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-1141 - Transfer of Interest in or Assignment of an Alternative Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
					 execution and recordation of a transfer of interest in or assignment of an
					 AESL, a prospective transferee or assignee of an AESL shall schedule a
					 pre-transfer meeting with and submit a transfer package to the board, through
					 OMR, no later than the board's regular meeting for the month prior to the
					 board's regular meeting at which the item is to appear on the board's docket
					 for approval.
B. No transfer or
					 assignment in relation to any AESL shall be valid unless approved by the board
					 prior to the transfer or assignment. Failure to obtain board approval of any
					 transfer or assignment of an AESL prior to transfer or assignment shall subject
					 the transferor or assignor and the transferee or assignee, jointly, severally
					 and in solido, to liquidated damages of $100 per day, beginning on the first
					 day following the execution of the transfer or assignment.
C. Transfers or assignments shall not be
					 granted to prospective leaseholders that are not currently registered with OMR
					 as set forth under
					 §1130 of this
					 Chapter.
D. The transfer package
					 shall contain the following items:
1. an
					 official letter from FERC approving the transfer of the federal energy license,
					 if required;
2. two original,
					 unexecuted, unrecorded transfer or assignment instruments designating the
					 operator and the principal alternative energy source lessee authorized to act
					 on behalf of all co-lessees with proof of designation attached.;
3. a Designation of Principal State
					 Alternative Energy Source Lessee and Operator Form completed by each
					 prospective leaseholder;
4. a
					 separate Statement of Conveyance of Alternative Energy Source Lease Form
					 completed for each AESL impacted by the transfer. Each form shall reflect only
					 the gross working interest in the lease existing before and after the
					 conveyance (no net revenue interests shall be considered or
					 reported);
5. a proposed plan of
					 operations that includes all items set forth in §1135. C.3.a -l. of this
					 Chapter;
6. any environmental
					 impact documentation supplementing and updating §1132. A.5 of this
					 Chapter;
7. a list of project
					 participants who are or will be participating in the planning, development,
					 construction, operation, maintenance, remediation, and/or decommission phases
					 of the proposed AESP, and a brief description of each project participant's
					 role;
8. a summary of project
					 financing which shall include, at a minimum, identification of the sources of
					 financing and a discussion of the financing;
9. a list of governmental entities, including
					 each federal, state, parish and local governmental entity that has jurisdiction
					 in the leased 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;
10. if AESL operations have
					 commenced, proof of general liability insurance held by the transferee/assignee
					 in a form acceptable to the board as set forth in
					 §1154 of this
					 Chapter and proof of financial assurance from the transferee/assignee in a form
					 acceptable to the board as set forth in
					 §1153 of this
					 Chapter;
11. a docket fee in the
					 amount of $100 made payable to the "Office of Mineral Resources" to cover the
					 cost of preparing and docketing transfers or assignments of an AESL. A personal
					 or business check shall be acceptable;
12. any other information and documentation
					 required.