reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4105 - General Provisions Regarding Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person has any entitlement to
				  certification or to any status as a certified land conservation organization.
				  The secretary has complete discretion whether to certify an applicant as a land
				  conservation organization for purposes of this Chapter or to revoke a
				  certification, consistent with the standards and procedures stated in this
				  Chapter.
B. Certification is
				  nontransferable in whole or in any part. Any purported transfer of a
				  certification is null and void.
C.
				  Any applicant or certified land conservation organization shall immediately
				  inform the secretary if it no longer meets any of the requirements under
				  §4107 A
D. All requirements
				  for written submissions may be satisfied by physical delivery as evidenced by a
				  United States mail return receipt or receipt signed by the recipient, or by fax
				  or email actually received by the recipient.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4107 - Standards for Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Requirements. An applicant shall establish that it meets all of the following
				  requirements for certification.
1. The
				  applicant is a legal entity, other than a natural person, created or organized
				  in the United States or any possession thereof or under the law of the United
				  States, any state, the District of Columbia, or any possession of the United
				  States.
a. The applicant shall provide copies
				  of its articles of incorporation or organization (or other organizing
				  documents) certified by the Louisiana Secretary of State or, if created or
				  organized under the law of the United States, any state other than Louisiana,
				  the District of Columbia, or any possession of the United States, by the
				  official custodian of such records thereof.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4109 - Procedure for Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  applicant seeking certification shall submit an application to the department
				  in writing.
1. The application shall state
				  the means by which the applicant satisfies each of the requirements of
				  §4107. A Documents required under §4107. A shall be attached to the
				  application.
2. The application
				  shall state the manner and extent to which the applicant satisfies or addresses
				  each organization consideration of §4107 B, or the reasons that a
				  particular consideration is inapplicable. Documentation thereof, as
				  appropriate, shall be attached.
a. If the
				  applicant is accredited by the Land Trust Alliance as a land trust, the
				  applicant may satisfy the requirements of this §4109. A.2 by attaching its
				  application for accreditation to the Land Trust Alliance, a statement of any
				  variances presently existing or anticipated by the applicant from its
				  affirmations in the application, and documentation from the Land Trust Alliance
				  that the accreditation is currently valid.
3. The application shall state the manner and
				  extent to which the applicant satisfies or addresses each general consideration
				  of §4107 C, or the reasons that a particular consideration is
				  inapplicable. Documentation thereof, as appropriate, shall be
				  attached.
4. The applicant shall
				  state whether any of the extraordinary considerations of §4107. D applies,
				  and if so, shall fully explain the situation and the reasons that the applicant
				  asserts that the application should not be disqualified for that reason.
a. The reviewer may conduct or obtain a
				  background or other investigation of the applicant and any officer or director
				  of the applicant, including any criminal, financial, regulatory, or other
				  matters. By submitting its application, the applicant and its officers and
				  directors submit to and waive any objection to any such
				  investigation.
5. The
				  applicant may state in or attach to the application any other information that
				  the applicant asserts is relevant to the determination regarding certification.
				  The secretary may disregard any information not provided with the application
				  or any supplement requested by the reviewer.
6. The applicant shall designate an applicant
				  contact with respect to the application and certification, and shall provide
				  contact information for that person in the application. All communications with
				  the applicant regarding the application or certification shall be made to the
				  designated applicant contact, unless and until another contact is designated to
				  the department in writing.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4111 - Annual Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  certified land conservation organization shall submit a report to the
				  department contact each year within 30 days after the anniversary of the
				  effective date of the certification. Such report shall contain a statement of
				  the following.
1. Any change of status of the
				  organization with respect to any requirement under §4107. A in the prior
				  year, or that no change has occurred. All documentation of any such change
				  shall be attached.
2. Any change of
				  status of the organization with respect to any consideration under §4107.
				  B in the prior year, or that no change has occurred. All documentation of any
				  such change shall be attached.
3.
				  Any change of status of the organization with respect to any consideration
				  under §4107. C in the prior year, or that no change has occurred. All
				  documentation of any such change shall be attached.
4. Any change of status of the organization
				  with respect to any consideration under §4107. D in the prior year, or
				  that no change has occurred. All documentation of any such change shall be
				  attached.
5. Any acquisition or
				  divestiture of real property by the organization in the prior year, or that no
				  change has occurred, including:
a. the
				  acquisition or divestiture document;
b. a detailed discussion of any plans by or
				  for the organization to use any real property acquired;
c. any plan document for the use of real
				  property acquired; and
d. a
				  detailed discussion of any income received or anticipated and any expenditures
				  made by the organization with respect to any real property acquired or
				  divested.
6. Any
				  acquisition of the certified land conservation organization, in whole or in
				  part, or that no change has occurred, including:
a. the acquisition or divestiture
				  document;
b. a detailed discussion
				  of whether and how the acquisition will or may affect the certified land
				  conservation organization.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4113 - Revocation of Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  secretary may revoke a certification for any of the following reasons:
1. violation by the certified land
				  conservation organization of or failure to continue to satisfy any requirement
				  under §4107 A;
2. substantial
				  change in any of the considerations under §4107. B C;
3. any reason for which certification could
				  be denied under §4107 D;
4.
				  failure to comply with any requirement under §4111;
5. the certified land conservation
				  organization acts or fails to act in such a manner so as to interfere with or
				  impede any Comprehensive Master Coastal Protection Plan or any Annual Plan
				  adopted by the Coastal Protection and Restoration Authority and the Legislature
				  under Revised Statutes Title 49, Part II, Subpart A, or any plan or project
				  included in any such master plan or annual plan; however, this Section shall
				  not be construed to limit the certified land conservation organization's
				  ability to oppose any of the foregoing or to seek amendment or alteration
				  thereof;
6. the certified land
				  conservation organization is acquired, in whole or in part, by any person that
				  is not a certified land conservation organization.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4115 - Recertification

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  certifications issued by the secretary prior to the effective date of these
				  regulations shall remain in full force and effect until three years after the
				  effective date of these regulations. Any such certification expires
				  automatically on that date, unless the certified land conservation organization
				  is recertified as provided in this Section.
B. Recertification shall be conducted
				  according to the same standards and procedures set forth in this Chapter for
				  certification.
C. Upon denial of
				  recertification, the organization will no longer be considered a certified land
				  conservation organization and will no longer be considered to meet the
				  definition of an acquiring authority under
				  R.S.
				  31:149, on and after the date on which the
				  prior certification expires.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4117 - Administrative Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  applicant or certified land conservation organization aggrieved by a
				  substantive decision made pursuant to the provisions of this Chapter may seek
				  administrative review through the department.
B. A request for administrative review under
				  this Section shall be submitted to the department in writing at the following
				  address.
Louisiana Department of Natural Resources
Office of the Secretary
P.O. Box 94396
Baton Rouge, LA 70804 -9396.
C. A request for administrative review shall
				  include the following:
1. identification of
				  the decision to which the request pertains;
2. a statement of the relief requested,
				  identifying the specific issue or point as to which the adjudication is
				  sought;
3. a statement of the
				  reasons such relief is requested, and the facts upon which the request for
				  relief is based;
4. the name and
				  address to which the department and the Division of Administrative Law will
				  send all communications regarding the request. Neither the department nor the
				  Division of Administrative Law has any obligation to deliver any communications
				  regarding the request to any person or address other than as listed in the
				  request or any amendment thereto;
5. the department shall promptly submit any
				  request for administrative review to the Division of Administrative
				  Law.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 4 - Land Conservation Organizations › Chapter 41 - Certification of Land Conservation Organizations › Section I-4119 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant
				  or certified land conservation organization may seek judicial review of the
				  final decision of the Division of Administrative Law under
				  §4117 in
				  accordance with the Administrative Procedure Act,
				  R.S.
				  49:950 et seq. and the Division of
				  Administrative Law Act,
				  R.S.
				  49:991 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 31:149 and
					 R.S.
					 41:1702.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part III - Office of Management and Finance › Chapter 1 - Information Processing Section › Section III-101 - Rate Schedule for Copies of Computerized Public Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the rule adopted by the
				Division of Administration pertaining to the uniform fee schedule for copies of
				public records, the Department of Natural Resources (DNR) has adopted a rule
				which institutes a schedule of rates to recover its costs in providing copies
				of computerized public records to non-governmental, private sector bodies. This
				schedule includes rates for those records provided on computer magnetic tape,
				those provided on computer printouts, and those provided via terminals.
1. The rates are as follows.
a. Output from the DNR Information Processing
				Center
i. Job Set Up/Take Down. Each request
				received from the private sector for a copy of computerized records requires
				the involvement of production control technicians who must set up the job,
				submit the job for processing, review the output according to quality control
				standards, and prepare the output for transmittal to the requestor. A flat rate
				of $20 per job is charged.
ii.
				Systems Analyst and Programmer Involvement. Certain jobs require the
				involvement of a systems analyst and/or a computer programmer to customize
				existing "utility" programs to meet the requestor's requirements. Each hour
				worked by an analyst or programmer is charged at a rate of $50.
iii. CPU-Related Resources. The selection,
				extraction, processing and sorting of data consume a combination of DNR
				computer resources, including CPU usage, memory usage, I/O channels, disk
				access, and tape access. The combined usage of these resources is logged by DNR
				in units of Standard Unit of Processing (SUP) hour. Each SUP hour is charged at
				a rate of $450.
iv. Printing. All
				printing is done on a laser printer producing 8 1/2" x 11" pages. Each image is
				charged at a rate of $0.10.
v.
				Magnetic Tapes. Users requesting records on magnetic tape are encouraged to
				supply their own 2,400 foot tapes. Those not doing so are charged $25 for each
				tape provided by DNR.
vi.
				Postage-Charged on an actual cost basis.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 2 - Operating Agreements upon Relating to State-Owned Lands and Water Bottoms › Section V-201 - Operating Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Operating agreements under Title 30, Chapter 3, Sections 208 of the Louisiana
				Revised Statutes of 1950 may be obtained from the State Mineral Board through
				the Office of Mineral Resources.
B.
				An operating agreement, as that term is used herein, shall refer to the
				contractual agreement by and between the state of Louisiana and an operator,
				under limited conditions and circumstances, and in lieu of a state mineral
				lease, to reestablish or attempt to establish production of liquid or gaseous
				hydrocarbons from an existing well, or wells, located on state owned lands or
				water bottoms previously leased, but on which the lease has terminated, by
				reworking, deepening, sidetracking, or plugging back of said well(s) when it
				has been determined by the State Mineral Board that, due to equity, economics,
				and other factors, it is in the best interest of the state to assume a portion
				of the risk of establishing production in said existing wells by contracting
				with the operator to attempt said establishing of production on behalf of the
				state whereby the state shall be entitled to receive a graduated share of
				production, or its value, based on recoupment of the risked cost as monitored
				by the Office of Mineral Resources in administering the operating
				agreement.
C. Operating agreements
				shall only be granted by the State Mineral Board in those limited situations
				set forth and illustrated by
				R.S.
				30:209 (4)(a)(i-iv) when it has been
				determined that the best interest of the state of Louisiana will not be served
				by the granting of a regular state mineral lease.
D. Pursuant to
				R.S.
				30:124 all permits will be issued subject to
				strict compliance by the permittee with all applicable rules governing the
				conduct of seismic exploration in water areas as such rules may from time to
				time be promulgated by the Department of Wildlife and Fisheries for the
				protection of oysters, fish, and wildlife. Further all wildlife and waterfowl
				refuges, game and fish preserves, or oyster see ground reservations or any part
				thereof, shall not be deemed to be included in the area covered by any permit
				unless written permission from the agency in charge of such refuge, preserve,
				or reservation is also secured.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 13, First Extraordinary Session, 1988,
				  R.S.
				  30:136(A)(2) and
				  30:142(A),
				  as amended by Acts 1017 and 1018 of 1990,
				  R.S.
				  30:209 and 209.1, as amended by Acts 530 and
				  531 of 1997, and
				  R.S.
				  30:211 through
				  216.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section V-503 - Assignments and Other Transfers of Interest [Formerly LAC 43:I.903]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section V-504 - Laws and Instructions [Formerly LAC 43:I.904]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter A - Mineral Leasing Policy › Section V-505 - Mineral Board Policy [Formerly LAC 43:I.905]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section V-513 - Definitions [Formerly LAC 43:I.913]

Current through Register Vol. 50, No. 6, June 20, 2024
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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section V-515 - Procedure for Preparing and Filing Applications [Formerly LAC 43:I.915]

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 §517. 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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section V-519 - Exhibits [Formerly LAC 43:I.919]

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 §517 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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section V-521 - Amendments [Formerly LAC 43:I.921]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section V-523 - Application for Determination without Investigation or Hearing [Formerly LAC 43:I.923]

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 §515.
				  B 3
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-525 - Purpose [Formerly LAC 43:I.925]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-527 - Definitions [Formerly LAC 43:I.927]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-529 - Policies and Procedures of the State Mineral Board [Formerly LAC 43:I.929]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-531 - Inventory; Delivery Points; Objections [Formerly LAC 43:I.931]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-533 - Louisiana Refiner Criteria [Formerly LAC 43:I.933]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-535 - Application Requirements [Formerly LAC 43:I.935]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-537 - Disposition; Approval; Priority [Formerly LAC 43:I.937]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-539 - Contract Term; Renewal; Minimum Requirements [Formerly LAC 43:I.939]

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 V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-541 - Transportation; Delivery; Storage; Transportation Costs; Minimum Requirements [Formerly LAC 43:I.941]

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.