reglab/statecodes huggingface dataset:
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-943 - Price; Deductions; Method of Payment; Reports; Taxes; Administrative Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The price to be
					 paid by a refiner pursuant to any contract for the purchase of royalty crude
					 oil shall be the maximum price allowed pursuant to the applicable and
					 controlling federal or state law on the effective date of the contract. In the
					 event that such price controls are terminated during the term of a contract,
					 the price to be paid by a refiner shall be the fair market value of the state's
					 royalty oil, which condition shall be effective at any time while the contract
					 is in effect.
B. In calculating the
					 payments for royalty crude oil purchased, the refiner may deduct from the price
					 that portion of the transportation costs reimbursed to the state's lessee which
					 represents the actual cost of transportation to the agreed upon point of
					 delivery utilized. Any additional cost of transportation for delivery to a more
					 distant point shall be borne solely by the refiner.
C. Payments due under any contract shall be
					 made monthly, such payments to be consistent with the volume of royalty oil
					 received by the refiner during such preceding month.
D. The refiner shall be required to file
					 monthly reports with the Office of Mineral Resources setting forth by lease and
					 delivery point all volumes of crude oil received.
E. The state shall assume responsibility for
					 all severance taxes due on its royalty production in effect on the contract
					 date. The refiner shall be liable for all other taxes and any additional or
					 increased taxes which become effective following the date of the contract. The
					 board may require the refiner to advance or remit to the appropriate state
					 lessee all severance taxes paid by such lessee which are attributable to the
					 volume of royalty oil acquired by the refiner. In such event the refiner shall
					 be entitled to deduct such taxes on a monthly basis from payments due the state
					 and remit same to the appropriate state lessee.
F. In addition to all other prices, fees, and
					 charges otherwise authorized in these regulations, the board may assess a fee
					 not in excess of $0.20 per barrel of royalty oil delivered to cover the cost of
					 administration.
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-945 - Utilization; Right of First Refusal; Assignment; Resale

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refiner shall not resell any royalty crude
					 oil without the prior written consent of the mineral board.
B. All royalty crude oil sold or processed
					 under any contract, or other crude oil received in lieu of royalty crude oil
					 under an exchange agreement, shall be utilized at refiner's facilities in the
					 state and shall not be used for resale in kind except as authorized by the
					 provisions of this Section. To the extent permitted by controlling federal law
					 or regulations no gasoline or diesel end product refined from state royalty
					 crude under any contract shall be sold for the ultimate purpose of retail sale
					 outside of the state of Louisiana.
C. The resale or exchange of royalty crude
					 oil in violation of the provisions of this Section shall be punishable by a
					 fine of not less than $10,000 per day for each day of violation.
D. Any contract for the sale or processing of
					 state royalty oil shall be conditioned upon the right of the state to exercise
					 a right of first refusal to any product refined from the royalty
					 crude.
E. Any contract for the sale
					 or processing of state royalty oil shall also require that first priority be
					 given to Louisiana customers in the usual course of sale of end
					 products.
F. Refiner shall be
					 required to furnish the board copies of all contracts entered into between
					 refiner and third parties reflecting delivery, receipt, handling, transporting,
					 sale and use of crude oil covered by a contract with the board, or refined
					 products derived therefrom.
G. No
					 contract shall be assignable without the prior written consent of the
					 board.
H. Refiner shall not enter
					 into any exchange agreement whereby other crude oil in lieu of the state's
					 royalty crude oil is delivered to refiner without the prior written consent of
					 the 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-947 - Penalties; Liability; Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 board shall provide for the assessment of a late charge at the rate of 7
					 percent per annum on any payments received from the refiner after the date such
					 payments are due as otherwise provided in these regulations.
B. In any contract for the disposition of
					 royalty crude oil, the board shall assure that the state is held free and
					 harmless from any liability, cost or expense arising from the execution of such
					 contract or from the delivery of any crude oil pursuant thereto. The refiner
					 shall assume all liability for the actions of itself, its agents and employees,
					 and of the state's lessee, its agent and employees in receiving delivery,
					 handling, transporting and refining of royalty oil.
C. Prior to the disposition of any royalty
					 crude oil as provided herein, the board shall require each refiner to furnish
					 to the state a letter of credit from an established and recognized bank within
					 the state, or an acceptable surety bond, in an amount equal to the price and
					 administrative fee for 45 days volume of crude oil to be delivered under any
					 contract, or $500,000, whichever amount is less, guaranteeing good and faithful
					 performance of the terms and conditions of these regulations and any contract.
					 The full amount of such letter of credit or bond, or any portion thereof, may
					 be applied to any sums or damages due the state as a result of the breach of
					 any condition of the contract or violation of these regulations. Such right
					 shall be in addition to any other legal rights and remedies available to the
					 state. The board shall reserve the right to require the increase in the amount
					 of this security when necessary to protect the 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-949 - Warranties; Governmental Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any contract the board shall not
					 warrant the crude oil delivered as being merchantable or suitable for refiner's
					 purpose and the board shall not be liable for the quality of the crude oil or
					 the content thereof. The board shall not warrant to refiner that there are
					 available sufficient quantities of royalty crude oil from any state lease(s)
					 dedicated to a contract to meet refiner's requirements.
B. All contracts shall be subject to
					 applicable state, local and federal laws, rules and regulations. Refiner shall
					 be required to secure all licenses, permits, orders, or waivers necessary for
					 the performance of the contract.
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-951 - Additional Procedural Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 board may from time to time adopt such additional policies and rules of
					 procedures as are deemed necessary to fully effectuate and administer the
					 regulations set forth herein.
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 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1001 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations are promulgated by the Secretary of the Department of Natural
				  Resources pursuant to the Administrative Procedure Act as authorized by
				  R.S.
				  41:1734.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1003 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations are promulgated for the following purposes:
1. to implement the provisions of and
				  accomplish the intent of the legislature as set forth in Chapter 14-A of Title
				  41 of the Louisiana Revised Statutes of 1950;
2. to establish procedures for state wind
				  lease acquisition, transfer, release, operations, electric power production
				  royalty payment and reporting, and decommissioning;
3. to institute reasonable fees for services
				  performed by the Department of Natural Resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1005 - Overview of the State Wind Lease Acquisition Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Leases for the exploration, development
				  and production of wind energy on state lands and water bottoms under Chapter
				  14-A of Title 41 of the Louisiana Revised Statutes of 1950 shall be acquired
				  from the State Mineral Board in conjunction with the Secretary of the
				  Department of Natural Resources, through the Office of Mineral Resources,
				  through a public bid process as set forth in this Chapter. There are nine
				  general steps in the state wind lease acquisition process as outlined below.
				  Each general step has its own set of procedures which are outlined in detail in
				  separate Sections of this Chapter:
1.
				  registration;
2. pre-nomination
				  research;
3. nomination of state
				  lands and water bottoms for wind lease;
4. examination and evaluation of nomination
				  for state wind lease;
5.
				  advertisement of state tract offered for wind lease and request for
				  bids;
6. submission of bids on
				  state tract offered for wind lease;
7. examination and evaluation of bids for
				  state wind lease;
8. award of state
				  wind lease;
9. issuance and
				  execution of state wind lease contract.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1007 - Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant
				  Registration. Any party who wants to apply for a state wind lease shall
				  register certain information with the Office of Mineral Resources on a one-time
				  basis prior to submitting an application. Registration consists of completing
				  and submitting an official Applicant Registration Form.
1. Prospective Leaseholder Registration. All
				  prospective leaseholders of state wind leases shall register certain
				  information and proof of current authorization to do business in the state of
				  Louisiana with the Office of Mineral Resources and thereafter renew their
				  registration annually by January 31. Only those bidders who are registered as
				  prospective leaseholders with the Office of Mineral Resources shall be allowed
				  to bid on tracts for the purpose of obtaining a state wind lease. Transfers or
				  assignments of state wind leases shall not be granted to prospective
				  leaseholders that are not currently registered as a prospective leaseholder
				  with the Office of Mineral Resources.
a.
				  Registration consists of submitting a completed official prospective
				  leaseholder registration form (obtainable from the Office of Mineral Resources)
				  and an appropriate certificate from the Louisiana Secretary of State to the
				  Office of Mineral Resources as follows:
i.
				  individual/sole proprietorship-no certificate required;
ii. corporation-good standing
				  certificate;
iii. limited liability
				  company-good standing certificate; and
iv. partnership-existence
				  certificate.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1009 - Pre-Nomination Research

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party
				  seeking to nominate state lands or water bottoms for wind lease shall conduct
				  research prior to nomination to determine and confirm whether the state lands
				  or water bottoms fall under one of the following six categories and comply with
				  any category requirements.
1. Louisiana
				  Wildlife and Fisheries Commission/Louisiana Department of Wildlife and
				  Fisheries Property. The lands and water bottoms in this category are under the
				  jurisdiction of the Wildlife and Fisheries Commission or the Department of
				  Wildlife and Fisheries, including but not limited to, wildlife management areas
				  and refuges. Questions concerning these lands and water bottoms should be
				  directed to the Louisiana Department of Wildlife and Fisheries, Office of
				  Wildlife, Fur and Refuge Division.
2. School Indemnity Lands
3. Tax Adjudicated Lands
4. Vacant State Lands
5. White Lake
6. Legal Areas. Title to certain state lands
				  or water bottoms may have been established by compromise without litigation,
				  compromise during the course of litigation, or adjudication in a court of law.
				  For state wind leasing purposes, state lands or water bottoms subject to such
				  compromise or adjudication are viewed as a "Legal Area." Determine whether the
				  state lands or water bottoms to be nominated include a legal area. If they do,
				  the nominating party shall provide a copy of the compromise instrument(s) or
				  judgment(s) that establish(es) the state ownership interest.
Questions concerning categories 2 through 6 should be
					 directed to the State Land Office, Division of Administration.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1011 - Nomination of State Lands and Water Bottoms for Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interested, registered parties shall
				  nominate state lands and water bottoms for wind lease by scheduling a
				  pre-nomination meeting with and submitting proposals (called "nominations") by
				  application to the Office of Mineral Resources in the form it requires. Each
				  application shall include a description of the land, including a map, on both
				  paper and diskette or CD-ROM, and be accompanied by submission of a
				  nonrefundable $400 processing fee made payable to the Office of Mineral
				  Resources, as well as any other documentation and information
				  required.
B. Only those parties who
				  are registered applicants with the Office of Mineral Resources as set forth
				  under §1007. A shall be allowed to nominate state lands and water bottoms
				  for wind lease.
C. A party
				  interested in nominating state lands and water bottoms for wind lease shall
				  observe the following restrictions.
1. Use
				  bearing, distance and X-Y coordinates based on the Louisiana Coordinate System
				  of 1927, North or South Zone (as applicable), to accurately and clearly
				  describe the nominated acreage. Determine whether the acreage to be nominated
				  falls in the North Zone or the South Zone of the Louisiana Coordinate System of
				  1927 and provide this information in the nomination packet. A single nomination
				  may contain acreage that falls partially in the North Zone and partially in the
				  South Zone. However, allocate the nominated acreage to the zone wherein the
				  majority of the acreage falls and use that zone's coordinates (see
				  R.S.
				  50:1).
a. A
				  nominating party is excepted from using the Louisiana Coordinate System of 1927
				  only if the acreage to be nominated is not susceptible of or has another type
				  legal description not translatable into a description using bearing, distance
				  and X-Y coordinates based on the Louisiana Coordinate System of 1927. If the
				  acreage to be nominated falls under this exception, the nominating party is
				  allowed to provide the legal description of the property as provided in the
				  title deed wherein the state acquired its ownership interest in the
				  property.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1013 - Examination and Evaluation of Nomination for Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the Office of Mineral Resources
				  determines that the state wind lease nomination complies with legal, procedural
				  and technical requirements, as well as with any current policies and practices,
				  it shall:
1. place the state wind lease
				  nomination tract on the State Mineral Board's Tract Evaluation Committee agenda
				  for the next regular board meeting;
2. take the area out of commerce for the
				  purpose of wind leasing while the nomination is being evaluated;
3. transmit a copy of the letter of
				  application for a State Wind Lease, written property description, and plat to
				  the State Land Office and to the Louisiana Department of Wildlife and
				  Fisheries, who shall review the proposed location of the state wind lease,
				  certify to the State Mineral Board whether or not there are other leases of any
				  kind at the proposed lease location and if so, provide copies to the State
				  Mineral Board of the other leases as an attachment to the other leases
				  certification; and
4. transmit the
				  nomination packet and the other leases certifications to the Secretary of the
				  Department of Natural Resources for evaluation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1019 - Examination and Evaluation of Bids for State Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sealed bids for state wind lease shall be
				  publicly opened and read aloud on the date advertised for the public opening of
				  bids (generally the lease sale date at which the tract is offered) in the
				  LaBelle Room, also known as the Conservation and Mineral Resources Hearing
				  Room, located on the First Floor of the LaSalle Building at 617 North Third
				  Street, Baton Rouge, LA. The State Mineral Board shall defer action on the bids
				  for state wind lease until at least the next regular board meeting, but no
				  later than 100 days, pending examination and evaluation of the bids by its
				  staff. The State Mineral Board staff shall examine and evaluate the bids to
				  confirm compliance with legal, procedural and technical requirements, as well
				  as with any current policies and practices, based on available data and
				  analyses.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1021 - Award of State Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the
				  next regular board meeting following conclusion of the staff's examination and
				  evaluation of the bids for state wind lease, after the staff has technically
				  briefed the board in executive session as to the merit of the bids, the State
				  Mineral Board shall reconvene in open session at the lease sale (generally held
				  the same day as the regular board meeting). The Office of Mineral Resources'
				  designee shall publicly announce the staff's recommendations to the board as to
				  which bids should be accepted and which bids should be rejected, providing the
				  reasons for rejection. The State Mineral Board shall announce its state wind
				  lease award decision at the lease sale.
B. Information as to bids on and awards of
				  state wind leases shall be published in SONRIS, the Department of Natural
				  Resources' Strategic Online Natural Resources Information System.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1025 - Transfer of Interest in or Assignment of a State Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				  execution and recordation of a transfer of interest in or assignment of a state
				  wind lease, a prospective transferee or assignee of a state wind lease shall
				  schedule a pre-transfer meeting with and submit a transfer packet to the Office
				  of Mineral Resources no later than the State Mineral Board regular meeting for
				  the month prior to the State Mineral Board regular meeting at which the item is
				  to appear on the State Mineral Board docket for approval.
B. The transfer or assignment shall be
				  docketed for State Mineral Board approval. No transfer or assignment in
				  relation to any state wind lease shall be valid unless approved by the State
				  Mineral Board. Failure to obtain State Mineral Board approval of any transfer
				  or assignment of a state wind lease prior to transfer or assignment shall
				  subject the transferor or assignor and the transferee or assignee, jointly,
				  severally and in solido, to liquidated damages of $100 per day beginning on the
				  first day following the execution of the transfer or assignment.
C. All parties to transfers or assignments in
				  relation to any state wind lease shall be registered prospective leaseholders
				  with the Office of Mineral Resources. Transfers or assignments shall not be
				  granted to prospective leaseholders that are not currently registered with the
				  Office of Mineral Resources as set forth under forth under §1007 B
D. The transfer packet shall
				  contain the following items:
1. two original,
				  unexecuted, unrecorded transfer or assignment instruments:
a. provide the marital status of the assignor
				  if the assignor is an individual and, if applicable, the spouse's name and
				  space for the spouse's signature to be affixed thereon;
b. designate the operator and the party who
				  shall be the principal state wind lessee authorized to act on behalf of all
				  co-lessees and attach proof of such agency;
c. after State Mineral Board approval, the
				  transfer or assignment instrument must be executed by both assignor and
				  assignee (and spouse(s), if appropriate), with each signature duly witnessed
				  and a notarized witness acknowledgement provided for each, or the assignee (and
				  spouse, if appropriate) shall execute an acceptance by assignee form, with the
				  signature duly witnessed and notarized, and a copy attached to each of the
				  transfer instruments;
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section I-1029 - State Wind Lease Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  state wind lessee and state wind lease operator shall schedule a pre-operations
				  meeting with and submit an operations packet to the Office of Mineral Resources
				  at least 30 days prior to commencement of construction. The operations packet
				  shall contain the following items:
1. notice
				  of beginning of wind lease operations form;
2. proof of general liability insurance for
				  the leased premises in the amount of at least $1,000,000 issued by an insurer
				  to whom A.M. Best Company has given not less than an A rating, specifically
				  covering all damages, and name as insured the state of Louisiana and its
				  departments, agencies and boards:
a.
				  subsequent to the commencement of construction, an updated proof of general
				  liability insurance is required to be submitted by January 31 of each year.
				  Failure to submit updated proof of general liability insurance may cause the
				  Office of Mineral Resources to levy liquidated damages of $100 per day until
				  such proof is received;
3. financial security in a form acceptable to
				  the State Mineral Board. The financial security amount for individual turbines
				  shall be, at a minimum, $150,000 per turbine for turbines in one location.
				  Blanket financial security for lessees and operators with wind leases in more
				  than one area shall be calculated at a minimum of $150,000 per turbine divided
				  by the number of different wind farm locations. Compliance with this financial
				  security requirement shall be provided by any of the following or a combination
				  thereof:
a. a certificate of deposit issued in
				  sole favor of the Louisiana Department of Natural Resources in a form
				  prescribed by the board from a financial institution acceptable to the board;
				  or
b. a performance bond in sole
				  favor of the Louisiana Department of Natural Resources in a form prescribed by
				  the board issued by an appropriate institution authorized to do business in the
				  state of Louisiana; or
c. a letter
				  of credit in sole favor of the Louisiana Department of Natural Resources in a
				  form prescribed by the board issued by a financial institution acceptable to
				  the board;
4. an updated
				  plan of operations that includes all the items set forth in §1017.
				  C.3 a-I;
5. any updated
				  environmental impact documentation supporting §1011. D 8;
6. an updated list of project participants as
				  set forth in §1017. C 5;
7.
				  any other information and documentation required by the Office of Mineral
				  Resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Section I-1101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations are promulgated by the state Mineral and Energy Board (Board) in
				  consultation with the Department of Transportation and Development (DOTD)
				  pursuant to the Administrative Procedure Act as authorized by
				  R.S.
				  41:1734.
B. A Port Authority's denial of the issuance
				  of a state alternative energy source lease (AESL) shall be adjudicated in
				  accordance with the Administrative Procedure Act as set forth at 49:991 et
				  seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Section I-1102 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations are promulgated for the following purposes:
1. to implement the provisions and intent of
				  the legislature as set forth in Chapter 14-A of Title 41 of the Louisiana
				  Revised Statutes of 1950;
2. to
				  establish procedures for the issuance and administration of leases for
				  alternative energy source production on state lands and water
				  bottoms;
3. to notify the lessee
				  and third parties of obligations as required in this Chapter;
4. to ensure that alternative energy source
				  activities conducted on state lands or water bottoms for energy related
				  purposes are implemented in a safe and environmentally sound manner, in
				  conformance with state laws, federal laws and other applicable laws and
				  regulations, and the terms of the Alternative Energy Source Lease;
5. to institute reasonable fees for services
				  performed by the Department of Natural Resources (DNR).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Section I-1103 - Wind Energy and Geothermal Energy Alternative Energy Sources

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Alternative Energy Source Rules as set
				  forth in Chapter 11, except as provided in
				  §1112 and
				  §1113, do not apply to wind energy or geothermal alternative energy
				  sources.
B. An applicant for a wind
				  energy lease must comply with the requirements as set forth in
				  R.S.
				  41:1731 et seq.
C. An applicant for a geothermal energy lease
				  must comply with the requirements as set forth in
				  R.S. 30:800 et
				  seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Section I-1104 - Cash Bonus and Fees for Alternative Energy Source Leases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state shall collect a cash bonus for
				  all AESLs. In addition to the cash bonus, the board, through the Office of
				  Mineral Resources (OMR), shall collect an administrative fee for such leasing
				  in the amount of 10 percent of the total cash bonus paid. Such payments shall
				  be due within 24 hours of award of the state Alternative Energy
				  Lease.
B. The state may collect
				  additional payments for an Alternative Energy Source Lease if authorized by
				  statute.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1107 - Lease Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as otherwise authorized by law, it will be unlawful for any person or business
					 entity to explore for, drill, develop, construct, operate, or maintain any
					 facility to produce, transport, or support the generation of electricity or
					 other energy product derived from an alternative energy source on any part of
					 state owned lands and water bottoms except under and in accordance with the
					 terms of a lease issued by the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1108 - Acronyms

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
					 of this Chapter, unless the terms are defined in a different Chapter or
					 Subpart, the following acronyms shall apply.
1. OMR - the Office of Mineral Resources
					 serving as staff to the state Mineral and Energy Board.
2. AESL - the state Alternative Energy Source
					 Lease.
3. DNR - the Department of
					 Natural Resources.
4. OSL - the
					 Office of State Lands.
5. DWF - the
					 Department of Wildlife and Fisheries and/or the Wildlife and Fisheries
					 Commission.
6. Board - the State
					 Mineral and Energy Board.
7. FERC -
					 the Federal Energy Regulatory Commission as established pursuant to  42 U.S.C. §
													7171.
8. AESP - a project
					 requiring an AESL.
9. DOTD - the
					 Department of Transportation and Development.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1110 - Rights Granted Pursuant to an Alternative Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lease issued under this Section grants
					 the lessee the right, subject to obtaining the necessary approvals, including,
					 but not limited to, those required under the Federal Energy Regulatory
					 Commission (FERC) hydrokinetic energy licensing process, and complying with all
					 provisions of this Section, to occupy, and install and operate facilities on a
					 designated portion of state owned lands or water bottoms for the purpose of
					 conducting:
1. commercial activities related
					 to the production of energy from an alternative energy source;
2. other limited activities that support,
					 result from, or relate to the production of energy from an alternative energy
					 source.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1111 - Impediment to Louisiana's Waterways

Current through Register Vol. 50, No. 6, June 20, 2024
A. The AESP shall not unreasonably adversely
					 impact, impede, obstruct, or interfere with transportation infrastructures, the
					 navigability of any waterway, or the use of the waterway by other users, nor
					 shall it unreasonably interfere with maritime commerce or the recreational use
					 of the waterway.
B. The AESP shall
					 be designed to have minimum impact on the chemical, physical, biological
					 integrity, and safety of the waterway.
C. The DOTD shall review the AESP to identify
					 any unreasonable adverse impacts the AESL will have on transportation and
					 transportation infrastructures and submit its findings to the board prior to
					 the opening of the AESL bid. Failure by DOTD to submit its findings to the
					 board shall indicate to the board that the AESP has no adverse impact on
					 transportation and transportation infrastructures.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1112 - Port Authority Approval Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 No AESL which affects the following state owned lands and/or water bottoms
					 shall be advertised or granted without prior written approval of a Port
					 Authority:
1. lands held in title by a Port
					 Authority or held by lease or servitude by a Port Authority;
2. public navigable waters that flow through
					 any lands within the jurisdiction of a Port Authority. Approval pursuant to
					 this Section shall not be unreasonably withheld unless the lease is detrimental
					 to the needs of commerce and navigation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1113 - Decision of Port Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
					 the decision of the Port Authority has been made to either grant or deny the
					 applicant's lease request, the board, through OMR, shall notify the AESL
					 applicant of the Port Authority's decision via certified U. S. Postal Service
					 First Class Mail, return receipt requested.
B. If the AESL request is denied by the Port
					 Authority, the applicant shall have 60 days from receipt of the board notice to
					 request an administrative hearing with the Division of Administrative Law,
					 pursuant to Chapter 13-B, Title 49 of the Louisiana Revised Statutes of 1950
					 and Chapter 11.
C. The Port
					 Authority shall contract with the Division of Administrative Law to conduct the
					 administrative hearing.
D. The Port
					 Authority which did not grant prior written approval for the proposed AESL
					 shall have the burden of proof at the administrative hearing that the proposed
					 AESL is detrimental to the needs of commerce and navigation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1114 - Federal Energy Regulatory Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. No AESL for hydrokinetic energy
					 development shall be granted which is inconsistent with the terms of a
					 preliminary permit, license, exemption, or other authorization issued by FERC
					 pursuant to its authority under the Federal Power Act,
					 16
					 U.S.C. 791 a, et
					 seq
.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1115 - Federal and State Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 lessee, including successors and assigns, is subject to all applicable laws,
					 statutes, rules, or regulations, whether state or federal, which deal with the
					 subject matter of the lease during the term the AESL is in force and effect,
					 whether in whole or in part.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1116 - Alternative Energy Source Project Design Safeguards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee or operator shall design its
					 AESP and conduct all activities in a manner that ensures safety and which will
					 not cause undue harm or damage to any structures and/or natural resources,
					 physical, atmospheric, and biological components, including, but not limited
					 to, those owned by the state, Port Authority, Political Subdivision, or Levee
					 District.
B. The lessee and/or
					 operator shall compile, retain, and make available to the board, DOTD, affected
					 Port Authority, and Levee District, or its authorized representative, within
					 the time specified by the board, any data or information related to the site
					 assessment, design, or operations of the alternative energy source.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1117 - Rights Granted and/or Denied by an Alternative Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. No AESL shall
					 include any rights to explore, drill, mine, develop, or produce for native oil,
					 gas, or other liquid or gaseous hydrocarbons.
B. No usage of state lands or water bottoms
					 for the development of a specific alternative energy source shall unreasonably
					 interfere, as determined by the board, with the rights of oil and gas or other
					 forms of an AESL.
C. The AESL shall
					 not inhibit any activity, right, obligation or duty inherent to an oil and gas
					 lease granted by the board.
D. The
					 AESL shall not prevent the letting of leases of state owned lands or water
					 bottoms for the purpose of developing its natural resources.
E. Notwithstanding any language of the AESL
					 to the contrary, the rights granted exclusively to the alternative energy
					 source lessee shall be subject to the surface usage for coastal restoration,
					 reclamation or conservation projects promulgated, funded or effected through
					 DNR and its divisions, whether solely or in conjunction with other state, local
					 or federal governmental agencies or with private individuals or entities. The
					 alternative energy source lessee, in the exercise of its exclusive rights
					 granted pursuant to the AESL, shall utilize the best available technology so as
					 to minimize interference with any surface usage entailed in the development,
					 construction, and maintenance of coastal restoration, reclamation, and
					 conservation projects.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1118 - Environmental Safeguards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 lessee shall use the best management practice, the highest degree of care, the
					 best available and safest technology and all proper safeguards required to
					 prevent land or water pollution resulting from the construction,
					 transportation, and operations of an alternative energy source.
B. The lessee shall use all means available
					 to recapture escaped pollutants and shall be solely responsible for any and all
					 damages to aquatic or marine or riverine life, wildlife, birds, or any public
					 or private property resulting from the lessee's operations.
C. The lessee shall not discharge trash or
					 debris into state waterways.
D. The
					 lessee shall report all unpermitted discharges of pollutants in violation of
					 federal or state laws to the Department of Environmental Quality, the board,
					 through OMR, and any other appropriate agency, within the time required by
					 federal, state or local laws, but not more than 24 hours from the occurrence,
					 whichever is earlier.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1119 - Adherence to Laws and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The lessee shall comply with all applicable environmental laws and regulations
					 and any other federal, state, or local law, regulation, standard, or resolution
					 passed by the board, which may be applicable to alternative energy source
					 activities. The board may require lessee to obtain any environmental or other
					 permits or licenses required before applying for an AESL.
B. The board shall have the option of
					 terminating the AESL agreement should the lessee fail to abide by such rules,
					 regulations and resolutions; provided, however, the board shall give the lessee
					 written notice of any such violation and 10 days in which to correct such
					 violation, in which event, should said violation not be corrected, the board,
					 without further notice, may terminate the AESL agreement.
C. With respect to violations of rules,
					 regulations, or resolutions of the federal government or its agencies, when the
					 state is notified of a violation by the lessee, the board, through OMR, shall
					 notify the lessee and may suspend operations under the AESL agreement while
					 allowing the lessee a reasonable set time to resolve the issues with the
					 appropriate federal authority, and, if resolution is not obtained in a
					 reasonable time, terminate the AESL agreement.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1120 - Alternative Energy Source Lease Size

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall determine the size of each
					 lease based on the acreage required to accommodate the anticipated activities.
					 The AESL shall include the minimum area that will allow the lessee sufficient
					 space to develop the AESP and manage activities in a manner that is consistent
					 with the provisions of this Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.