reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:61. Exploitation of natural resources by commissioner or employees prohibited

RS 30:61 - Exploitation of natural resources by commissioner or employees prohibited
Neither the commissioner of conservation nor any salaried officer or employee of the department shall be or become:
(1) actively interested in the exploiting for personal gain of any natural resources in the state;
(2) employed by any person engaged in exploiting any natural resources of the state;
(3) an officer of or a member of the board of directors of any corporation engaging in the exploitation of natural resources of the state.
Violation of this Section shall constitute grounds for removal from office or dismissal from employment.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:62. Forfeiture of all rights acquired in violation of R.S. 30:61

RS 30:62 - Forfeiture of all rights acquired in violation of R.S. 30:61
Any violation of the provisions of R.S. 30:61 ipso facto operates as an immediate forfeiture to the state of all rights, property, money, or things of value acquired by the violation, from, upon, under or out of property privately owned or leased from any municipality or public board, body, commission, or agency of the state. The rights of the state respecting these forfeitures are imprescriptible.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:63. Transfer of rights acquired in violation of R.S. 30:61 null

RS 30:63 - Transfer of rights acquired in violation of R.S. 30:61 null
Any sale, lease, exchange, transfer, or assignment by any of the persons mentioned in R.S. 30:61 of any rights, property, or things of value acquired in violation of that Section is null and void ab initio.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:72. Policy and purpose

RS 30:72 - Policy and purpose
A. The legislature finds and declares that:
(1) Oilfield wastes in abandoned pits, ponds, lagoons, landfills, or other sites can pose a present and future hazard to the public health, safety, and welfare.
(2) State laws and regulations must comprehensively address those situations where the state must direct or participate in the cleanup, closure, or post-closure of abandoned oilfield waste sites through the exercise of its police powers or the expenditure of public monies, or both.
B. In order to eliminate any hazards associated with abandoned oilfield waste sites, it is in the public interest and within the police power of this state to provide for the control, prevention, abatement, and cleanup of abandoned oilfield waste sites through administrative or legal action and expenditures and to provide for the recovery of all monies expended.
Acts 1986, No. 892, §1, eff. July 10, 1986; Acts 1992, No. 984, §9.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:73. Definitions

RS 30:73 - Definitions
As used in this Part, the following terms shall have the meaning ascribed to them in this Section, unless the context or use clearly indicates otherwise:
(1) "Commissioner" means the commissioner of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives from the injection and mining division of that office.
(2) Repealed by Acts 1992, No. 984, §18.
(3) "Oilfield wastes" or "wastes" means those fluids, sludges, elements, or compounds defined or identified as oilfield wastes or non-hazardous oilfield wastes pursuant to R.S. 30:4 et seq., and regulations thereunder.
(4) "Waste site" or "abandoned waste site" means a landfill, land treatment area, pit, pond, lagoon, or other surface feature that is not actively used for oil and gas operations, whether or not declared "abandoned" under this Part, and which contains oilfield wastes, including such surrounding property necessary to contain and impound the site and to secure the area from access by the general public. This definition includes any commercial facility that is or was legally permitted for waste storage, treatment, or disposal of nonhazardous oilfield wastes for a fee or other consideration.
Acts 1986, No. 892, §1, eff. July 10, 1986; Acts 1992, No. 984, §18; Acts 1993, No. 404, §1; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:75. Abandoned oilfield waste sites; declaration

RS 30:75 - Abandoned oilfield waste sites; declaration
A. A site may be declared to be an abandoned oilfield waste site by the commissioner upon a finding that the site:
(1) Has received for storage, treatment, or disposal or now contains or emits wastes that are identified, classified, or defined to be oilfield wastes in accordance with the regulations adopted under the provisions of this Chapter.
(2) Was not closed or maintained in accordance with the requirements of this Chapter and the regulations adopted hereunder.
(3) Constitutes or may constitute a danger or potential danger to the public health, the environment, or an oil or gas strata.
(4) Has no financially responsible owner or operator who can be located, or such person has failed or refused to undertake actions ordered by the commissioner under this Part.
B. For the purposes of this Part, "financially responsible person" or "responsible person" shall mean that the person has insurance, bonds, or assets sufficient to take action as necessary or as ordered by the commissioner to test, monitor, contain, control, close, and provide post-closure care for an abandoned oilfield waste site owned or operated, in whole or part, by that person.
C. Prior to declaring a waste site to be an abandoned oilfield waste site, the commissioner shall seek to notify every person who may own an interest therein that the waste site is to be declared abandoned, shall publish on three consecutive occasions in the official journal of the parish in which the waste site is located that is to be declared abandoned, and, if requested by any owner or operator, within ten days after notice, shall hold a fact-finding hearing prior to declaring the waste site abandoned.
D. Upon declaration that a waste site is an abandoned oilfield waste site, the commissioner may take such specific legal actions as he deems necessary, including the acquisition of easements and rights-of-way, conducting negotiations for property acquisition, and exercise of eminent domain as provided by R.S. 30:78 to secure such waste site or compel cleanup or containment consistent with regulations and guidelines established hereunder.
E. When a waste site has been declared an abandoned oilfield waste site, the commissioner is authorized to undertake the physical control, containment, pit cleanup, or closure of the abandoned waste site and may retain personnel for these purposes who shall operate under his direction.
Acts 1986, No. 892, §1, eff. July 10, 1986.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:76. Oilfield waste site cleanup

RS 30:76 - Oilfield waste site cleanup
Except as provided in R.S. 30:77 in any cases where monies are expended to conduct investigative, testing, control, pit, or other cleanup activities at a waste site, the commissioner shall institute a civil action to recover from any responsible person all such monies so expended. Any monies so recovered shall be paid into the state general fund.
Acts 1986, No. 892, §1, eff. July 10, 1986; Acts 1992, No. 984, §9.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:77. Cooperative agreements

RS 30:77 - Cooperative agreements
The commissioner may enter into a cooperative agreement and may disburse monies from the Fund to any person, private trust, association, committee, or other entity for the purpose of evaluation, investigation, testing, containment, and cleanup of specific abandoned oilfield waste sites without a formal declaration of abandonment and with waiver of recovery from parties to the agreement, if deemed in the public interest. Any party to such an agreement must be licensed according to law before negotiating or entering into such a contract. Cooperative agreements shall require reasonable contributions in cash or services in kind from private parties to the agreement and shall provide for reasonable supervision by the commissioner. Cooperative agreements shall be negotiated informally by the commissioner and shall not be subject to any other requirements of law for entering into contracts. Prior to the execution of such an agreement, it shall be reviewed by the commissioner of the division of administration, and on completion of the cleanup, the commissioner shall submit a report on the cleanup to the chairman of the Senate Natural Resources Committee and the chairman of the House Natural Resources and Environment Committee.
Acts 1986, No. 892, §1, eff. July 10, 1986; Acts 2008, No. 580, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:78. Easements, rights-of-way, eminent domain

RS 30:78 - Easements, rights-of-way, eminent domain
A. When an oilfield waste site is declared to be abandoned, the commissioner, under the police powers of the state, may, for the duration of the cleanup operations and without compensation to the landowner, except for actual damages to property or person, claim a comprehensive easement over the waste site and all other areas sufficient to secure, contain, or clean up the same.
B. During the first one hundred eighty days following a declaration that a waste site is abandoned, the commissioner may claim and declare an emergency access route, which shall be held without compensation to the owner except for actual damages to property or person, under the police powers of the state, and the location of such may be across either public or private lands and shall be such as are deemed necessary and reasonable for the resolution and control of the waste site.
C. When the commissioner determines that a period greater than one hundred eighty days will be or is needed for purposes of cleanup control or monitoring of the waste site, he shall first attempt to acquire the necessary rights-of-way or easements by negotiating with the burdened landowner for the purchase or lease thereof, and where the rights-of-way or easements needed cannot be obtained through negotiations, he may exercise the right of eminent domain to obtain temporary or permanent passage.
D. The commissioner is hereby authorized and directed to seek to acquire such rights as are necessary to maintain control over such areas by negotiations with the owner of the lands affected. When such rights cannot be acquired through reasonable negotiations, the commissioner may exercise the right of eminent domain to the same extent and with the same limitations as is applicable for other public purposes set forth in R.S. 19:1 et seq.
E. All emergency easements and access routes are to be continued in effect until all rights sought under the eminent domain proceedings have been finally vested thereunder unto the state.
F. In all cases where the state acquires property rights either amicably or by eminent domain from any person against whom a claim has been asserted who owns or possesses rights in the abandoned waste site, payment of all monies for the acquisition shall be withheld until such time as that person's liability has been finally resolved. All funds withheld shall be utilized to offset the liabilities assessed.
G. Nothing in this Section shall be construed to deny or limit access to the waste site by the commissioner or his authorized agents for the purposes of carrying out the provisions of this Chapter and as otherwise provided by law.
Acts 1986, No. 892, §1, eff. July 10, 1986.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:81. Policy and purpose

RS 30:81 - Policy and purpose
A. The legislature finds and declares that:
(1) A present and future benefit to the environment, public health, safety, and welfare would be to clean up, close, and restore oilfield sites.
(2) State laws and regulations must comprehensively address those situations where proper and timely cleanup, closure, and restoration of orphaned oilfield sites must be assured.
B. It is in the public interest and within the police power of this state to establish an oilfield site restoration commission and an oilfield site restoration fund to provide for the proper and timely cleanup, closure, and restoration of oilfield sites, to be administered by the assistant secretary of the office of conservation within the Department of Energy and Natural Resources.
C. Nothing in this Part shall be deemed to alter or impair any rights and responsibilities established by contract between private parties.
Acts 1993, No. 404, §2; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:84. Powers of the secretary

RS 30:84 - Powers of the secretary
A. The powers of the secretary shall include without limitation the power to do the following:
(1) Make expenditures or commitments to make expenditures from the fund or disburse funds for the restoration of oilfield sites as he deems necessary and appropriate, including but not limited to disbursement of monies in the fund pursuant to R.S. 30:86(E)(2) to pay principal, interest, and related costs in connection with the issuance of bonds.
(2) Disburse and approve expenditures or release monies from site-specific trust accounts for restoration of oilfield sites at any time during the life of the oilfield site.
(3) Employ, appoint, remove, assign, and promote from any funding sources authorizing administrative costs such personnel as is necessary for the efficient administration of this Part, including the appointment of an executive director who shall be an unclassified employee. In addition to any other powers, duties, functions, and responsibilities defined by the secretary, the executive director shall assist the secretary in the efficient administration of this Part.
(4) Adopt and promulgate rules and regulations respecting the administration of this Part.
(5) Negotiate and execute contracts, upon such terms as he may agree upon, for legal, financial, engineering, construction, and other professional services necessary to meet the purpose of this Part.
(6) Perform such other specific functions as may be enumerated or envisioned by the provisions of this Part.
(7) The secretary shall maintain all oversight, supervisory, and fiscal responsibility imposed under the provisions of this Part which are not specifically conferred upon the commission.
(8) Authorize, upon a finding of economic justification, the closure and restoration of nonpriority orphaned oilfield sites that may be packaged together as projects. This authority shall be used to decrease in a cost effective manner the total number of orphaned wells. Excluding expenses of money deposited pursuant to R.S. 30:86(D)(9) or (10) or emergency response costs pursuant to R.S. 30:6.1, 86(E)(5), and 92, the cost of closing and restoring nonpriority orphaned oilfield sites shall not exceed twenty percent of the amount expended from the Oilfield Site Restoration Fund in any fiscal year, unless otherwise approved by the commission.
B-C. Repealed by Acts 1997, No. 994, §2.
D. The powers provided for in this Section shall be in addition to and shall not limit the powers conferred on the secretary in other provisions of this Subtitle or by any other provisions of any state or federal law or regulation.
Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §§1, 2; Acts 2008, No. 384, §1; Acts 2016, No. 666, §1, eff. June 17, 2016; Acts 2022, No. 10, §1, eff. May 13, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:85. Powers of the assistant secretary

RS 30:85 - Powers of the assistant secretary
A. The powers of the assistant secretary shall include without limitation the power to do the following, subject to the supervision of the secretary:
(1) Adopt and promulgate rules and regulations implementing the administration of this Part.
(2) Perform such specific functions as may be enumerated by the provisions of this Part.
(3) The assistant secretary shall perform all regulatory functions imposed by this Part.
(4) Modify funding requirements of site-specific trust accounts either upon recommendation of the commission, the secretary, or upon his own determination, based upon changes in operation, site conditions, or trust account status.
B. Repealed by Acts 2022, No. 10, §2, eff. May 13, 2022.
C. The aforementioned powers shall be in addition to and shall not limit the powers conferred on the assistant secretary in other provisions in this Title or any other pertinent provision of any state or federal law or regulation.
Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §1; Acts 2022, No. 10, §2, eff. May 13, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:89. Non-orphan site restoration

RS 30:89 - Non-orphan site restoration
A. After due notice and hearing and upon certification from the assistant secretary that a responsible party has failed to undertake site restoration of an unusable oilfield site, the secretary or assistant secretary is authorized to disburse such funds as are necessary for site restoration from the site-specific trust account.
B. The assistant secretary, upon notice and hearing, pursuant to rules adopted by the assistant secretary in accordance with the Administrative Procedure Act, may declare an oilfield site to be an unusable oilfield site. Upon failure of a responsible party to undertake site restoration as ordered by the assistant secretary, the secretary or assistant secretary is authorized to disburse such funds as are necessary for site restoration from the site-specific trust account.
C. For sites restored pursuant to Subsections A and B of this Section, after site restoration has been completed and approved by the assistant secretary, funds from the site-specific trust account will be disbursed as follows:
(1) The balance of the account existing in the site-specific trust account will be remitted to the responsible party. Such account shall thereafter be closed.
(2) If the funds in the site-specific trust account are depleted prior to the payment of all site restoration costs, the department is authorized to collect the remainder of site restoration costs from the responsible party or ensure that the responsible party completes the site restoration to the satisfaction of the assistant secretary.
(3) If the funds in the site-specific trust account are depleted prior to the payment of all site restoration costs, and if the assistant secretary subsequently declares that oilfield site to be an orphaned oilfield site and upon approval of the commission, the Oilfield Site Restoration Fund shall contribute the balance of the restoration costs for that orphaned oilfield site.
D. If a responsible party fails or is unable to restore a site and there is no site-specific trust account, the assistant secretary shall declare the site orphaned in accordance with R.S. 30:91(B).
Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §1; Acts 2022, No. 10, §1, eff. May 13, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:89.1. Credits for judgments or compromises

RS 30:89.1 - Credits for judgments or compromises
In the event an owner of a property interest in an oilfield site, or in other property affected by oil or gas exploration, development, or production activities on an oilfield site, obtains a final judgment from a court of competent jurisdiction, pursuant to the provisions of this Title or any other law or regulation or any obligation whatsoever, including but not limited to obligations imposed by contract or by law, or enters into a binding compromise, which judgment or compromise awards damages or other relief for injury to the property interest resulting from oil or gas exploration, development, or production activities on an oilfield site, including but not limited to damages equivalent to the costs of site assessment or restoration, or which judgment or compromise requires the performance of site assessment, restoration, or any other operations or activities on an oilfield site, in any action, judicial or administrative, by the state of Louisiana or any state agency to enforce any law or regulation with regard to the consequences of the same oil or gas exploration, development, or production activities on the same oilfield site, then solely to the extent that a judgment or compromise after June 30, 2006, is shown to have been satisfied or discharged by the actual performance of site restoration in accordance with the appropriate regulatory standards of the Department of Energy and Natural Resources, office of conservation at a minimum, or by actual site assessment, the party against whom the judgment was rendered, or who is obligated by the compromise, shall be given full credit against the obligation sought to be enforced by the state of Louisiana or any state agency, and the obligation shall be reduced proportionately, in amounts equal to the portion of the judgment or compromise paid, satisfied, or discharged or the costs of the performance of any site assessment, restoration, or other operations or activities required by the judgment or compromise.
Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 2006, No. 312, §1, eff. June 8, 2006; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:90. Commission's annual report to the legislature

RS 30:90 - Commission's annual report to the legislature
A. The commission shall submit to the Senate Committee on Natural Resources, the House Committee on Natural Resources and Environment, and the Senate Committee on Environmental Quality before March first an annual report that reviews the extent to which the fund has enabled the commission to better protect the environment and enhance the income of the Oilfield Site Restoration Fund.
B. The commission shall generate a three-year plan which comprehensively addresses a balanced restoration of all oilfield sites in the state. The three-year plan shall include an inventory of all wells by classification, a timetable for implementation and completion of site restoration activities and set forth other goals and objectives of the commission. The commission will annually review the status of its three-year plan and shall generate successive three-year plans as needed.
C. The assistant secretary shall furnish the commission with semiannual reports that review the efforts of the assistant secretary to assure proper and timely cleanup, closure, and restoration of oilfield sites.
D. The assistant secretary's semiannual reports shall include:
(1) The number of wells plugged by the assistant secretary.
(2) The number of orphaned oilfield sites, including a breakdown of those which have been identified during the preceding year and those at which site restoration has been completed during the preceding year.
(3) The number of producing and nonproducing oilfield sites.
(4) The status of enforcement proceedings for all sites in violation of the assistant secretary's rules and the time period during which the sites have been in violation, including the status of the assistant secretary's attempts to recover reimbursement for restoration costs.
E. The commission's annual report to the legislature shall include:
(1) The number of wells plugged by the department.
(2) The number of orphaned oilfield sites, including a breakdown of those which have been identified during the preceding year and those at which site restoration has been completed during the preceding year.
(3) The number of producing and nonproducing oilfield sites.
(4) The status of enforcement proceedings for all sites in violation of the assistant secretary's rules and the time period during which the sites have been in violation, including the status of the assistant secretary's attempts to recover reimbursement for restoration costs.
(5) A report on the progress of the commission's three-year plan.
(6) A projection of the amount of oilfield cleanup funds needed for the next year for site restoration.
(7) The status of implementation of the provisions of this Part relating to possession and sale of equipment to recover site restoration costs.
Acts 1993, No. 404, §2; Acts 1996, 1st Ex. Sess., No. 36, §1, eff. May 7, 1996; Acts 2008, No. 580, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:92. Orphan site restoration

RS 30:92 - Orphan site restoration
A. The secretary is hereby authorized to expend sums from the fund and enter into contracts for the purpose of site restoration on any site declared to be an orphaned oilfield site. The assistant secretary may conduct site restoration, expend sums from the fund, and enter into contracts for the purpose of site restoration to respond to an emergency as provided in R.S. 30:6.1.
B. Any contractor bidding for a contract to provide services for site restoration as provided in this Part shall take into account the salvage value of all equipment which shall be removed in the clean-up and restoration process and shall so stipulate and identify the value in his bid.
C. A contract for site assessment or site restoration shall require a formal bid process. All contracts shall be exempt from the provisions of the Public Bid Law and the Louisiana Procurement Code; however, before this exemption from the Public Bid Law and the Louisiana Procurement Code can be effective, the assistant secretary shall promulgate rules in accordance with the Administrative Procedure Act to set forth the procedures, which, to the extent practicable, shall be in substantial compliance with the Public Bid Law and shall require a formal bid process. A project which the assistant secretary has declared in writing to be an emergency may employ a written and thoroughly documented informal bidding procedure in which bids are solicited from at least three bidders. All such contracts shall be reviewed prior to execution by the assistant secretary, and all informally bid contracts shall be reviewed by the secretary. Notwithstanding any other requirements in this Part, any monies deposited pursuant to R.S. 30:86(D)(9) or (10) may be expended by the secretary through a contract entered into under any competitive process authorized by Title 38 or 39 of the Louisiana Revised Statutes of 1950.
Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §1; Acts 2020, No. 242, §1; Acts 2022, No. 10, §1, eff. May 13, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:94. Penalties

RS 30:94 - Penalties
A. Failure of a responsible party to comply with its obligation under this Part may cause that responsible party to lose all rights of an operator under this Subtitle in the state of Louisiana. The assistant secretary may cancel forthwith any allowables and deny any permits until restitution is received by cashier's check for costs incurred by the assistant secretary under this Part. Costs shall include without limitation restoration costs, legal expenses, and interest. The fund shall be reimbursed for any expenditures made on behalf of the oilfield site.
B.(1) The assistant secretary may withhold any permit application under this Subtitle to the following:
(a) Any individual, partnership, corporation, or other entity which has been found to have violated Statewide Order 29-B.
(b) Any partnership, corporation, or other entity for which a general partner, an owner of more than twenty-five percent ownership interest, or a trustee has, within the two years preceding the date on which the permit application is filed, held a position of ownership or control in another partnership, corporation, or other entity which has been found to have violated Statewide Order 29-B.
(2) An individual or entity has committed a violation of Statewide Order 29-B if any one of the following has occurred:
(a) On order finding the violation has been entered against the individual or entity, all appeals have been exhausted and the individual or entity is not in compliance or on a schedule for compliance with an order.
(b) The assistant secretary and the individual or entity have entered into an agreed order relating to the alleged violation and the individual or entity is not in compliance or on a schedule for compliance with such order.
(3) The assistant secretary shall not deny the permit application if:
(a) The conditions that constituted the violation have been corrected.
(b) All administrative, civil, and criminal penalties relating to the violation have been paid.
(c) All costs and expenses relating to the violation have been paid.
C. In addition to the foregoing, any person found by the assistant secretary to be in violation of any requirement of this Part, may be liable for a civil penalty, to be assessed by the assistant secretary or court, of not more than twenty-five thousand dollars for each day of the continued noncompliance.
D. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing on such charge. In determining whether or not a civil penalty is to be assessed and in determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered.
Acts 1993, No. 404, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:95. No inference of liability on the part of the state

RS 30:95 - No inference of liability on the part of the state
A. Nothing in this Part shall establish or create any liability or responsibility on the part of the commission or the state of Louisiana to pay any costs associated with site restoration from any sources other than the fund created by R.S. 30:86 or the funds established in connection with the issuance of bonds on behalf of the commission, at the direction of the secretary, pursuant to R.S. 30:83.1 nor shall the commission or the state of Louisiana have any liability or responsibility to make any payments for costs associated with site restoration if the trust created herein is insufficient to do so.
B. The secretary, assistant secretary, the commission, or their agents, on proper identification, may enter the land of another for purposes of site assessment or restoration.
C. The commission, the secretary, and the assistant secretary, and their agents, are not liable for any damages arising from an act or omission if the act or omission is part of a good faith effort to carry out the purpose of this Part.
D. No party contracting with the Department of Energy and Natural Resources, office of conservation, or the commission under the provisions of this Part shall be deemed to be a public employee or an employee otherwise subject to the provisions of Parts I through IV of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
Acts 1993, No. 404, §2; Acts 1997, No. 994, §1; Acts 2016, No. 666, §1, eff. June 17, 2016; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:96. Nullification of Part

RS 30:96 - Nullification of Part
This Part shall be null, void, and without effect upon the appropriation by the legislature of all or any portion of the monies in the Oilfield Site Restoration Fund for any use or purpose other than that provided for by this Part; provided however, upon the creation of a trust fund in the constitution of Louisiana for the purposes contained in this Part, the legislature may appropriate all of the monies in the Oilfield Site Restoration Fund to such constitutional trust fund.
Acts 1993, No. 404, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.1. Citation

RS 30:101.1 - Citation
This Part may be cited as the "Louisiana Fishermen's Gear Compensation and Underwater Obstruction Removal Program".
Acts 1997, No. 666, §2; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.2. Policy and purpose

RS 30:101.2 - Policy and purpose
A. The legislature finds and declares that it is in the public interest and within the police power of this state to establish a fishermen's gear compensation and underwater obstruction removal program and a fishermen's gear compensation and underwater obstruction removal dedicated fund account to provide for the proper and timely identification, inventory, and removal of underwater obstructions that are a hazard to navigation and commercial fishing in the state, and to compensate commercial fishermen for damage to their fishing gear from the underwater obstructions. The program and fund account shall be administered, for purposes of fishermen's gear compensation, by the assistant secretary of the office of coastal management and, for purposes of underwater obstruction, by the assistant secretary of the office of conservation, both with the Department of Energy and Natural Resources.
B. Nothing in this Part shall be deemed to alter or impair any rights and responsibilities established by contract between private parties.
Acts 1997, No. 666, §2; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 100, §2, eff. July 1, 2023; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.3. Definitions

RS 30:101.3 - Definitions
As used in this Part, the following terms shall have the meanings ascribed to them in this Section, unless the context or use clearly indicates otherwise:
(1) "Account" means the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account.
(2) "Assistant secretary" means the assistant secretary of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives.
(3) "Commercial fisherman" means any citizen of the state of Louisiana whose primary source of earnings is from the harvesting of living marine resources for commercial purposes. For purposes of this Paragraph, "earnings" means the earnings derived solely by the personal efforts of the commercial fisherman, exclusive of the income of a spouse or of any community property interest in the income of a spouse.
(4) "Department" means the Department of Energy and Natural Resources.
(5) "Fishing gear" means any vessel and any equipment, whether or not attached to a vessel, which is used in the commercial handling or harvesting of living marine resources.
(6) "Program" means the Fishermen's Gear Compensation and Underwater Obstruction Removal Program.
(7) "Secretary" means the secretary of the Department of Energy and Natural Resources or his authorized representatives.
(8) "Underwater obstruction" means any obstacle, whether natural or manmade, which impedes normal navigation and commercial fishing on the navigable waters of the state.
Acts 1997, No. 666, §2; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 100, §2, eff. July 1, 2023; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.4. Fishermen's Gear Compensation and Underwater Obstruction Removal Program

RS 30:101.4 - Fishermen's Gear Compensation and Underwater Obstruction Removal Program
A. The Fishermen's Gear Compensation and Underwater Obstruction Removal Program is hereby created within the office of the secretary of the Department of Energy and Natural Resources and shall be administered, for purposes of fishermen's gear compensation, by the assistant secretary of the office of coastal management and, for purposes of underwater obstruction, by the assistant secretary of the office of conservation.
B. The assistant secretary shall adopt rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Part and to provide for procedures for the identification, inventory, and removal of underwater obstructions to navigation and commercial fishing.
Acts 1997, No. 666, §2; Acts 2022, No. 100, §2, eff. July 1, 2023; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.5. Powers of the secretary

RS 30:101.5 - Powers of the secretary
A. The powers of the secretary shall include without limitation the power to do the following:
(1) Administer general oversight of expenditures or commitments to make expenditures from the dedicated fund account for the identification, inventory, and removal of underwater obstructions as he deems necessary and appropriate.
(2) Maintain all supervisory and fiscal responsibility imposed under the provisions of this Part which are not specifically conferred upon the assistant secretary.
(3) Perform such other specific functions as may be enumerated or envisioned by the provisions of this Part.
B. The powers provided for in this Section shall be in addition to and shall not limit the powers conferred on the secretary in other provisions of this Title or by any other provisions of any state or federal law or regulation.
Acts 1997, No. 666, §2; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.6. Powers of the assistant secretary

RS 30:101.6 - Powers of the assistant secretary
A. The powers of the assistant secretary shall include without limitation the power to do the following:
(1) Negotiate and execute contracts, upon such terms as he may agree upon for underwater obstruction identification, inventory, and removal, and other services necessary to meet the purpose of this Part.
(2) Publish an annual list of underwater obstruction sites, to include an inventory of the type, size and depth of the obstruction, and any other relevant information which would aid navigation and commercial fishing in the vicinity of the obstruction.
(3) Prepare, evaluate, and approve an annual priority list for underwater obstruction removal.
(4) Prepare, evaluate, and approve a list of contractors acceptable to conduct obstruction removal.
(5) Administer and manage the Fishermen's Gear Compensation and Underwater Obstruction Removal Program for identification, inventory, and removal of underwater obstructions in the navigable coastal waters of the state.
(6) Administer and manage the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account.
(7) Perform any function authorized or enumerated by this Part or which is consistent with its purpose.
(8) Maintain a file on the location of known underwater obstructions.
(9) Administer the payment of appropriate compensation for commercial fishermen whose fishing gear is damaged by underwater obstructions in the Louisiana territorial waters that overlie state-owned waterbottoms that are contained within the coastal zone boundaries as defined in R.S. 49:214.24.
B. The aforementioned powers shall be in addition to and shall not limit the powers conferred on the assistant secretary in other provisions in this Title or any other pertinent provision of any state or federal law or regulation.
Acts 1997, No. 666, §2; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.7. Contracts; parties

RS 30:101.7 - Contracts; parties
A. A contract for obstruction removal shall require a cash bond, performance bond, or other equivalent surety instrument approved by the assistant secretary, and shall require a formal bid process. A project which the assistant secretary has declared in writing to be an emergency may employ a written and thoroughly documented informal bidding procedure in which bids are received from at least three bidders. All such contracts shall be reviewed prior to execution by the secretary, and all informally bid contracts shall be reviewed by the commissioner of the division of administration.
B. No party contracting with the department under the provisions of this Part shall be deemed to be a public employee or an employee otherwise subject to the provisions of Chapter 15 of Parts I through IV of Title 42 of the Louisiana Revised Statutes of 1950.
Acts 1997, No. 666, §2; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.8. Liability

RS 30:101.8 - Liability
The secretary or the assistant secretary shall not be liable for any damages arising from an act or omission if the act or omission is part of a good faith effort to carry out the purpose of this Part.
Acts 1997, No. 666, §2; Acts 1997, No. 666, §2; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.10. Assistant secretary's annual report to the legislature

RS 30:101.10 - Assistant secretary's annual report to the legislature
A. The assistant secretary shall submit to the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment before March first an annual report that reviews the extent to which the program has enabled the assistant secretary to better protect the navigable waters and commercial fishing of the state and enhance the income of the fund.
B. The assistant secretary's annual reports shall include:
(1) The number and location of underwater obstructions which have been identified and inventoried, and a list of those obstructions which have been successfully removed during the preceding year, to include the cost of removal of each.
(2) The overall status of implementation of the provisions of this Part relating to identification, inventory, and removal of underwater obstructions.
Acts 1997, No. 666, §2; Acts 2008, No. 580, §2; Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.11. Geographical coverage; annual assessments

RS 30:101.11 - Geographical coverage; annual assessments
A. The dedicated fund account as established in R.S. 30:101.9 shall be utilized to compensate commercial fishermen operating in Louisiana territorial waters which overlie state-owned waterbottoms which are contained within the coastal zone boundaries as described and established by R.S. 49:214.24.
B.(1) The secretary is authorized and empowered to levy an annual fee in the amount of four hundred dollars upon each lessee or operator for any agreement for mineral or energy production or for subsurface storage entered into by the State Mineral and Energy Board and each grantee of a state right-of-way, for each lease and right-of-way on July 1, 2023, located within the coastal zone boundary. The secretary shall not levy the fee upon a political subdivision of the state.
(2) The state treasurer shall be authorized to deposit into the account a sum in the amount of one hundred thousand dollars from proceeds remaining in the Bond Security and Redemption Fund after compliance with dedications of mineral royalties, leases, bonuses, and rights-of-way and other sums payable to the state as lessor of mineral leases and grantor of rights-of-way as required pursuant to R.S. 30:136(B) and 136.1(A), (B), and (C), after a sufficient amount has been allocated from the Bond Security and Redemption Fund to pay all obligations secured by the full faith and credit of the state which become due and payable within the fiscal year.
Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.12. Promulgation and adoption of rules and regulations

RS 30:101.12 - Promulgation and adoption of rules and regulations
A. In carrying out the provisions of this Part applicable to compensation to commercial fishermen for damage to their fishing gear, the secretary shall prescribe, and from time to time amend, regulations for the filing, processing, and the fair and expeditious settlement of claims pursuant to this Part, including a time limitation on the filing of such claims and the appointment of a hearing examiner. These regulations shall ensure that the whole claim procedure is as simple as possible. Any designee of the secretary authorized to prescribe and amend such rules and regulations shall do so under the overall supervision and control of the secretary.
B. In the promulgation of regulations pursuant to this Part, the secretary shall establish a procedure whereby a fisherman may recover for damages from an obstruction encountered previously.
C. Any rule, regulation, or guideline shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.
Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:101.14. Facilities reports; survey of obstruction; labeling

RS 30:101.14 - Facilities reports; survey of obstruction; labeling
A. The assistant secretary shall prepare a detailed file of all structures and facilities located on state waterbottoms within the boundaries of the dedicated fund account. In developing the file, the secretary may require the owners and operators of state mineral leases and pipeline rights-of-way to furnish information relative to the location, description, and nature of facilities, both active and abandoned, on and beneath the state's waterbottoms.
B. The assistant secretary shall establish and classify all potential hazards to commercial fishing caused by oil and gas exploration, development, and production activities in Louisiana waters, including all obstructions on the bottom, throughout the water column, and on the surface.
C. The secretary shall establish regulations for all materials, equipment, tools, containers, pipelines, and other items used within Louisiana waters by the oil and gas industry to be properly stamped or labeled, wherever practicable, with the owner's identification prior to actual use. These regulations shall be consistent with labeling regulations promulgated by the United States Department of Interior pursuant to the provisions of Title IV of the Outer Continental Shelf Lands Act Amendments of 1978.
Acts 2022, No. 100, §2, eff. July 1, 2023.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.