Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-727 - Partial or Full Release of a State Wind Lease [Formerly LAC 43:I.1027]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon expiration
				or termination of a state wind lease, in whole or in part, for any reason, the
				principle state wind lessee shall execute and record an appropriate instrument
				of release within 90 days of such expiration or termination in each parish
				wherein the leased premises are located and shall provide the State Mineral
				Board through the Office of Mineral Resources with a copy of the recorded
				instrument of release from each parish wherein it is recorded properly
				certified by the recorder for that parish. In the event the principle state
				wind lessee fails to comply, all the state wind lessees currently of record
				jointly, severally and in solido shall be subject to liquidated damages of $100
				per day beginning on the ninety-first day after expiration or termination, as
				well as reasonable attorney fees and costs incurred should suit be brought for
				lease cancellation.
B. The release
				instrument shall provide the state wind lease number and be signed by the
				principle state wind lessee, with the signature duly witnessed and notarized.
				Failure to follow the notarization requirements of
				R.S.
				35:12 shall be grounds for the release
				instrument to be rejected.
C. If a
				party wants to release only a portion of the leased acreage, he shall contain
				the whole of the retained acreage, including the buffer acreage within the
				boundaries set forth in §729. C.1 a-c, within a single contiguous block of
				acreage. For a partial release only, the party shall also provide the following
				items.
1. A written property description,
				fully justified, using Microsoft Word. The first part shall describe and
				provide the amount of state owned acreage released. The second part shall
				describe and provide the amount of state owned acreage retained. Use X-Y
				Coordinates based on the Louisiana Coordinate System of 1927, North or South
				Zone (as applicable), starting with an X-Y point of beginning and using
				distance and bearings to each X-Y corner or turning point. Use calculations,
				closures and ties to existing state wind leases that comply with generally
				accepted surveying standards. Provide one original paper copy and one
				electronic copy as a Word .doc file named "released.doc" on the release
				diskette.
2. A plat that clearly
				delineates the boundaries of and sets forth the state owned acreage amount
				released and the state owned acreage amount retained. Use an 8 1/2 x 11 copy of
				the most recent edition of the 7 1/2 minute USGS Quadrangle Map (scale 1" =
				2000' or 1" = 3000'; or the block system of 1" = 4000', if applicable). Use X-Y
				Coordinates based on the Louisiana Coordinate System of 1927, North or South
				Zone (as applicable), starting with an X-Y point of beginning and using
				distance and bearings to each X-Y corner or turning point. Use calculations,
				closures and ties to existing state wind leases that comply with generally
				accepted surveying standards. Provide one original paper copy and one
				electronic copy included as a .pdf file named "released.pdf" on the release
				diskette.
3. A .dxf file that
				contains only the boundary of the acreage portion to be released, named
				"released.dxf" and provided on the release diskette. This boundary shall be a
				single line with no additional lines, labels, text, or graphics, and shall be
				constructed of individual line segments between vertices. The X-Y coordinates
				in the .dxf file must exactly match those in the written property description
				and the plat.
4. A release diskette
				clearly labeled "State Wind Lease Release Diskette" that shall have the
				principal state wind lessee and project names affixed thereon and contain the
				written property description as a Word .doc file, the plat as a .pdf file, and
				the .dxf file.