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-517 - Content of Application [Formerly LAC 43:I.917]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain the
				  information required by Act 296 of 1979 and by this rule, §517
1. Information as to the Lessee. Set forth
				  the name of the lessee and the address of its principal executive offices and
				  describe, insofar as practicable, the lease or leases of the lessee which it is
				  proposed to transfer and the operations or other activities currently being
				  conducted in relation to such lease or leases.
2. Information as to the Applicant. If the
				  applicant is a corporation, partnership, limited partnership, syndicate or
				  other group of persons, the application shall set forth its name, the state or
				  other place of its organization, its principal business, the address of its
				  principal executive offices and the information required by Subparagraphs A.2.e
				  and f below. If the applicant is natural person, the application shall set
				  forth the information specified in Subparagraphs A.2.a-g below with respect to
				  such person(s). If the applicant is a corporation not subject to the reporting
				  requirements of the federal securities laws, there shall be filed as exhibits
				  audited financial statements for its three most recent fiscal years and interim
				  financial statements for any subsequent period through the end of the last
				  preceding calendar quarter for which such statements are available:
a. name;
b. residence or business address;
c. present principal occupation or employment
				  and the name, principal business and address of any corporation or other
				  organization in which such employment or occupation is conducted;
d. material occupations, positions, offices
				  or employments during the last five years, giving the starting and ending dates
				  of each and the name, principal business and address of any business
				  corporation or other organization in which occupation, position, office or
				  employment was carried on;
e.
				  whether or not, during the last five years, such person has been convicted in a
				  criminal proceeding (excluding traffic violations or similar misdemeanors) and,
				  if so, giving the dates, nature of conviction, name and location of court, and
				  penalty imposed or other disposition of the case;
f. whether or not the applicant has, during
				  the last five years, been a party to, or materially adversely affected by, any
				  judicial or administrative proceeding under any law or regulation regulating
				  exploration, development, production or other operations involving any solid
				  minerals or other extractive industry or activity, or under any law or
				  regulation regulating the discharge of materials into the environment or
				  otherwise relating to the protection of the environment, and if so, describing
				  fully any such proceeding, including the disposition thereof. Copies of all
				  material pleadings and of all orders and judgments therein shall be filed as
				  exhibits;
g. citizenship(s):
i. instruction. If the application is filed
				  by a partnership, limited partnership, syndicate or other group, the
				  information called for by §517. A.2 shall be given with respect to:
(a). each partner of such
				  partnership;
(b). each partner who
				  is denominated as a general partner or who functions as a general partner of
				  such limited partnership;
(c). each
				  member of such syndicate or group; and
(d). each person controlling such partner or
				  member;
ii. if the
				  statement is filed by a corporation, or if a person referred to in Subclause
				  (a), (b), (c), or (d) of Clause A.2.g is a corporation, the information called
				  for by the above mentioned items shall be given with respect to:
(a). each officer and director of such
				  corporation;
(b). each person
				  controlling such corporation; and
(c). each officer and director of any
				  corporation ultimately in control of such corporation.
3. Manner of
				  Transfer. The application shall set forth the manner in which the applicant
				  proposes to effect the transfer of the lease or leases (including, without
				  limitation, the manner in which the transfer is to be financed and the terms of
				  any agreement or understanding with respect to the transfer) and the applicant
				  shall file as exhibits all relevant contracts and agreements, together with any
				  documents required to be filed under any other law or regulation in consequence
				  of such proposed transfer. The application shall also set forth a description
				  of the background of the proposed transfer.
4. Information about the Applicant's Relevant
				  Experience
a. The applicant shall fully
				  describe his or its experience and capabilities to assume responsibility for
				  operations under the lease or leases, including (without limitation) the
				  following information.
i. Applicant's
				  experience in the solid minerals and other extractive industries during the
				  five years next preceding the application.
ii. If the applicant is other than a natural
				  person, the names, titles and addresses of the officers or other persons who
				  would have primary responsibility for the conduct of operations under the lease
				  or leases and, as to each such person, his educational background, his
				  professional background, including his present job responsibilities, and the
				  information called for under Paragraph A.2 of this Section.
iii. The names and addresses of any expert in
				  the field of expertise relevant to the lease or leases or operations thereunder
				  who has been retained by the applicant at any time during the past five years
				  and a statement of the nature of such retention. Copies of any report(s)
				  rendered to the applicant by any such expert(s) shall be filed as
				  exhibits.
b.
				  Instruction. It is not sufficient compliance to recite the applicant's
				  intention to rely upon the lessee's experience unless the applicant and lessee
				  have entered into a formal written agreement for a term ending with or after
				  the unexpired portion of the lease, under which the lessee will manage the
				  property or properties subject to the lease. Any such agreement shall be filed
				  as an exhibit to the application.
5. Plans of the Applicant with Respect to the
				  Lease. The application shall describe any plans or proposals of the applicant
				  which relate to exploration, development, production or other operations under
				  the lease or leases, including, without limitation, any loan or proposal to do
				  the following:
a. to increase, reduce or
				  abandon such operations;
b. to
				  retain any person to conduct such operations;
c. to transfer the lease or leases;
d. to seek modification of its or
				  their terms.