Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2323 - Valid Existing Rights Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  OSM is responsible for determining valid existing rights for federal lands
				  listed at §1105 The office is responsible for determining valid existing
				  rights for all non-Federal lands listed at §1105 The provisions of this
				  Section apply when the office is responsible for determining valid existing
				  rights.
B. A request for a valid
				  existing rights determination must be submitted if surface coal mining
				  operations will be conducted on the basis of valid existing rights under
				  §1105 This request may be submitted before submitting an application for
				  a permit or boundary revision.
1.
				  Requirements for property rights demonstration. If the request relies upon the
				  good faith/all permits standard or the needed for and adjacent standard in
				  §105
Valid Existing Rights
.b, the applicant must provide
				  a property rights demonstration under §105
Valid Existing
				  Rights
.a. This demonstration must include the following items:
a. a legal description of the land to which
				  the request pertains;
b. complete
				  documentation of the character and extent of the applicant's current interests
				  in the surface and mineral estates of the land to which your request
				  pertains;
c. a complete chain of
				  title for the surface and mineral estates of the land to which the request
				  pertains;
d. a description of the
				  nature and effect of each title instrument that forms the basis for the
				  request, including any provision pertaining to the type or method of mining or
				  mining-related surface disturbances and facilities;
e. a description of the type and extent of
				  surface coal mining operations that the applicant claims the right to conduct,
				  including the method of mining, any mining-related surface activities and
				  facilities, and an explanation of how those operations would be consistent with
				  Louisiana property law;
f. complete
				  documentation of the nature and ownership, as of the date that the land came
				  under the protection §1105, of all property rights for the surface and
				  mineral estates of the land to which the request pertains;
g. names and addresses of the current owners
				  of the surface and mineral estates of the land to which the request
				  pertains;
h. if the coal interests
				  have been severed from other property interests, documentation that the
				  applicant has notified and provided reasonable opportunity for the owners of
				  other property interests in the land to which the request pertains to comment
				  on the validity of the applicant's property rights claims;
i. any comments that the applicant received
				  in response to the notification provided under §2323. B.1 h