reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1505 - Claim Filing Procedure-Initial Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
				  Within 30 days of encountering an obstruction in state waters covered by the
				  fund, from which damage or loss to fishing gear is sustained and for which a
				  written claim will be made for reimbursement from the fund, as otherwise
				  provided in
				  §1509 of these
				  regulations, the commercial fisherman encountering the obstruction shall notify
				  the regulatory authority, orally or in writing, and provide the following
				  information:
a. claimant's name, address and
				  telephone number;
b. the name and
				  registration number of the commercial fishing vessel involved;
c. the Louisiana residential commercial
				  fishing license number of the claimant;
d. the location of the vessel and obstruction
				  at the time of encounter by one of the methods described in
				  §1507 of these
				  regulations whenever possible;
e.
				  the date and time of day that the obstruction was encountered;
f. identification of the nature of the
				  obstruction; and
g. a description
				  of the nature of the damage or loss sustained for which a written claim will be
				  made and the estimated amount, in dollars, of the damage or loss, if
				  known.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1507 - Identification of Area of Obstruction

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an obstruction has been encountered
				  by a claimant from which encounter a claim for damages to the fund is made, the
				  claim shall not be accepted unless accompanied by sufficient information by
				  which to locate the area of the obstruction. Such information shall be conveyed
				  on forms furnished by the department when available, or otherwise in a manner
				  sufficiently clear to be usable by the department in charting the obstruction.
1. No future claim shall be filed by a
				  claimant for an encounter with an obstruction at the same location reported by
				  the fisherman on a previous claim.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1513 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The intentional
				  rendering of a financial statement of account, which is known to be false, by
				  anyone who is obliged to render an accounting pursuant to
				  R.S.
				  56:700.1-700.5, or these regulations, shall
				  be punishable pursuant to the provision of the
Louisiana Criminal
				  Code
,
				  R.S.
				  14:70, false accounting.
B. The filing or depositing, with knowledge
				  or falsity, of any forged or wrongfully altered document, for record in any
				  claim or proceeding before a hearing examiner or other administrator of the
				  fund, shall be punishable pursuant to the provisions of the
Louisiana
				  Criminal Code
,
				  R.S.
				  14:133, filing false public
				  records.
C. The intentional making
				  of a false written or oral statement in, or for use in any claim, proceeding or
				  testimony before a hearing examiner or other administrator of the fund, under
				  sanction of an oath, sworn affidavit or an equivalent affirmation, shall be
				  punishable pursuant to the provisions of the Louisiana Criminal Code,
				  R.S. 14:123,
				  Perjury.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 56:700.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1515 - Assessment of Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
				  November 1,1979, in order to establish the Fishermen's Gear Compensation Fund,
				  a fee in the amount of $300 is levied upon each lessee of a state mineral
				  lease, and each grantee of a state right-of-way which is located within the
				  coastal zone boundary as described in R.S. 49.213.4, October 20,1979.
1. For definition herein:
a.
Lessee of a State Mineral
				  Lease
- the owner of the right to sever minerals from state owned water
				  bottoms whether or not such right is derived by lease, operating agreement, or
				  otherwise.
b.
Grantee of a
				  State Right of Way
- the owner of a pipeline right-of-way grant and no
				  other.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1517 - Rules for Labeling Equipment, Tools, Materials, and Containers Used by the Oil and Gas Industry within Louisiana Coastal Waters

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes of this regulation, the
				  term
waters of the coastal zone
means those rivers, streams,
				  lakes, and all other water courses within the boundaries of the Louisiana
				  coastal zone,
				  R.S.
				  49:214.24.
B. Materials, equipment, tools, containers,
				  and other items used in the waters of the coastal zone which are of such shape
				  and configuration that they are likely to snag or damage fishing devices shall
				  be handled and marked as follows:
1. all loose
				  material, small tools and other objects shall be kept in marked containers when
				  not in use or before transport in waters of the coastal zone;
2. all cable, chain, tires or wire segments
				  shall be recovered after use and securely stored;
3. skid-mounted equipment, portable
				  containers, spools or reels, materials on the reels, and drums shall be labeled
				  with the owner's name prior to use or transport in waters of the coastal
				  zone;
4. all labels shall clearly
				  identify the owner and shall be durable enough to resist the effects of
				  environmental conditions to which they are exposed.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 17 - Claiming Severance Tax Exemption under Act 673 of 1986 (R.S. 47:648.11) › Section I-1701 - Rules for Claiming Severance Tax Exemption under Act 673 of 1986 (R.S. 47:648.1)

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  47:648.1 established a qualified severance
				  tax exemption on the first 10,000 barrels of oil produced annually from a well
				  which is drilled between July 15, 1986 and July 15, 1987. This exemption is
				  qualified in that it applies only to the first 50 barrels of oil removed from
				  the ground in each day, although the 10,000 barrel limitation is calculated
				  from the total production of the well. This exemption may be claimed from the
				  date of first production from each well until July 15, 1990, except for months
				  when the value of oil, as reported to the Department of Revenue and Taxation
				  under
				  R.S.
				  47:633(7), exceeds $21 per
				  barrel.
B. The tax exemption does
				  not apply to:
1. condensate, distillate, or
				  similar natural resources produced from a well classified as a gas well by the
				  assistant secretary of the Office of Conservation;
2. casinghead gas produced with oil from a
				  well drilled between July 15, 1986 and July 15, 1987;
3. oil from a well on which drilling began
				  prior to July 15, 1986;
4. oil from
				  a well on which drilling is done after July 15,1987;
5. oil from a well with a price per barrel
				  greater than $21 as reported under
				  R.S.
				  47:633(7);
6. oil from a well following, or in excess
				  of, the first 50 barrels produced on any day;
7. oil from a well following, or in excess
				  of, the first 10,000 barrels produced in any year.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 19 - Louisiana Home Energy Rating › Subchapter A - Energy Rated Homes › Section I-1901 - ERHL Fee Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. As required
					 by
					 R.S.
					 36:354, the following fees shall be assessed
					 in order to provide funding for services offered by the new Energy Rated Homes
					 of Louisiana section of the Department of Natural Resources, Technology
					 Assessment Division, Energy Section.
Ratings
Regular Ratings
$50/hr. with minimum 4 hours
Ratings Requiring Post Retrofit Inspection
$50/hr. with minimum 5 hours
House Plan Review
$50/hr. with minimum 2 hours
Residential Walk-Through Audits
$50
Training
$10/hr./student or actual costs incurred
Building Diagnostics
Energy Use
$ 50/hr.
Moisture Damage
$ 50/hr.
Indoor Air Quality
On-Site Time
$ 50/hr.
Equipment Charges for 10-Day Monitoring Period
$200
B. All fee payments shall be made by check,
					 draft or money order to Energy Rated Homes of Louisiana, Department of Natural
					 Resources, Technology Assessment Division, Energy Section, P.O. Box 44156,
					 Baton Rouge, LA 70804-4156.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:354.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 21 - Administration › Section I-2101 - Memorandum of Understanding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Oilfield Site Restoration Commission, created within the Department of Natural
				  Resources, the secretary, and the assistant secretary for the office of
				  conservation have been delegated certain authority for the administration of
				  this Part by Act 404 of the 1993 Regular Session of the Louisiana Legislature.
				  A memorandum of understanding shall be prepared and signed by each of these
				  entities for the purpose of delineating and agreeing on the authority and
				  function to be served by and between each of them for the administration of
				  this Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 21 - Administration › Section I-2103 - Oilfield Site Restoration Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall perform all duties
				  and functions authorized or imposed upon it by the provisions of Act 404 of the
				  1993 Regular Session of the Louisiana Legislature. The commission shall further
				  enter into a memorandum of understanding in which it assumes the
				  responsibilities and delegates the authority to the secretary according to the
				  provisions of Act 404 of the 1993 Regular Session of the Louisiana
				  Legislature.
B. The commission
				  shall receive and administer the oilfield site restoration fund and the
				  site-specific trust accounts within the fund, as provided by law, and is
				  authorized to expend monies from the fund for its administration of this
				  Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 21 - Administration › Section I-2105 - Office of the Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  secretary shall perform all duties and functions authorized or imposed upon him
				  by the provisions of Act 404 of the 1993 Regular Session of the Louisiana
				  Legislature. The secretary shall further enter into a memorandum of
				  understanding in which he assumes the responsibilities and delegation of
				  authority according to the provisions of Act 404 of the 1993 Regular Session of
				  the Louisiana Legislature.
B. The
				  office of the secretary is authorized to expend a sum, not to exceed $200,000
				  per annum, for the department's administration of this Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 21 - Administration › Section I-2107 - Office of Conservation-Assistant Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The assistant secretary shall perform all
				  duties and functions authorized or imposed upon him by the provisions of Act
				  404 of the 1993 Regular Session of the Louisiana Legislature. The assistant
				  secretary shall further enter into a memorandum of understanding in which he
				  assumes the responsibilities and delegation of authority according to the
				  provisions of Act 404 of the 1993 Regular Session of the Louisiana
				  Legislature.
B. After review of
				  existing rules of the office of conservation, the assistant secretary, shall
				  promulgate any additional rules necessary for implementation of this
				  Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 23 - Oilfield Site Restoration Fund › Section I-2301 - Establishment of the Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Oilfield Site Restoration Fund is in the custody of the state treasurer and
				  shall be a special custodial trust fund administered by the secretary in
				  accordance with
				  R.S.
				  30:86.
B. The fund shall be and remain the property
				  of the commission.
C. The monies in
				  the fund shall be used solely for the purposes of this Part.
D. The secretary shall make certifications to
				  the secretary of the Department of Revenue as required by
				  R.S.
				  30:86.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 23 - Oilfield Site Restoration Fund › Section I-2303 - Assessment of Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees shall be
				  assessed in the amounts set forth in and as provided for in
				  R.S.
				  30:87.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 23 - Oilfield Site Restoration Fund › Section I-2307 - Use of the Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the administrative cost provided for herein, the monies in the fund may be
				  disbursed and expended as directed by the secretary for the following purposes:
1. any oilfield site assessments or
				  restoration conducted by the department pursuant to this Part. Provided,
				  however, that the amount of money expended for the cost of a site assessment
				  shall not exceed 10 percent of the cost to restore the site;
2. any costs and fees associated with the
				  recovery of site restoration costs and penalties pursuant to
				  R.S.
				  30:93 and 94;
3. the costs of assessment or restoration of
				  commercial facilities as defined in
				  R.S.
				  30:73(4) not to exceed 25
				  percent of any sums deposited within the same calendar year in which the monies
				  are expended.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 25 - Oilfield Site Restoration › Section I-2501 - Office of the Secretary; Oilfield Site Assessments or Restoration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary or
				  his agents, upon proper identification and notification, may enter the land of
				  another for purposes of oilfield site assessments or restoration.
B. The secretary may enter into contracts for
				  the purposes of site assessments or restoration to carry out the provisions of
				  this Part, under the following circumstances.
1. When the secretary has declared in writing
				  an emergency, he may take informal, detailed written bids from at least three
				  contractors without the necessity of meeting the requirements of the state
				  public bid law. Before execution of a contract, under emergency declaration, a
				  performance bond shall be furnished by the contractor and the contracts shall
				  be reviewed by the commissioner of administration.
2. Where no emergency exists, all contracts
				  shall be made pursuant to the state public bid law.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 25 - Oilfield Site Restoration › Section I-2503 - Oilfield Site Restoration Assessments; Site-Specific Trust Accounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				  that the parties to the transfer of an oilfield site elect to establish a
				  site-specific trust account an oilfield site restoration assessment may be made
				  prior to the transfer, or within one year from the date of the transfer, as
				  required by the secretary.
B. An
				  oilfield site restoration assessment shall be performed by a contractor chosen
				  from the list of contractors approved by the commission or a contractor who
				  submits his credentials to the commission for approval and is subsequently
				  added to the list.
C. A site
				  restoration assessment shall specifically detail site restoration needs and
				  shall provide an estimate of the site restoration costs needed to restore the
				  oilfield site, in accordance with the standards set forth in LAC 43:XIX.101 et
				  seq., based on the conditions existing at the time of the transfer. The site
				  restoration assessment shall be reported on a form provided by the
				  department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 27 - Liability; Limitations › Section I-2701 - Non-Orphaned Oilfield Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  responsible party is liable for the site restoration of an unusable oilfield
				  site.
B. If the responsible party
				  fails to complete restoration of an oilfield site and the assistant secretary,
				  after notice and hearing, has declared the site to be unusable, the secretary
				  is authorized to disburse such funds as are necessary for site restoration from
				  the site-specific trust account. After completion of the site restoration any
				  remaining funds in the site-specific trust account shall be remitted to the
				  responsible party.
C. If the
				  site-specific trust account is depleted prior to the payment of all site
				  restoration costs, the department shall attempt 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. If the responsible party is still unable to complete the
				  site restoration, and the assistant-secretary declares the site to be orphaned,
				  the Oilfield Site Restoration Fund shall contribute the balance of the
				  restoration costs for the site.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 27 - Liability; Limitations › Section I-2703 - Orphaned Oilfield Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				  party has transferred an oilfield site after May 1, 1993, for which a
				  site-specific trust account was established and the transferror has remained in
				  compliance with this Part he shall not be liable for any site restoration for
				  the non-orphaned or orphaned oilfield site.
B. If the assistant secretary has declared an
				  oilfield site to be orphaned which was transferred prior to May 1, 1993, the
				  secretary may expend monies from the fund to fully restore the site. Except for
				  the responsible party, the secretary shall not be authorized to recover the
				  restoration costs from parties which formerly operated or held working interest
				  in the orphaned site unless the costs to fully restore the site exceed
				  $200,000. Transfer of an oilfield site shall be deemed to have taken place
				  prior to May 1, 1993, where a purchase and sale agreement has been executed
				  prior to May 1, 1993, and closing takes place within 120 days of
				  execution.
C. If the assistant
				  secretary has declared an oilfield site to be orphaned which was transferred
				  after May 1, 1993, for which no site-specific trust account was established no
				  responsible party, prior operators, or working interest owners shall receive
				  the exemptions provided for in this Part for the subject orphan site.
D. If the assistant secretary has declared an
				  oilfield site to be orphaned which was transferred after May 1, 1993, for which
				  a site specific trust account was established the site shall be restored in the
				  following manner:
1. the secretary shall
				  expend the site-specific trust account funds; and
2. the assistant secretary shall collect any
				  deficiencies from the responsible party; and
3. the secretary shall expend a maximum of
				  $200,000 from the general oilfield site restoration fund if there are remaining
				  deficiencies; and
4. if there are
				  still further deficiencies the secretary shall recover any remaining costs from
				  any non-exempt prior operators and working interest owners in inverse
				  chronological order from the date on which the oilfield site has been declared
				  orphaned according to procedures established by the assistant
				  secretary.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 29 - Hearings; Appeals › Section I-2901 - Aggrieved Parties; Right to Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary shall not unreasonably
				  withhold approval of a site-specific trust account. Any party who applies for a
				  site-specific trust account and who is aggrieved by the decision of the
				  secretary may request a hearing and finally judicial review in accordance with
				  the hearings and appeal process established in Part I Chapter 1 of Title 43 of
				  the Louisiana Administrative Code in the general rules and regulations in the
				  Office of the Secretary.
B. Any
				  party who is aggrieved by a decision under this Part by the commission, the
				  secretary, or the assistant secretary, shall be entitled to a hearing and
				  appeal process as set forth above.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 2 - Oilfield Site Restoration › Chapter 31 - Penalties › Section I-3101 - Violations of this Part

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  violations of this Part shall be subject to the penalties as provided by
				  law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:80 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 37 - General › Section I-3701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules are
				  adopted pursuant to
				  R.S. 56:700.10
				  et seq. to provide for the filing and processing, and the fair and expeditious
				  settlement, of claims pursuant to Part XV of Chapter 1 of Title 56 of the
				  Louisiana Revised Statutes of 1950. These rules are designed to insure that the
				  claims procedure is as simple as possible, and these rules shall be interpreted
				  in that spirit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 37 - General › Section I-3703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in LAC
				  43:I.Subpart 3, unless the context requires otherwise, the terms set forth
				  below shall have the following meanings.
Biological Survey
-a survey made to
					 determine the biological test data, which is reported on a form prescribed by
					 the board.
Biological Test Data
-surveys of oyster
					 beds and grounds by a certified biologist to determine the quality, condition
					 and value of oyster beds and grounds.
Board
-the Oyster Lease Damage Evaluation
					 Board.
Certified Biologist
-a biologist certified
					 by the board as qualified to make biological surveys.
Department
-the Department of Natural
					 Resources.
Final Biological Survey
-the biological
					 survey made and filed by the owner or leaseholder, as applicable, pursuant to
					 §3903 C
Initial Biological Survey
-the biological
					 survey made and filed by the owner or leaseholder, as applicable, pursuant to
					 §3903 A
Intervenor
-a party having an interest in
					 the proceedings who is granted permission by the board to take part in the
					 proceedings to the extent reasonable and necessary to assert or protect such
					 party's interests.
Leaseholder
-an owner of an oyster lease
					 granted by the Department of Wildlife and Fisheries.
Mineral Activity
-exploration (including
					 all seismic operations) production, transportation (of equipment or product)
					 and any other activity associated with the production of oil and gas. Also
					 referred to as
Oil and Gas Activity
.
Owner
-an owner or operator of a mineral
					 activity.
Part XV
-Part XV of Chapter 1 of Title 56
					 of the Louisiana Revised Statutes of 1950.
Party
-leaseholder, owner or
					 intervenor.
Secretary
-the Secretary of the Department
					 of Natural Resources, or his designee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3901 - Request for Arbitration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Either
				  an owner or a leaseholder who has been requested by an owner to enter into a
				  settlement for damage to the leasehold which may occur due to the owner's
				  proposed oil and gas activity that is expected to intrude upon the leasehold
				  may file with the board a preliminary request for arbitration of the
				  leaseholder's claim for damage in accordance with Part XV and LAC 43:I.Subpart
				  3.
B. The preliminary request shall
				  contain the information required by a form prescribed by the board. A copy of
				  the preliminary request and any annexed documents shall be served on the other
				  party by the filing party.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3903 - Biological Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The initial
				  biological survey shall be based on onsite inspection and evaluation and shall
				  be made to determine the quality and value of the beds and grounds expected to
				  be affected by the proposed oil and gas activity.
B. If a preliminary request for arbitration
				  is filed but the owner does not file the initial biological survey report
				  within 60 days of service of the preliminary request for arbitration, the
				  leaseholder may apply to the board for an order to have the initial biological
				  survey made and filed by the owner.
C. Upon completion of the oil and gas
				  activity proposed by the owner, the owner shall have a final biological survey
				  made at the owner's expense and filed with the board together with a request
				  for arbitration within 60 days of completion of the oil and gas activity, to
				  furnish a basis for determination of the actual damage to the leasehold
				  sustained as a result of the oil and gas activity.
D. If the leaseholder believes that the oil
				  and gas activity proposed by the owner has been completed, and that the final
				  biological survey has not been timely made and filed by the owner, the
				  leaseholder may call for a hearing to determine whether the owner has complied
				  with §3903. C hereof. If upon hearing the board finds that the owner has
				  not so complied, the board shall permit the leaseholder to have a final
				  biological survey made and filed together with a request for arbitration, and
				  the reasonable cost of this survey shall be assessed against the owner as part
				  of the actual damage sustained by the leasehold.
E. The board shall engage experts to assist
				  the board in establishing a uniform evaluation method to be followed by
				  certified biologists in determining the quality, condition and value of the
				  oyster beds and grounds before the oil and gas activity takes place and in
				  determining the estimated damage or loss to the leasehold after the activity is
				  completed.
F. The uniform
				  evaluation method adopted by the board shall be made available to all parties
				  and all certified biologists for use in proceedings before the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3905 - Certification and Selection of Biologists

Current through Register Vol. 50, No. 6, June 20, 2024
A. Biologists having a minimum educational
				  attainment of a degree in a biological science, or having been accepted by a
				  federal or state court in Louisiana as an expert witness in the field of oyster
				  biology or oyster ecology may apply to the board for certification. The
				  application for certification shall be accompanied by a rÉsumÉ of
				  educational attainments and work experience, certified copies of transcripts,
				  and any other information considered useful to the board in assessing the
				  qualifications of the applicant as to competency in making biological surveys
				  required by Part XV and LAC 43:I.Subpart 3. The board shall consider the
				  application for certification and information submitted in support thereof and
				  may in the exercise of the board's discretion certify the applicant as a
				  biologist qualified to make biological surveys required by LAC 43:I.Subpart
				  3.
B. The board shall annually
				  review and maintain a list of certified biologists from which a selection must
				  be made of a biologist to make any biological survey provided for by Part XV or
				  LAC 43:I.Subpart 3.
C. The board
				  may decertify the certified biologist, after a hearing, upon a finding of
				  unsatisfactory performance.
D. When
				  an owner is required to have a biological survey made under Part XV, he must
				  choose one of a group of three certified biologists submitted by the board to
				  the owner.
E. The selection of the
				  group of three certified biologists to be submitted to the owner as provided
				  above shall be made by the board from the list of all certified biologists, in
				  the following manner.
1. The initial order of
				  listing of the certified biologists shall be determined by drawing lots under
				  the supervision of the board.
2.
				  The initial group of three certified biologists shall be comprised of the top
				  three individuals on the list.
3.
				  The next group of three certified biologists shall be formed by striking the
				  individual of the initial group chosen by the owner and adding the next
				  individual listed below the initial group.
4. Succeeding groups shall be formed by
				  proceeding down the list in like manner until there are less than three
				  individuals left on the list, at which point a new list of all of the certified
				  biologists shall be made and the order of listing redetermined by again drawing
				  lots.
5. Selection of subsequent
				  groups shall be made in the same manner as provided above for the initial
				  list.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3907 - Estimated Damage Deposit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  filing of the initial biological survey, the board shall determine the amount
				  of the damage estimated to be sustained by the leasehold as a result of the
				  proposed oil and gas activity, and shall notify the parties of the board's
				  determination.
B. Upon a showing of
				  urgent circumstances, the board will expedite to the extent practicable its
				  determination of estimated damage.
C. Upon payment of a deposit with the board
				  of the amount of the damage estimate made by the board, the owner may proceed
				  with the proposed oil and gas activity. The deposit shall be invested with the
				  state treasury as security for payment of any damage award and for payment of
				  interest earned on the amount of the award.
D. If the deposit is not made within 30 days
				  after notice of the board's estimated damage determination, the board may, in
				  its discretion, dismiss the proceeding and order the owner to reimburse the
				  leaseholder the amount of any filing fee paid by him.
E. The owner may, at any time prior to
				  payment of the deposit, withdraw the owner's original request to the
				  leaseholder to enter into a settlement, and proceedings hereunder shall
				  thereupon terminate. Withdrawal shall be effective upon notice to the board and
				  the leaseholder, and upon reimbursement by the owner to the leaseholder of any
				  filing fee paid by him.
F. If,
				  after the deposit is made, the owner does not commence the proposed activity
				  within a reasonable time, the board may, upon hearing, award the leaseholder
				  any filing fee paid by him and the reasonable cost of any survey that may have
				  been separately undertaken by him, pay such award out of the deposit, and
				  return the balance of the deposit to the owner, with interest earned on such
				  balance, and dismiss the proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3909 - Hearings and Determination of Actual Damage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon filing of the final biological survey
				  together with a request for arbitration, the board shall call for a hearing to
				  determine the actual damage sustained by the leasehold as a result of the oil
				  and gas activity. The amount of actual damage determined by the board after
				  hearing and review by the secretary shall be due by the owner to the board for
				  the benefit of the leaseholder. If the damage award does not exceed the amount
				  of the deposit made by the owner in accordance with §3907. B and D hereof,
				  the board shall pay the amount of the award out of the deposit, together with
				  interest earned thereon, to the leaseholder, and the balance, if any, shall be
				  paid to the owner, together with interest earned on such balance. If the award
				  exceeds the amount of the deposit the board shall pay the entire amount of the
				  deposit, together with the interest earned thereon, to the leaseholder and
				  shall order the owner to pay the leaseholder the amount of the difference
				  between the award and the deposit together with legal interest thereon from the
				  date of the initial deposit.
B. The
				  determination of damage by the board and review by the secretary shall be based
				  on the values shown in the biological surveys and shall reflect true and actual
				  damage.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3911 - Conduct of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  shall give reasonable notice of all hearings to all parties.
B. The notice shall include:
1. a statement of the time, place, and nature
				  of the hearing;
2. a statement of
				  the legal authority and jurisdiction under which the hearing is to be
				  held;
3. a reference to the
				  particular sections of the statutes and rules involved;
4. a short and plain statement of the matters
				  asserted. If the board is unable to state the matters in detail at the time the
				  notice is served, the initial notice may be limited to a statement of the
				  issues involved. Thereafter, upon application, a more definite and detailed
				  statement shall be furnished.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3913 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties may
				  obtain discovery by written interrogatories, production of documents and
				  things, requests for admission, and permission to enter upon land or other
				  property for inspection and other purposes, limited in scope to the following
				  matters:
1. the oil and gas activity
				  conducted or to be conducted by the owner;
2. the quality and value of the oyster beds
				  and grounds expected to be affected by the proposed oil and gas activity;
				  and
3. the actual damage sustained
				  as a result of the oil and gas activities.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3915 - Duration of Oil and Gas Activity by the Owner

Current through Register Vol. 50, No. 6, June 20, 2024
A. A proposed oil and gas activity shall be
				  deemed completed when the last damaging event occurs during the course of the
				  activity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3917 - Limitations for Filing of Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  leaseholder must file his preliminary request for arbitration within two months
				  of the date of receipt from the owner of the owner's request to the leaseholder
				  to enter into a settlement for the damage which may be sustained due to the
				  owner's proposed oil and gas activity expected to intrude upon the
				  leasehold.
B. The owner may file a
				  preliminary request for arbitration at any time after the owner determines in
				  good faith that a settlement between the owner and the leaseholder cannot be
				  reached. However, if the owner, by implementing the proposed oil and gas
				  activity, intrudes on the leasehold prior to payment of the required deposit in
				  accordance with Part XV, initiation of proceedings under Part XV shall
				  thereupon become barred, and if proceedings are pending, shall thereupon be
				  dismissed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3919 - Notices, Filings, and Service of Copies

Current through Register Vol. 50, No. 6, June 20, 2024
A. All notices, filings and service of copies
				  provided for herein shall be in writing and shall be effective upon physical
				  delivery to the proper recipient or upon placing same in the U.S. mail,
				  certified, with receipt requested, addressed to the proper recipient. Notices,
				  filings and service of copies may also be transmitted by facsimile equipment
				  and shall be effective upon transmittal, if followed by delivery or mailing of
				  the original document within a reasonable time.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3921 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The filing fee
				  of $500 shall be paid to the board upon filing the preliminary request for
				  arbitration.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 3 - Oyster Lease Damage Evaluation Board Proceedings › Chapter 39 - Damage Evaluation Process › Section I-3923 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
				  who is aggrieved by the final decision or order in these proceedings is
				  entitled to judicial review thereof.
B. Proceedings for judicial review of the
				  final decision or order shall be instituted by filing a suit for judicial
				  review in the district court of the parish in which the oyster lease is
				  situated within 30 days of service of the notice of the final decision or
				  order. Copies of the petition for judicial review shall be served upon the
				  board and all parties to these proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 56:700.10
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4101 - Purpose and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  sets forth the standards and procedures for certification of state or national
				  land conservation organizations by the secretary for purposes of
				  R.S.
				  31:149 and
				  R.S.
				  41:1702.
B. The purposes of this Chapter are to
				  establish objective standards and procedures for determining that an applicant
				  for certification actively and effectively works to conserve land by
				  undertaking or assisting in land or easement acquisitions or by engaging in the
				  stewardship of land or easements; for recertification and revocation of
				  certification; and for related matters.
C. These regulations are adopted pursuant to
				  R.S.
				  31:149 and
				  R.S.
				  41:1702.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  definitions shall apply for purposes of this Chapter, unless specifically
				  defined otherwise.
Applicant
-a nonprofit entity, recognized
					 under  26 U.S.C. §
												501 (c)(3) and 170  as being organized and operated as a
					 public charitable organization, that seeks certification by the department as a
					 state or national land conservation organization for purposes of
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Application
-written request to the
					 secretary for certification of an applicant.
Certification
-certification of an
					 applicant by the secretary as a state or national land conservation
					 organization for purposes of
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Certified Land Conservation
					 Organization
-an entity certified by the department as a state or
					 national land conservation organization for purposes of
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Contact
-a natural person designated by the
					 department, applicant, or certified land conservation organization to act as
					 its sole point of contact with respect to the application, certification, and
					 recertification.
Department
-the Department of Natural
					 Resources, its secretary, or his designee.
Insider
-any member of the applicant's or
					 certified land conservation organization's board or staff; any substantial
					 contributor to the applicant or certified land conservation organization (as
					 defined at  26 U.S.C. §
												507 (d)(2)); any party related to the above (spouse,
					 sibling or spouse thereof; ancestor, child, or spouse thereof; grandchild or
					 spouse thereof; or great-grandchild or spouse thereof); any 35 percent
					 controlled entity with respect to the applicant or certified land conservation
					 organization; any person in a position to exercise substantial influence over
					 the affairs of the applicant or certified land conservation organization; and
					 any person with access to information regarding the applicant or certified land
					 conservation organization not available to the general public, such as a
					 volunteer.
Reviewer
-the person, section, division, or
					 group within the department designated by the secretary to receive, review, and
					 make recommendations to the secretary regarding applications for certification
					 or recertification.
Secretary
-the secretary of the Department
					 of Natural Resources or his designee, unless otherwise specifically stated in
					 this Chapter.
Section
-Section of this Chapter, unless
					 otherwise specifically stated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.