Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1132 - Nomination of State Lands and Water Bottoms for an Alternative Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interested,
					 registered parties shall nominate state lands and water bottoms for an AESL by
					 submitting a proposal (hereinafter referred to as a "nomination") by
					 application to the board, through OMR, in the appropriate form required. Each
					 nomination shall include the following:
1. an
					 official letter of application;
2.
					 any title documentation obtained by the nominating party pursuant to
					 §1131 A;
3. a written
					 property description of the nominated acreage including the following:
a. the gross acreage amount of state lands or
					 water bottoms, inclusive of any DWF property that may be contained within the
					 nomination area;
b. the net acreage
					 amount of state lands or water bottoms, exclusive of any DWF property that may
					 be contained within the nomination area;
c. the net acreage amount of any DWF property
					 that may be contained within the nomination area;
d. provide the following property description
					 for state lands and water bottoms:
i. use
					 bearing, distance and X-Y coordinates based on the Louisiana Coordinate System
					 of 1927, North or South Zone (as applicable), to accurately and clearly
					 describe the nominated acreage. Determine whether the acreage to be nominated
					 falls in the North Zone or the South Zone of the Louisiana Coordinate System of
					 1927 and provide this information in the nomination package. A single
					 nomination may contain acreage that falls partially in the North Zone and
					 partially in the South Zone. However, the nominated acreage shall be allocated
					 to the zone wherein the majority of the acreage falls and use that zone's
					 coordinates (see
					 R.S.
					 50:1);
4. a plat of the nominated acreage using the
					 most recent background imagery and using X-Y coordinates based on the Louisiana
					 Coordinate System of 1927, North or South Zone (as applicable). Each plat shall
					 include:
a. an outline of the nominated
					 acreage with a designated point of beginning and corners using X-Y coordinates
					 that exactly match the X-Y coordinates for the point of beginning and corners
					 provided in the written property description, clearly labeled
					 therein;
b. an outline of the state
					 lands and/or water bottoms included within the nomination area, clearly labeled
					 along with the amount of acreage contained therein;
c. an outline of any DWF property, school
					 indemnity lands, tax adjudicated lands, vacant state lands, White Lake, or
					 legal areas, included within the nomination area, clearly labeled along with
					 the acreage amount contained in each;
d. an outline of each active or non-released
					 land use agreement granted by the state, including, but not limited to, an
					 AESL, state mineral lease, state operating agreement, state exclusive
					 geophysical agreement, state non-exclusive seismic permit, state right-of-way,
					 and/or state surface/subsurface agreement, as well as any nomination tract
					 approved for advertisement or advertised as offered for a state mineral lease,
					 state operating agreement, or state exclusive geophysical agreement abutting,
					 adjacent to, intersecting, and partially/wholly enclosed in the nomination
					 area, clearly labeled with its official number along with the acreage amount
					 contained therein.
e. all water
					 bodies, clearly labeled;
f. all
					 section, township and range information;
g. An outline of all Port Authority property
					 in the nomination area with jurisdictional boundaries clearly
					 delineated.
5. A summary
					 of all environmental issues, including the potential environmental impacts
					 resulting from the construction, operation, and placement of the alternative
					 energy source and other facilities and equipment necessary for the exploration,
					 development and production of an alternative energy source, and the steps
					 proposed to minimize and mitigate the environmental impact, along with any
					 supporting environmental impact documentation.
6. A list of governmental entities, including
					 each federal, state, parish or local governmental entity, having jurisdiction
					 in the nomination area, and for each, the contact person's name, title, office
					 address, telephone and fax numbers, and email address, as well as the type of
					 legal authority, if any, acquired or to be acquired from the governmental
					 entity. Included in this list shall be all port authority districts in the
					 nomination area with complete contact information.
7. A copy of the preliminary permit, license,
					 exemption, or other authorization issued by FERC pursuant to its authority
					 under the Federal Power Act,
					 16
					 U.S.C. 791 a, et seq
.,
if
					 required.
8. A summary of the
					 overall specified AESP, including status of site control (progress with leasing
					 and/or permitting other properties within the entire AESP boundaries) and
					 application process with the transmission provider, as well as a time frame for
					 the project to become operational.
9. A summary of the alternative energy source
					 development proposed on the state lands or water bottoms sought to be leased,
					 including a plat, the layout of the specified alternative energy source power
					 and transmission facilities, proposed alternative energy source equipment
					 information (size, location, number, type and depth of installation, turbine
					 make, and nameplate power production capacity), placement information of
					 equipment, whether the alternative energy source will be affixed to existing
					 platforms or state owned structures or, if there will be a necessity to
					 construct new platforms, selection criteria used, and supporting
					 infrastructure.
10. The status and
					 timeline of the major milestones in the AESP development, production, and
					 decommissioning.
11. The measures
					 proposed to reduce risk to the state, including, but not limited to, a summary
					 of compliance with any and all standards established by state, national and
					 international agencies, institutes, commissions or associations and any other
					 entity responsible for establishing the alternative energy source industry
					 standards. Standards for the alternative energy source development/operations
					 include, but are not limited to, turbine safety and design, power performance,
					 noise/acoustic measurement, mechanical load measurements, blade structural
					 testing, power quality, and siting.
12. A summary of how the use of the state
					 lands or water bottoms for the development and production of the alternative
					 energy source will be coordinated with other users of the state lands or water
					 bottoms, including the operation of ports, harbors, or terminal districts,
					 shipping and recreational interests, dredging operations, and navigation
					 safety.
13. A summary of
					 contingency plans and emergency shut-down procedures to be followed, including
					 the circumstances to initiate such procedures, in the event of danger or damage
					 to life, water craft or facilities as a result of collision, dredging,
					 anchorage, search and rescue operations, or unforeseen events.
14. A summary of the procedure for
					 installation, recovery and repair of damaged turbines and equipment with
					 minimal impact to navigation, shipping and recreational interests.
15. A summary of all study results, including
					 copies of the complete final study reports, and all study data acquired by the
					 applicant in a format agreeable to OMR, for all studies conducted by the
					 applicant, for the area described in the lease application.
16. Any other information and documentation
					 required by the board through OMR.