Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-909 - Definitions [Formerly LAC 43:I.1109]

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 terms
				  shall have the following meanings. Terms defined in a different Chapter or
				  Section shall have the meaning as defined in that Chapter, Subpart, or Section:
Alternative Energy Source
-an energy source
					 other than oil, gas, and other liquid, solid, or gaseous minerals. Including,
					 but not limited to, wind energy, geothermal energy, solar energy, and
					 hydrokinetic energy. It shall not include the cultivation or harvesting of
					 biomass fuels or the use of state land or water bottoms for facilities which
					 utilize biomass fuel to produce energy.
Archaeological Resource
-any material
					 remains of human life or activities that are at least 50 years of age and that
					 are of archaeological interest (i.e., capable of providing scientific or
					 humanistic understanding of past human behavior, cultural adaptation, or
					 related topics through the application of scientific or scholarly techniques,
					 such as controlled observation, contextual measurement, controlled collection,
					 analysis, interpretation, and explanation).
Best Available and Safest Technology
the
					 best available and safest technologies recognized within the respective
					 industry, or by government, feasible wherever failure of equipment would have a
					 significant effect on safety, health, or the environment.
Best Management Practices
-practices
					 recognized within the respective industry, or by government, as one of the best
					 for achieving the desired output while reducing undesirable outcomes.
Commercial Activities
-any and all
					 activities associated with the generation, storage, or transmission of
					 electricity or any other energy product from a project requiring an AESL
					 (hereinafter referred to as "AESP") on state lands or water bottoms, when such
					 electricity or other energy product is intended for distribution, sale, or
					 other commercial use, including, but not limited to, initial site
					 characterization and assessment, facility construction, and project
					 decommissioning.
Decommissioning
-the removal of alternative
					 energy source facilities or any other activity associated with the return of
					 the lease site to a condition pursuant to the requirements of Subpart E of this
					 Chapter. Excluded from this provision are technology-testing activities.
Interstate Commerce
-any commercial
					 transaction involving more than one state or the movement of goods with respect
					 to the electric power and energy across state boundaries.
Intrastate Commerce
-any commercial
					 transaction or movement of goods with respect to the electric power and energy
					 wholly within the state.
Interstate Transmission
-the generation of
					 electric power used for the transmission of electric energy in interstate
					 commerce.
Intrastate Transmission
-the generation of
					 electric power used for the transmission of electric energy in intrastate
					 commerce.
Lease Applicant
a
person
					 or business entity who is formally seeking an AESL in which the port; harbor
					 and terminal district; or port, harbor, and terminal district has not granted
					 prior written approval for the development of an alternative energy
					 source.
Legal Area
state lands or water bottoms
					 subject to a compromise agreement or legal adjudication.
Lessee
the holder of an AESL granted by the
					 board, including any approved sub-lessee, assignee, or successor, or any person
					 or business entity authorized by the holder of the lease or operator to conduct
					 activities on the lease.
Levee District
defined pursuant to the
					 definition set forth in
					 R.S.
					 38:281(6).
Marine
-the physical, atmospheric, and
					 biological components, conditions, and factors that interactively determine the
					 productivity, state, condition, and quality of the marine ecosystem. These
					 include the waters of the high seas, the contiguous zone, transitional and
					 intertidal areas, salt marshes, and wetlands within the coastal zone and in the
					 state.
Operator
the individual, business, or other
					 legal entity having control or management of activities on the leased acreage,
					 including, but not limited to, the lessee or a third party designated by the
					 lessee.
Political Subdivision
defined pursuant to
					 the definition set forth in
					 R.S.
					 42:1102(17).
Port Authority
the governing authority of
					 any port; harbor and terminal district; or port, harbor, and terminal
					 district.
Revenue
a
bonus or other
					 similar payment owed and/or paid by the lessee to the lessor as required under
					 the lease. It does not include administrative fees such as those assessed for
					 cost recovery, civil penalties, and forfeiture of financial assurance.
Riverine
relating to or situated on a river
					 or riverbank.
Secretary
the Secretary of the Department
					 of Natural Resources (DNR) or an official authorized to act on the Secretarys
					 behalf
Significant Archaeological Resource
an
					 archaeological resource that is eligible to be listed in the National Register
					 of Historic Places, as defined in
					 36 CFR
					 60.4 or its successor.
Site Assessment Activity
preliminary
					 activity(ies) performed by the lessee for the purpose of characterizing a site
					 on state lands or water bottoms, in preparation of the installation of
					 facilities. Such activities may include, but are not limited to, resource
					 assessment surveys (e.g., meteorological and oceanographic) or technology
					 testing.
State
the state of Louisiana, its agencies,
					 departments, successors, predecessors, legal representatives, officers, agents,
					 employees, and any other party or entity authorized to act on its behalf
State Agency
defined pursuant to the
					 definition set forth in
					 R.S.
					 30:151.
Vessel
defined pursuant to the definition
					 set forth in USC Title 1, Section 3.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.