reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter F - Special Areas › Section I-729 - Special Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. This
					 Section shall establish procedures for the designation, utilization and
					 management of special areas and for establishing guidelines and priorities of
					 uses for each area.
B. Nominations
1. An area may be nominated for designation
					 as a special area by any person, local government, state agency, or the
					 secretary.
2. Areas may be
					 nominated for any of the purposes set forth in §214.27 of the Act, or for
					 similar purposes, provided that such areas:
a. are in the coastal zone;
b. have unique and valuable
					 characteristics;
c. require special
					 management procedures different from the normal coastal management process;
					 and
d. are to be managed for a
					 purpose of regional, state, or national importance.
3. Nominations shall consist of:
a. a statement regarding the area nominated,
					 including, for example, its unique and valuable characteristics, its existing
					 uses, the environmental setting, its history, and the surrounding
					 area;
b. a statement of the reasons
					 for the nomination, such as any problems needing correction, anticipated
					 results, need for special management, and need for protection or
					 development;
c. a statement of the
					 social, economic, and environmental impacts of the nomination;
d. a map showing the area
					 nominated;
e. a statement as to why
					 the area nominated was delineated as proposed and not greater or lesser in size
					 or not in another location;
f.
					 proposed guidelines and procedures for management of the area, including
					 priorities of uses;
g. an
					 explanation of how and why the proposed management program would achieve the
					 desired results;
h. a statement as
					 to how and why the designation of the area would be consistent with the state
					 coastal management program and any affected local programs; and
i. a statement as to why and how the
					 designation would be in the best interest of the state.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter A - Coastal Restoration Project Construction Ranking › Section I-801 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
					 prescribes coastal restoration project construction ranking and cost-sharing
					 standards and criteria based upon anticipated habitat benefits per Trust Fund
					 (Wetlands Conservation and Restoration Trust Fund, as defined in
					 R.S.
					 49:213.7) Dollar expended over the project
					 life.
B. This Chapter shall apply
					 only to those coastal restoration projects which are not joint ventures by the
					 state and federal government and which are included in the coastal vegetated
					 wetlands conservation and restoration plan, and any amendments thereto, adopted
					 and implemented in accordance with
					 R.S. 49:213.1
					 et seq. and 49:214.1 et seq., respectively.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter A - Coastal Restoration Project Construction Ranking › Section I-803 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Cost-Effectiveness Ranking
- the ranking
						established by dividing the cumulative habitat units of benefits by the
						aggregate trust fund dollar anticipated to be expended over the life of the
						proposed coastal restoration project. The cost-effectiveness ranking quotient
						shall be an indexing number used for assigning coastal restoration project
						construction priority.
Cost-Sharing
- a contribution, either
						monetary, in-kind, and/or both, by a local sponsor for a coastal restoration
						project from any non-trust-fund source for any or all of the following: design,
						construction, operation, maintenance, and monitoring, excluding feasibility,
						over the anticipated life of a particular project.
Cumulative Habitat Units of Benefit
- the
						total habitat units "with project" minus the total habitat units "without
						project."
Habitat Units
- the sum of the value(s)
						derived by multiplying the suitability index (Sl) value by the acreage for each
						coastal wetland type of the area of impact ascribable to the proposed project,
						as defined in Wetland Value Assessment Methodology employed for coastal
						restoration project evaluation and established in accordance with the Coastal
						Wetlands Planning, Protection, and Restoration Act of 1990, Public Law Number
						101-646,104 Stat. 4779-4783, (1990).
Suitability Index
- a unitless number
						ranging from 0 to 1 wherein 0 represents a low value for fish and wildlife
						habitat and 1 represents a high value for fish and wildlife habitat. The
						suitability index for an area shall be determined by using the Wetland Value
						Assessment Methodology employed for coastal restoration project evaluation and
						established in accordance with the Coastal Wetlands Planning, Protection, and
						Restoration Act of 1990, Public Law Number 101-646,104 Stat. 4779-4783,
						(1990).
Total Habitat Units with Project
- the
						sum of the projected habitat units calculated over a time period equal to the
						life expectancy of the proposed project were it implemented.
Total Habitat Units without Project
- the
						sum of the projected habitat units calculated over a time period equal to the
						life expectancy of the proposed project, were it not implemented.
Trust Fund Dollars
- present value in
						1990 allures from the Wetlands Conservation and Restoration Trust Fund, as
						defined in
						R.S.
						49:213.7, of design and construction costs
						(excluding feasibility costs), plus operation, maintenance, and monitoring
						costs, minus cost sharing.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter A - Coastal Restoration Project Construction Ranking › Section I-805 - Ranking

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coastal
					 restoration projects shall be constructed according to their cost-effectiveness
					 ranking. In comparing projects, those projects with higher cost-effectiveness
					 ranking indices shall have a correspondingly higher construction priority. In
					 the event that two or more projects have identical cost-effectiveness rankings,
					 projects benefiting the greatest number of coastal wetland acreage shall have a
					 correspondingly higher construction priority. Coastal wetland acres shall
					 include only those coastal wetland types as defined in Wetland Value Assessment
					 Methodology employed for coastal restoration project evaluation and established
					 in accordance with the Coastal Wetlands Planning, Protection, and Restoration
					 Act of 1990, Public Law Number 101-646, 104 Stat. 4779-4783. (1990). Upon the
					 initiation of the development of plans and specifications for the construction
					 of a project, a project shall be removed from the construction ranking
					 list.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter A - Coastal Restoration Project Construction Ranking › Section I-807 - Cost-Sharing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Feasibility. The
					 state shall bear 100 percent of the feasibility costs of all coastal
					 restoration projects.
B. Design and
					 Construction. In all cases in which the local sponsor is able to identify and
					 secure any appropriate non-trust-fund source(s) to fund the design and/or
					 construction of a coastal restoration project, the local sponsor share of the
					 design and/or construction costs may consist of any form and/or amount of
					 cost-sharing. The state share of the design and/or construction costs shall
					 consist of any form and/or amount of cost-sharing sufficient to meet the
					 remaining design and/or construction costs of the project for which the local
					 sponsor is unable to cost-share.
C.
					 Operation, Maintenance, and Monitoring
1. In
					 all cases in which the local sponsor is able to identify and secure any
					 appropriate non-trust-fund source(s) to fund the operation, maintenance, and/or
					 monitoring costs of a coastal restoration project, the state share of said
					 costs shall consist of any form of cost-sharing not to exceed 75 percent of the
					 said costs of the project for which the local sponsor is unable to cost-share
					 and the local sponsor share of said costs shall consist of any form of
					 cost-sharing not less than 25 percent of said costs from a non-trust-fund
					 source.
2. In all cases in which
					 the local sponsor is unable to identify and secure any appropriate
					 non-trust-fund source(s) to cost-share the operation, maintenance, and/or
					 monitoring costs of a coastal restoration project, the state shall bear 100
					 percent of these costs for which the local sponsor is unable
					 cost-share.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-851 - Purpose and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
					 Subchapter sets forth the rules for the acquisition of and compensation for
					 oyster leases by the department when necessary for purposes of coastal
					 protection, conservation, or restoration. The department may acquire oyster
					 leases, in whole or in part, for such purposes on behalf of the state to the
					 extent that the leases are or may be directly affected by the dredging, direct
					 placement of dredged or other materials, or other work or activities necessary
					 for the construction or maintenance of a coastal protection, conservation, or
					 restoration project.
B. These
					 regulations are adopted pursuant to Subpart D of Part VII of Chapter I of Title
					 56 of the Louisiana Revised Statutes of 1950, including the Oyster Lease
					 Acquisition and Compensation Program under
					 R.S.
					 56:432.1 and the general authority of the
					 department under Part II of Chapter 2 of Title 49 of the Louisiana Revised
					 Statutes of 1950.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:213.1, et seq., R.S.
						56:421, et seq., and
						R.S.
						56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-853 - Construction and Usage

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 shall be observed regarding the construction and usage of these regulations.
1. Unless otherwise specifically stated, the
					 singular form of any noun includes the plural and the masculine form of any
					 noun includes the feminine.
2.
					 Unless otherwise specifically stated, all references to
Section
are to Sections of this Subchapter.
3. Any reference to
days
in
					 this Subchapter shall refer to calendar days.
4. The day of the event from which a
					 designated time period begins to run shall not be included in the computation
					 of a period of time allowed or prescribed in these regulations. The last day of
					 the period is to be included in the computation of a period of time allowed or
					 prescribed in these regulations, unless it is a legal holiday, in which case
					 the period runs until the end of the next day that is not a legal holiday.
					 Nonetheless, the effective date of acquisition shall be on the date set by the
					 department pursuant to these regulations and
					 R.S.
					 56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-859 - Appraisal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary
					 shall determine or delineate the direct impact area of a project, and in making
					 such decision, may consult with any public or private entity responsible for
					 the project.
B. Should the
					 secretary determine that an existing oyster lease identified in records
					 provided and maintained by DWF is, in whole or in part, located within the
					 direct impact area of a project, the secretary shall obtain an appraisal of the
					 affected lease or affected acreage.
C. When the secretary elects to obtain an
					 appraisal of an affected lease or affected acreage, he shall select the
					 appraiser considering all relevant criteria, including but not limited to the
					 following:
1. prior performance; education;
					 experience in valuation of oyster leases; experience in valuation of unique
					 properties and unusual estates; experience in valuation of various land
					 classes; demonstrated expert knowledge in the field of real property appraisal;
					 and, the ability to perform concurrent tasks orders while maintaining high
					 quality work;
2. the appraiser so
					 selected shall be contracted with by the department pursuant to
					 R.S.
					 39:1481 et seq., or other applicable public
					 contract law, and shall have a current certification as a Louisiana certified
					 general real estate appraiser; professional designation in the field of
					 appraisal; and, five or more years professional experience conducting real
					 property appraisals.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-861 - Determination of Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 secretary shall determine the compensation for any affected acreage to be
					 acquired as follows.
1. If the department
					 provides a time period of one year or more between issuance of a notice of
					 acquisition pursuant to
					 §863 and the
					 effective date of acquisition, then compensation for the affected acreage to be
					 acquired shall be equal to the fair market value of the affected acreage to be
					 acquired as determined by the secretary in accordance with §859
2. If the department provides a
					 time period of less than one year between issuance of a notice of acquisition
					 pursuant to
					 §863 and the
					 effective date of acquisition, the compensation for the affected acreage to be
					 acquired shall be equal to the fair market value of the affected acreage to be
					 acquired as determined by the secretary in accordance with
					 §859 plus the
					 value of such non-removable marketable oysters on the affected acreage, if any,
					 as determined by the department, based upon reasonably confirmable data. The
					 determination of value shall take into account the number of sacks of
					 marketable oysters per acre, suitable acreage, natural mortality, current
					 market price, and harvest cost.
3.
					 Data for estimation of the value of non-removable marketable oysters shall be
					 determined from the written assessment derived from the oyster resource survey
					 conducted in accordance with §857 The department may also take into
					 consideration any reasonably confirmable data or information supplied timely by
					 any person in accordance with §857
4. The appraiser and the department shall
					 consider any reasonably confirmable data or other information supplied to the
					 department by the leaseholder following the oyster resource survey conducted in
					 accordance with §857 The department or the appraiser may disregard any
					 information or data not submitted timely pursuant to §857
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-865 - Administrative Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 leaseholder of an oyster lease acquired, in whole or in part, in accordance
					 with these regulations and
					 R.S.
					 56:432.1 may seek an administrative hearing
					 through the department.
1. Any such
					 adjudication shall be limited to whether the acquisition due to the impact of
					 dredging, direct placement of dredged or other materials, or other work or
					 activities necessary for the construction or maintenance of a project for
					 coastal protection, conservation, or restoration is proper, or whether the
					 compensation issued by the department satisfies the rules and regulations under
					 this Subchapter.
2. Any leaseholder
					 whose lease is not acquired, but upon which dredging, direct placement of
					 dredged or other materials, or other work or activities necessary for the
					 construction or maintenance of a project for coastal protection, conservation,
					 or restoration has occurred, may also seek an administrative hearing through
					 the department under this section to determine if acquisition of such oyster
					 lease acreage would be proper.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-869 - Reimbursement of Costs of Acquisition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The department may acquire any acreage under this Subchapter in relation to a
					 project or action for coastal protection, conservation, or restoration
					 performed or to be performed by or for the United States, any department,
					 agency, board, commission, or political subdivision of the state, or any other
					 public or private entity responsible for a project.
B. If the department acquires acreage under
					 this Subchapter in relation to any project or action performed by any person or
					 entity other than the department, such entity shall compensate the department
					 for all costs incurred by the department, which are associated with the
					 acquisition.
C. The costs for which
					 reimbursement is due under this Subchapter includes but is not limited to costs
					 of oyster resource surveys, appraisal, administrative, or other uses of
					 department personnel or resources, payment for acquisition, and awards on
					 administrative adjudications or judicial review.
D. The secretary may choose, at his sole
					 discretion, to waive any part or all of the compensation that would otherwise
					 be required under this Section. No person or entity shall have any right to
					 such waiver, and the secretary shall have no obligation to make such a waiver.
					 Waiver of any part of the compensation that would otherwise be required shall
					 not affect any obligation to pay the remainder.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:213.1, et seq. and
						R.S.
						56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section I-903 - Assignments and Other Transfers of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any assignment or other transfer of an
					 interest in a state mineral lease must be approved by the State Mineral Board
					 and failure to so obtain approval shall render the assignment or transfer null
					 and void (R.S.
					 30:128).
B. Before any assignment or other transfer of
					 an interest in a state mineral lease is approved, any and all of the assignees
					 must be currently registered prospective leaseholders with the Office of
					 Mineral Resources.
C. Any
					 assignment must clearly show that a working interest in a state mineral lease
					 is being transferred (no net revenue interest, override royalty, well bore
					 interest, or other similar non-working interest transfer will be approved by
					 the State Mineral Board), contain a clear description of the working interest
					 (including legal description of lease portion if applicable) being transferred,
					 not show a greater interest being transferred than is owned by the assignor and
					 be accompanied by a Form B (see the DNR website for file) which shows the
					 decimal working interest of all parties before and after the transfer. The
					 assignment or other transfer must be signed by all assignors requisite to the
					 transfer of the interest being assigned, witnessed and duly notarized (by
					 witness attestation if necessary) in a form legally acceptable in the venue in
					 which the assignment or other transfer is completed.
D. Each assignment or other transfer (more
					 than one lease interest may be assigned or transferred in one assignment
					 document) shall be accompanied by a check for the non-refundable fee as set in
					 the fee schedule of the Office of Mineral Resources (LAC 43, Part V,
					 §301); presently set at $100.
E. The assignment or other transfer, once
					 approved by the State Mineral Board, shall be filed in the lease records of the
					 Office of Mineral Resources in the file record of the applicable
					 lease(s).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section I-904 - Laws and Instructions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 general statutory provisions applicable to mineral leases from the state of
					 Louisiana on state owned lands and waterbottoms are located in R.S. 30:121-221.
					 The general, applicable provisions of the Constitution of the State of
					 Louisiana of 1974, as amended, are Article IX, §1-5
B. Instructions regarding obtaining and
					 transferring interests in state mineral leases may be found in the leasing
					 manual located on the Department of Natural Resources (DNR) website at
					 http://dnr.louisiana.gov/min/petlan/leasing.asp.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section I-905 - Mineral Board Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mineral
					 Board Policy regarding matters of mineral leasing and transfers of mineral
					 lease interests may be obtained on request by telephoning the Office of Mineral
					 Resources at (225) 342-4606.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-913 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
The rules contained herein shall govern every application
						for approval by the State Mineral Board of a proposed transfer of any lease or
						sublease entered into by or under the authority of or subject to the
						jurisdiction of the State Mineral Board which includes the development and
						production of solid minerals, under the circumstances described in Act 296 of
						1979.
A. As used in these regulations,
					 the following terms have the meanings assigned below, unless the context
					 otherwise requires.
Applicant
-the person seeking approval by
						the board of a proposed transfer (as described in Act 296 of 1979) of a
						lease.
Board
-the State Mineral Board of the
						state of Louisiana.
Control
-the term control (including the
						terms controlling, controlled by and under common control with) means
						possession (direct or indirect) of the power to direct or cause the direction
						of the management and policies of a person, whether through the ownership of
						voting securities, by contract, or otherwise.
Director
- any director of a corporation
						or any person performing similar functions with respect to any organization
						whether incorporated or unincorporated.
Lease
- any lease or sublease entered
						into by or under the authority of or subject to the jurisdiction of the board
						which includes the development and production of solid minerals.
Lessee
- a person or entity which at the
						time of a proposed transfer (as described in Act 296 of 1979) has the right to
						develop and produce solid minerals under a lease.
Officer
- the chairman, the president,
						each vice- president in charge of a principal business function, the secretary,
						the treasurer, and the comptroller, and any other person performing similar
						functions with respect to any organizations whether incorporated or
						unincorporated.
Person
- a natural person, partnership,
						syndicate, corporation or any other group or entity.
Secretary
- the Secretary of the
						Department of Natural Resources.
B.
					 Other terms used in these regulations have the same meanings as are set forth
					 in Act 296 of 1979 unless the context otherwise requires.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-915 - Procedure for Preparing and Filing Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Date of Filing. At least 20 days
					 (Saturdays, Sundays, and holidays excluded) prior to the date on which the
					 transfer is to be effected, or in the case of a transfer by means of purchase
					 of 10 percent or more of equity securities of the lessee, 20 days prior to such
					 purchase, an application shall be filed with the secretary and delivered by
					 hand to the lessee.
B. Number of
					 Copies and Accompanying Material
1. Two
					 signed copies of the application (including exhibits and all other accompanying
					 papers and documents) shall be filed with the secretary at the Department of
					 Natural Resources, Baton Rouge, LA 70804. One signed copy of such application
					 shall be delivered to the lessee.
2. Each application shall be accompanied by a
					 signed consent of the applicant to the appointment of the secretary as his or
					 its agent for service of any and all pleadings, discovery requests, orders and
					 investigations relating to the application, and, if the applicant is a
					 corporation, by a consent signed by each director and each officer of the
					 applicant (and by each director and each officer of any corporation controlling
					 the applicant) and by any other person identified under §917. A.4.a ii
					 hereof, agreeing to make himself available for prehearing investigatory or
					 discovery proceedings either in the state of Louisiana or in the state in which
					 the lessee maintains its or his principal executive offices.
3. Each application shall be accompanied by a
					 certified or bank cashier's check in the amount of $100, payable to secretary,
					 Department of Natural Resources, as an examination fee and, except as provided
					 in §923, by a surety bond issued by a bonding company licensed to do
					 business in the state of Louisiana in the principal amount of $5,000 (or such
					 lesser amount as the secretary may permit upon request) conditioned to provide
					 for payment of the costs of any investigation or hearing with respect to the
					 application.
4. If the applicant is
					 a corporation, the application shall also be accompanied by a certified copy of
					 a resolution or resolutions of the board of directors of such applicant (and of
					 any corporation controlling such applicant) specifically authorizing the person
					 or persons signing the application and any consent on behalf of the applicant
					 to sign and file the same.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-919 - Exhibits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Additional
					 Exhibits. The applicant may file such exhibits as he/she may desire in addition
					 to those required under §917 Such exhibits shall be so marked as to
					 indicate clearly the subject matters to which they refer.
B. Omission of Substantially Identical
					 Documents. In any case where two or more contracts, or other documents required
					 to be filed as exhibits are substantially identical in all material respects
					 except as to the parties thereto, the dates of execution, or other details, the
					 applicant need file a copy of only one of such documents, with a schedule
					 identifying the other documents omitted and setting forth the material details
					 in which such documents differ from the document of which a copy is filed. The
					 secretary may at any time, in his discretion, require the filing of copies of
					 any documents so omitted.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-921 - Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Formal
					 Requirements for Amendments. One copy of each amendment to an application shall
					 be filed with the secretary, and delivered by hand to the lessee, promptly upon
					 the occurrence of the event necessitating such amendment.
B. Withdrawal of Application or Amendment.
					 Any application or any amendment or exhibit thereto may be withdrawn upon
					 written request to the secretary. The request shall be signed and shall state
					 the grounds upon which made. The request shall be deemed granted five days
					 after receipt by the secretary, unless he shall order conditions to the grant
					 thereof, in which event withdrawal will be effective upon written notice to him
					 of compliance therewith. If an application is withdrawn, the examination fee
					 paid upon the filing of the application will not be returned. The papers
					 comprising any withdrawn application or amendment or exhibit thereto shall not
					 be removed from the files of the secretary but shall be retained
					 therein.
C. Powers to Amend or
					 Withdraw Application. All persons signing an application shall be deemed, in
					 the absence of a statement to the contrary, to possess the following powers:
1. to amend the application; or
2. to request the withdrawal of an
					 application, an amendment or an exhibit.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-923 - Application for Determination without Investigation or Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
					 filed in compliance with these rules may be accompanied by a request that the
					 secretary transmit a recommended decision on the application to the board
					 without first conducting an investigation or holding a hearing. Any such
					 request shall be signed by or on behalf of the applicant and be accompanied by
					 affidavits from each of:
1. the applicant (or
					 an officer of the applicant); and
2. the lessee (or an officer of the lessee)
					 stating that in their opinion there are no substantial issues requiring an
					 investigation or hearing. In the event such request is denied, the applicant
					 shall promptly thereafter file the surety bond required by §915.
					 B 3
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-925 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
					 purpose of these regulations, and in the best interest of the state, to
					 establish a program to provide a mechanism for taking state royalty oil volumes
					 in kind and for the disposition by sales or processing contracts, in a fair and
					 equitable manner, of available supplies of such state royalty oil to eligible
					 refiners within the state, with the intent thereby to increase the supplies of
					 gasoline, diesel or other fuel products available to Louisiana
					 citizens.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:142.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-927 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Affiliates
-any business concerns
						affiliated with each other where either directly or indirectly one concern
						controls or has the power to control the other or a third party controls or has
						the power to control both.
Contract
-a contract for the disposition
						of state royalty oil.
Lessee
-the owner or owners of the
						working interest under a state lease.
Lessor
-the state of Louisiana acting
						through the State Mineral Board.
Louisiana Refiner
-an applicant who is
						certified by the mineral board.
Refiner
-a qualified applicant who
						contracts for state royalty oil pursuant to the policies and procedures
						established by the State Mineral Board and these regulations.
Royalty Oil
-the state's royalty portion
						of crude oil or condensate produced from or allocated to state leases.
Seller
-the State Mineral Board acting on
						behalf of the state of Louisiana in a contract to sell royalty
						oil.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-929 - Policies and Procedures of the State Mineral Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Royalty oil available through exercise of
					 the state's right to take in kind shall be disposed of pursuant to policies and
					 procedures approved by the State Mineral Board, which shall be consistent with
					 the intent and purpose of
					 R.S.
					 30:143 and these regulations.
B. Prior to the execution of any contracts by
					 the State Mineral Board, and pending a determination of available supplies, the
					 Office of Mineral Resources, under the direction of the Secretary of the
					 Department of Natural Resources, shall prepare for board consideration
					 recommendations for the disposition of available state royalty oil. Such
					 recommendations shall address the sale and accounting of royalty oil;
					 processing and accounting for royalty oil; and public bidding and accounting
					 for royalty oil.
C. The Office of
					 Mineral Resources shall prepare a projection of the costs of administering the
					 program as well as a recommendation to the board of the amount of
					 administrative fee, not to exceed $0.20 per barrel, necessary to cover such
					 costs, and if applicable, the minimum volume of royalty oil which must be
					 included in each type of transaction to be cost efficient.
D. In accomplishing the purposes of the
					 Section, the Office of Mineral Resources shall be authorized to consult with
					 such industry, government and professional persons as may be necessary. Within
					 the limitations of its budget, or utilizing funds made available for that
					 purpose, the office may contract for any professional services necessary,
					 subject to the approval of the Secretary of the Department of Natural
					 Resources.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-931 - Inventory; Delivery Points; Objections

Current through Register Vol. 50, No. 6, June 20, 2024
A. For each lease, division order or other
					 legal instrument pursuant to the terms of which the state has a royalty oil
					 interest susceptible of taking in kind, the Office of Mineral Resources shall
					 determine the volumes and prices applicable to such royalty.
B. The Office of Mineral Resources shall
					 notify each of the state's lessees of the state's interest in taking in kind
					 the volume of state royalty oil attributable to the production of each such
					 lessee, requesting the designation, within 30 days, of proposed delivery points
					 therefore, and notice of any perceived impediments, objections or hardships
					 with regard to such taking under a particular lease or other legal
					 instrument.
C. Impediments or
					 objections which cannot be resolved within 60 days of notice, by informal
					 conference with the State Mineral Board, shall be referred to the Secretary of
					 the Department of Natural Resources for his review and disposition by such
					 procedures as he may deem appropriate and in the best interest of the
					 state.
D. The lease volumes, prices
					 and proposed delivery points for all state royalty oil for which there is no
					 unresolved impediment or objection to taking in kind, shall be compiled by the
					 Office of Mineral Resources for submission to the State Mineral
					 Board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-933 - Louisiana Refiner Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be
					 eligible to purchase or process state royalty crude oil an applicant therefore
					 must be certified by the State Mineral Board as a Louisiana refiner.
B. To qualify as a Louisiana refiner, an
					 applicant to purchase or process state royalty crude shall meet all of the
					 following criteria.
1. Applicant shall be a
					 Louisiana business entity having its principal place of business in the state
					 of Louisiana. In applying this criterion, principal place of business shall
					 mean:
a. 51 percent of the applicant's and all
					 affiliates' total refining capacity is located in Louisiana; or
b. Louisiana is the applicant's state of
					 incorporation; or
c. applicant's
					 headquarters or corporate offices and at least 51 percent of its officers and
					 employees are located in Louisiana.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-935 - Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 refiner desiring to purchase or process state royalty oil shall file an
					 application with the Office of Mineral Resources with an original and 10 copies
					 containing the following information:
1. the
					 full name and address of the applicant;
2. a detailed statement showing the
					 applicant's qualifications to be certified a Louisiana refiner pursuant to
					 §933 of these
					 regulations, attested to by affidavit;
3. the capacity of the refinery to be
					 supplied;
4. a tabulation for each
					 of the last 12 months of operation, or since start-up date if less than 12
					 months, or projection for the next 12 months, of refining capability, of the
					 amount of the thru-put capacity, the source and grades of crude oil refined or
					 refinable, and the kind, amount and percentage of the principle fuel products
					 produced;
5. if applicable, the
					 amount and source of methanol and ethanol production available to applicant
					 including identification of the sources of agricultural products used to
					 produce such methanol and ethanol;
6. a plan of procedure setting forth in
					 detail the mechanisms proposed to be employed to dispose of refined products in
					 the state and to accommodate the state in the event that it exercises its
					 rights of first refusal, together with any approvals from the federal
					 government which may be necessary to carry out such disposition;
7. a complete disclosure of applicant's
					 affiliation, and the nature thereof, with any other producer and
					 refiner;
8. the minimum amount of
					 royalty oil requested and the state lease or leases applicant believes offer a
					 potential source of royalty oil, if known;
9. a list of all customers to whom products
					 were sold in the current and previous year and all customers required to be
					 supplied pursuant to federal law or regulations, including such customer's
					 address and type of products purchased;
10. a contingency plan for handling of the
					 state's royalty crude in the event that a force majeure event occurs disrupting
					 normal operations;
11. such other
					 information as the State Mineral Board may by appropriate notice require for
					 such applications.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-937 - Disposition; Approval; Priority

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Royalty crude shall normally be made available to qualified applicants based
					 upon each qualified applicant receiving an equal proportionate share of the
					 total royalty crude oil available. The State Mineral Board may establish
					 policies and procedures for alternate methods of disposition of royalty crude
					 not otherwise subject to public bid, and for public bidding for royalty crude
					 not subject to price controls when the board deems such alternate methods are
					 appropriate. In either case the board may establish such conditions as it deems
					 necessary, in addition to the conditions set forth in these regulations, to
					 protect the interests of the state and to provide, to the extent practicable,
					 for fair and equitable allocation.
B. Prior to implementing procedures for
					 public bidding, and prior to disposing of royalty crude by a contract, for the
					 sale or processing thereof, the board shall present such procedures, and each
					 such contract, to the House and Senate Committees on Natural Resources, meeting
					 jointly, for approval thereof.
C.
					 The board shall incorporate in its policies and procedures mechanisms which
					 give first priority to eligible refiners with capability to refine typical
					 south Louisiana, light sweet type crude and refiners with operable facilities
					 for the distillation of methanol or ethanol suitable for blending with gasoline
					 to produce a motor fuel. The board shall develop procedures for ranking
					 refiners with facilities for the distillation of methanol or ethanol according
					 to the percentage of Louisiana agricultural products used in such refiners'
					 distillation process, with those refiners deriving ethanol or methanol by using
					 50 percent or more of Louisiana agricultural products ranked first. Refiners
					 using less than 10 percent Louisiana agricultural products shall not be
					 entitled to ranking in this first priority.
D. No refiner shall be entitled to receive
					 more than 7,500 barrels per day of state royalty crude.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-939 - Contract Term; Renewal; Minimum Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The term of any contract entered into by
					 the board with a qualified refiner for the purchase or processing of state
					 royalty crude oil shall have a maximum primary term of no more than three
					 years. Such contract shall be renewable upon timely application of the same
					 conditions, or such additional conditions as may be deemed necessary to serve
					 the best interest of the state, at the sole discretion of the board.
B. Intention of the refiner to seek renewal
					 of a contract shall be evidenced by written application filed no later than 60
					 days prior to the expiration date of the contract then in effect.
C. If the board does not receive written
					 application for renewal within the time set forth in Subsection B, the board
					 may readvertise the availability of the volume of royalty crude oil committed
					 under such contract and enter into a new contract with a qualified refiner
					 effective upon the expiration date of the unrenewed contract, or make such
					 other disposition of the royalty oil as it determines to be in the best
					 interest of the state.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section I-941 - Transportation; Delivery; Storage; Transportation Costs; Minimum Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any contract,
					 the refiner shall be responsible to arrange with the state's lessee for the
					 delivery and receipt of all royalty oil.
B. The point of delivery for royalty oil
					 under any contract shall be the field where produced or a site as near as
					 possible to the point of delivery normally utilized by the state's lessee for
					 delivery of crude oil when state's royalty share is not taken in
					 kind.
C. The refiner shall promptly
					 reimburse state's lessee for the cost of transporting crude oil to the point of
					 delivery at the rate set by the applicable state lease for deductions from
					 royalties for the costs of transportation. If no such rate for deductions is
					 set by the applicable state lease, the refiner shall reimburse the lessee at a
					 rate to be approved by the State Mineral Board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:143.