reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 1 - Natural Resource Damage Assessment › Subchapter D - Administration › Section XXIX-127 - Administrative Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative record, which must be opened concurrently with issuance of the
				  notice of intent to conduct restoration planning (as per
				  §123 of this
				  rule) shall contain documents relied upon by the state trustees in selecting
				  appropriate assessment procedures and protocols and in developing restoration
				  plans. The purpose of the administrative record is to ensure documentation of
				  the state trustees' decisions.
B.
				  The administrative record shall be developed and maintained by the lead
				  administrative trustee. All closed administrative records from unauthorized
				  discharges of oil under the jurisdiction of the coordinator, shall be
				  maintained by the coordinator as required by the Louisiana Public Records Act
				  (R.S. 44:1 et
				  seq.).
C. Each administrative
				  record shall contain, at a minimum:
1. all
				  final documents and references to documents used by state trustees in selecting
				  state assessment procedures and protocols, and in developing restoration plans;
				  and
2. all technical, scientific
				  and economic information discovered and relied upon by the state trustees
				  during the assessment; and
3. the
				  notice of intent to conduct restoration planning; and
4. the field investigation report and all
				  other information considered in the pre-assessment phase; and
5. a copy of the assessment and the
				  restoration plan as presented to the responsible party; and
6. all correspondence, agreements, and other
				  documents related to the role of the responsible party in the assessment
				  process; and
7. comments received
				  from the public and the state trustees' response to those comments.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 1 - Natural Resource Damage Assessment › Subchapter D - Administration › Section XXIX-129 - Recovery of Damages

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  developing a restoration plan, the coordinator must present a written demand to
				  the responsible party. Delivery of the demand should be made in a manner that
				  establishes the date of receipt by the responsible party. The demand must
				  invite the responsible party to either:
1.
				  implement the final restoration plan subject to state trustee oversight and
				  reimburse the trustees for their response costs and costs associated with the
				  development of the damage assessment and restoration plan; or
2. advance to the trustees a specified sum
				  representing trustee response and assessment costs and all trustee costs
				  associated with implementing the final restoration plan.
3. negotiate and purchase the credit(s)
				  specified by the state trustees from a restoration bank certified under LAC
				  43:XXXI.Chapter 1, provided that the offered credit price is consistent with
				  the requirement for cost-effective restoration under OPA and OSPRA. Should the
				  state trustees determine that the price being offered for the purchase of the
				  credit(s) is not cost-effective (as that term is defined in OPA and OSPRA rules
				  and regulations) the state trustees may elect to propose and select other
				  restoration alternatives consistent with the requirements of OPA and OSPRA.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 1 - Natural Resource Damage Assessment › Subchapter D - Administration › Section XXIX-131 - Settlements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A negotiated
				  settlement is a binding agreement in which the responsible party agrees to pay
				  the state trustees a certain amount or to perform certain restoration,
				  rehabilitation, replacement, acquisition. The coordinator, in consideration of
				  the responsible party's agreement in writing, will agree to release the
				  responsible party from further liability for damages to natural resources
				  resulting from an unauthorized discharge of oil. Such release shall not be
				  executed until after the payment is received by the state trustees or until
				  after the restoration, rehabilitation, replacement, acquisition and/or relevant
				  research project is certified complete by the coordinator. Release from
				  liability by the coordinator does not release the responsible party from
				  liability to federal trustees, or for response costs, unless specifically
				  included in the settlement agreement. The coordinator, in consultation with and
				  with agreement of the state natural resource trustees, may consider, and settle
				  any filed or developing claim on behalf of the state on such terms as are fair,
				  reasonable, and in the public interest.
B. The draft agreement between the state
				  trustees and the responsible party shall be subject to public review and
				  comment as set forth in
				  §135 of this
				  Chapter (relating to public participation) and shall provide:
1. that title to real or personal property
				  acquired as compensation for injured natural resources may vest in a public
				  entity only where the terms and conditions for that entity's acceptance of
				  title are met;
2. that criteria for
				  certification of project completion are specifically enumerated; and
3. for all items necessary to ensure
				  restoration, rehabilitation, replacement and/or acquisition of equivalent
				  natural resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 1 - Natural Resource Damage Assessment › Subchapter D - Administration › Section XXIX-133 - Mediation

Current through Register Vol. 50, No. 6, June 20, 2024
A. No state trustee
				  or responsible party may invoke the jurisdiction of any court over a disputed
				  natural resource damage assessment claim unless and until the assessment claim
				  has been referred to mediation pursuant to this Section.
B. The mediation process required by
				  R.S.
				  30:2480.G shall be conducted pursuant to this
				  Subsection.
1. The coordinator, within 10
				  days of receipt of the written notice that the responsible party is disputing
				  the assessment claim, shall send written notification to all parties of the
				  referral to mediation.
2. Each side
				  is entitled to one mediator. If the state trustees and the responsible party
				  agree on a single person to serve as mediator, then that person shall be the
				  only mediator.
3. Any designated
				  mediator must have completed a minimum of 40 classroom hours of mediation
				  training in a course conducted by an alternative dispute resolution system or
				  other dispute resolution organization. This requirement may be waived for any
				  mediator only with the unanimous consent of all state trustees and all
				  responsible parties. A mediator conducting a mediation under this Section shall
				  act as an impartial third party and be subject to the standards and duties set
				  forth.
4. Before appointment of the
				  mediator is final, any prospective mediator shall submit complete disclosure
				  statements for the approval of all parties, which statements shall include a
				  resume of experience, together with a declaration describing all past, present,
				  and anticipated future relationships related to the subject matter of the
				  dispute and with all parties and their agents or representatives involved in
				  the dispute.
5. After appointment
				  as a mediator and thereafter throughout the mediation process, the mediator
				  shall not acquire any ownership or any other financial interest in, nor shall
				  be employed by or act as a consultant to, any party to the dispute or the agent
				  or representative of any party to the dispute, and during this period shall not
				  engage in any discussion or make any agreement with any party to the dispute or
				  the agent or representative of any party to the dispute, regarding the
				  acquisition of any ownership or financial interest, employment, or consulting
				  activity after the mediation process is completed. Provided, however, that the
				  parties to the mediation, by unanimous consent, may waive these restrictions
				  specifically, in writing, upon full disclosure of the facts by the
				  mediator.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 1 - Natural Resource Damage Assessment › Subchapter D - Administration › Section XXIX-135 - Public Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  coordinator shall give public notice through the use of the
Louisiana
				  Register
, the official state journal, the official journal of the
				  parish, and at least one newspaper of general circulation serving the impacted
				  area at the time that a notice of intent to conduct restoration planning is
				  issued to the responsible party.
B.
				  The coordinator shall provide for a public hearing and comment period
				  consistent with
				  R.S.
				  30:2480.I following the issuance of an
				  assessment and restoration plan consistent with
				  R.S.
				  30:2480.I.
C. The coordinator shall not execute any
				  documents which relieve a responsible party from liability for damages
				  resulting from injury to natural resources until the public comment period has
				  expired.
D. When an equivalent
				  resource plan (e.g., regional restoration plan) is proposed for adoption by the
				  state trustees, the coordinator and the state natural resource trustees may
				  conduct, upon the request of any member of the public, a public hearing on the
				  proposed plan.
E. The public
				  hearing shall be convened in or near the area covered by the equivalent
				  resource plan.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 30:2451, et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 2 - Rulemaking Petitions › Section XXIX-201 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In accordance with
				R.S.
				49:953(C)(1), any interested
				person may petition an agency to adopt a new rule, or to amend or repeal an
				existing rule.
B. To petition the
				Louisiana Oil Spill Coordinator's Office for the adoption, amending or repeal
				of any rule, an interested person shall submit in writing the Department of
				Public Safety's petition for rulemaking form to: Louisiana Oil Spill
				Coordinator's Office, 7979 Independence Boulevard, Suite 104, Baton Rouge, LA
				70806, Attn: Rulemaking Petition, which contains the following basic
				information organized and captioned:
1. the
				petitioner's name and address;
2.
				the specific rulemaking agency to be petitioned within the Department of Public
				Safety as listed on the form;
3. a
				brief description of the facts or justification supporting the petitioner's
				request for the adoption of a rule or the amending of a rule that has already
				been adopted;
4. suggested specific
				language or language setting forth the substance of the proposed rule or rule
				change that is being requested, which may be attached to, or in addition to,
				the petition for rulemaking form;
5. a copy of each and every document upon
				which the petitioner bases the request for a rule or a citation of the
				information and where it can be easily obtained for review by the rulemaking
				agency; and
6. the petitioner's
				signature and date of signature.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXIX - Oil Spill Prevention and Response › Chapter 2 - Rulemaking Petitions › Section XXIX-203 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of a petition for rulemaking
				form, the deputy coordinator shall forward the petition to the agency designee.
				The agency designee shall review the petition for completeness pursuant to the
				requirements listed in LAC 43:XXIX.201.B. If the petition is found to be
				complete, the agency designee shall consider the petition.
B. Within 90 days of receipt of the petition,
				the deputy coordinator or designee shall either:
1. initiate rulemaking procedures to adopt a
				new rule, or to amend an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s) therefore.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter A - General Provisions › Section XXXI-101 - Purpose/Declaration and Intent

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  release of oil into Louisianas coastal area presents a real and substantial
				  threat to public health and welfare, the environment, wildlife and aquatic
				  life, and the economy of the state. The Coastal Protection and Restoration
				  Authority (CPRA) Board adopts these regulations pursuant to
				  R.S.
				  49:214.5.2(H). The purpose
				  of these regulations is to establish a Natural Resource Damage (NRD)
				  Restoration Banking Program to fully or partially resolve a responsible partys
				  NRD liability under the Oil Pollution Act of 1990 (OPA),
				  33
				  U.S.C. §
											2701 et seq., and the Oil Spill
				  Prevention and Response Act (OSPRA),
				  R.S. 30:2451 et
				  seq. This Chapter is intended to support and complement OPA and OSPRA. These
				  regulations establish procedures for the certification and operation of NRD
				  restoration banks.
B. This NRD
				  Restoration Banking Program is designed to allow, encourage, and incentivize
				  private investors to undertake restoration projects and generate restoration
				  credits that responsible parties can purchase to fully or partially resolve NRD
				  liabilities from oil spills under OPA and OSPRA. This program will provide
				  up-front restoration in the Louisiana coastal area, allow for the
				  implementation of large scale restoration projects, and provide greater
				  ecosystem benefits in an efficient and cost-effective manner, as compared to
				  spill-by-spill restoration actions. Notwithstanding any provision of this
				  Chapter, the Natural Resource Damage Assessment (NRDA) trustees retain final
				  authority whether to propose and select the purchase of credits from certified
				  NRD restoration banks or another option as preferred alternatives to restore
				  for injuries resulting from a particular oil spill.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:214.5.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter A - General Provisions › Section XXXI-103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to any unauthorized discharge of oil, as defined in OPA and OSPRA,
				  occurring in the Louisiana coastal area for which the NRDA trustees determine,
				  pursuant to
				  R.S.
				  30:2480, to proceed under this Chapter The
				  NRDA trustees may authorize the purchase of credits from certified NRD
				  restoration banks to restore for injuries from any unauthorized discharge of
				  oil for which a preferred restoration alternative has not already been
				  selected. This includes, but is not limited to, using settlement funds to
				  purchase credits from an NRD restoration bank.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:214.5.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter A - General Provisions › Section XXXI-105 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				  or provision of this Chapter or the application of that Section or provision to
				  any party, situation, or circumstance is determined to be invalid by a court of
				  competent jurisdiction for any reason, such adjudication shall not affect any
				  other Section or provision of this Chapter, or the application of the
				  adjudicated Section or provision to any other party, situation, or
				  circumstance. To this end, the provisions of this Chapter are declared to be
				  severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:214.5.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-109 - Natural Resource Damage Banking Review Team (BRT)

Current through Register Vol. 50, No. 6, June 20, 2024
A. CPRA shall convene the BRT to implement
				  the NRD Restoration Banking Program. The state trustees, or their designees,
				  shall be standing members of the BRT. CPRA shall serve as the BRT chair The BRT
				  may consult with or invite other state and federal agencies (including federal
				  NRDA trustees) as appropriate for review and certification of specific NRD
				  restoration banks. The primary duties of the BRT are:
1. to review documents submitted by potential
				  restoration bank sponsors, including the prospectus, restoration bank plan,
				  restoration banking instrument, and other appropriate/requested documents to
				  determine whether proposed NRD restoration banks qualify for the NRD
				  Restoration Banking Program;
2. to
				  work with potential restoration bank sponsors on the development of restoration
				  credits (including establishing the number and types of credits an NRD
				  restoration bank will generate and a credit release schedule), appropriate
				  financial assurances, and required project monitoring and long-term management
				  activities (if such long-term management activities are appropriate for the
				  bank);
3. to seek public review and
				  comment on the restoration bank plan;
4. to certify NRD restoration
				  banks;
5. to review construction,
				  monitoring, and other required reports to determine if corrective actions or
				  adaptive management activities are necessary and to approve the release of
				  credits for an NRD restoration bank; and
6. to ensure compliance with the terms and
				  conditions of NRD restoration bank certification as set forth in the
				  restoration banking instrument.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-111 - NRD Restoration Banking Program Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In determining the eligibility of a
				  proposed NRD restoration bank, the BRT shall consider the following factors:
1. the potential restoration bank sponsors
				  compliance history, including but not limited to compliance with federal,
				  state, parish, and local laws, rules, regulations, policies, and
				  programs;
2. the proposed financial
				  assurances submitted pursuant to these regulations;
3. the sponsors proposed actions to restore,
				  rehabilitate, or replace the equivalent of natural resources and services
				  likely to be injured by oil spills in the Louisiana coastal area;
4. how the implementation of the NRD
				  restoration bank will affect (positive or negative) natural resources, cultural
				  resources, land ownership, and encumbrances;
5. whether the NRD restoration bank is
				  consistent with the goals and objectives of the coastal master plan;
				  and
6. any other information deemed
				  appropriate by the BRT.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-113 - Landowners

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				  proposing any NRD restoration bank, it is the responsibility of the sponsor to
				  investigate any potential effect on the rights of nearby landowners. Any
				  dealings with landowners carried out by the sponsor, including but not limited
				  to the purchase or acquisition of property or right-of-way, must be detailed in
				  the land rights section of the prospectus to be submitted by the
				  sponsor.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:214.5.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-115 - Prospectus

Current through Register Vol. 50, No. 6, June 20, 2024
A. To begin the
				  process of establishing an NRD restoration bank, potential sponsors must submit
				  a prospectus to the BRT chair that contains the following information:
1. potential sponsor information:
a. identification of submitting
				  party;
b. domiciliary
				  address;
c. name of the agent or
				  contact if applicant is an entity such as an LLC or corporation; and
d. mailing address of the agent, if different
				  from that of the identified applicant;
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-117 - Restoration Bank Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete
				  restoration bank plan shall, at a minimum, contains the following components:
1. sponsor information;
2. site ownership;
3. detailed project description and work
				  plan, including items in §115. B 2-6 above, as well as the following
				  information:
a. soil/sediment
				  information;
b. drainage
				  patterns/hydrology;
c. presence,
				  type, density, and condition of existing regulation;
d. description of any man-made
				  structure;
e. current on-site
				  habitat loss rates; and
f. planting
				  plan;
4. restoration
				  goals and objectives;
5.
				  determination of credits (includes number and types of credits), including, for
				  multi-use restoration banks, a description of a process and internal controls
				  to prevent double counting;
6.
				  financial assurance;
7. credit
				  release schedule;
8. performance
				  criteria;
9. monitoring
				  requirements;
10. long-term
				  management plan, including proposed conservation restrictions (if applicable);
				  and
11. other information deemed
				  necessary by the BRT to determine the appropriateness, feasibility, and
				  practicability of the restoration bank.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-119 - Restoration Banking Instrument

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Components of Restoration Banking Instrument. The restoration banking
				  instrument shall, at a minimum, contain the following components:
1. restoration bank plan;
2. provision stating that the legal
				  responsibility for providing restoration lies with the sponsor once credits are
				  secured by the responsible party;
3. accounting and reporting
				  requirements;
4. risk management,
				  indemnity, and insurance requirements;
5. default and closure provisions;
6. force majeure clause (identification of
				  sponsor responsibilities in the event of catastrophic events that are beyond
				  the sponsors control); and
7. any
				  other information deemed necessary by the BRT.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-121 - NRD Restoration Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Determining
				  and Establishing Credits. The principal units for restoration credits are
				  anticipated to be acres, reflecting the anticipated post-construction number of
				  acres by habitat type and minimum performance criteria compared to
				  pre-construction acres by habitat type and key measures of habitat condition.
				  The BRT will consider other units of restoration credits on a case-by-case
				  basis.
B. Release of Restoration
				  Credits Schedule
1. The BRT shall determine
				  the release of restoration credits schedule for each individual NRD restoration
				  bank, in coordination with the sponsor. Release of restoration credits must be
				  tied to achievement of performance-based milestones (e.g., construction,
				  planting, or establishment of specified plant and animal communities). After a
				  prospectus is approved, the BRT will work with the bank sponsor to develop a
				  proposed release of restoration credit release schedule for inclusion in the
				  restoration bank plan.
2. The terms
				  of the release of restoration credits schedule will be finalized after review
				  of public comments to the restoration bank plan and must be specified in the
				  restoration banking instrument. When an NRD restoration bank is implemented and
				  is achieving the performance-based milestones specified in the release of
				  restoration credits schedule, restoration credits shall be released in
				  accordance with the approved release of restoration credits schedule. If the
				  NRD restoration bank fails to meet, or substantially exceeds, those
				  performance-based milestones, the BRT may modify the release of restoration
				  credits schedule, as well as reduce or increase the total number of restoration
				  credits, as appropriate.
3. A
				  limited number of restoration credits (no more than 20 percent) may be
				  available for sale by NRD restoration banks prior to initiating construction
				  provided the following requirements are met:
a. resolution of any land rights
				  issues;
b. compliance with any and
				  all pre-construction regulatory requirements, including obtaining
				  permits;
c. establishment and
				  maintenance of adequate and current financial assurance;
d. execution of the restoration banking
				  instrument;
e. achievement of 60
				  percent engineering and design, including feasibility studies and/or
				  alternative(s) analyses; and
f. any
				  other pre-construction requirements set forth in the restoration banking
				  instrument.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-127 - Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. It is the sponsors obligation to comply
				  with the terms of NRD restoration bank certification as set forth in the
				  restoration banking instrument. If the BRT believes that a sponsor is out of
				  compliance with a restoration banking instrument, it must notify the sponsor in
				  writing and set forth the corrective actions that the sponsor must undertake to
				  bring a bank in compliance and the time within which the sponsor must perform
				  such actions.
2. If the sponsor
				  fails to come into compliance in the period specified in the BRTs written
				  notice, the BRT may suspend the sale of restoration credits to bring an NRD
				  restoration bank in compliance with the terms and conditions of the restoration
				  banking instrument. If the BRT suspends the sale of restoration credits,
				  restoration credits may not be debited until the BRT lifts the suspension and
				  notifies the sponsor in writing that the sale of credits may be
				  resumed.
3. If the BRT is made
				  aware of any action to suspend or bar the sponsor from participation in any
				  other regulatory program, the BRT may in its discretion suspend the sponsor
				  from the sale of credits for the duration of the nonconformity with the other
				  program, or such shorter time as it deems appropriate.
4. Suspension of the sale of restoration
				  credits under Subparagraphs 2 or 3 of this Subsection above does not preclude
				  CPRA from exercising its rights secured by financial assurances issued under
				  §126 above.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 1 - Natural Resource Damage Restoration Banking › Subchapter B - NRD Restoration Banking Framework › Section XXXI-129 - Reconsideration of Final Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  An NRD bank sponsor may file an application for reconsideration with the
				  executive director of CPRA. An application for reconsideration must be received
				  by the executive director within 15 days of the mailing of the final decision.
				  Applications of reconsideration shall be limited to final decisions regarding a
				  restoration bank plan or credit release determination.
B. An application for reconsideration shall
				  be in writing, set forth the grounds that justify reversal of the original
				  decision, and include all evidence or argument the applicant wants
				  considered.
C. The executive
				  director shall consider the application for reconsideration and render a
				  decision, in writing, within 30 days of its receipt.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:214.5.2.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-201 - Purpose and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. The purpose of this Chapter is to enable
				the executive director to protect the state of Louisiana and its citizens from
				coastal and wetland degradation, hurricanes, and flooding by entering into
				voluntary coastal mineral agreements with certain landowners to obtain real
				property and rights in real property, in order to facilitate the development,
				design, or implementation of plans or projects for coastal conservation,
				restoration, protection, or management, including hurricane protection or flood
				control.
2. This Chapter sets forth
				the procedures pursuant to which the executive director may enter into such
				coastal mineral agreements.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-203 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				definitions shall apply for purposes of this Chapter, unless specifically
				defined otherwise.
Acquiring Authority
-as defined by
				  R.S.
				  31:149.
Acquired Land
-ownership of, or other rights
				  in, existing or emergent land acquired or proposed to be acquired by an
				  acquiring authority pursuant to an agreement under this Chapter.
Agreement
-an agreement entered into pursuant
				  to this Chapter, as authorized by
				  R.S.
				  41:1702. Such an agreement may be referred to
				  as a coastal mineral agreement.
Integrated Coastal Protection Project
-as
				  defined by
				  R.S.
				  49:214.2.
CPRA
-Louisiana Coastal Protection and
				  Restoration Authority.
Emergent Land
-as defined by
				  R.S.
				  41:1702(D)(2)(e).
Eroded Land
-land lost through erosion,
				  compaction, subsidence, or sea level rise occurring on and after July 1, 1921;
				  or any land lost by erosion, compaction, subsidence, or sea level rise on the
				  landward side of the coast of the Gulf of Mexico, as that coast is defined in
				  the decree of the United States Supreme Court dated June 16, 1975, in United
				  States v. State of Louisiana, No. 9 Original (Tidelands Case), regardless of
				  whether the erosion occurred before July 1, 1921.
Executive Director
-executive director of the
				  Louisiana Coastal Protection and Restoration Authority or his designee.
Existing Land
-land, including non-navigable
				  water bottoms, owned by an owner as of the effective date of the
				  agreement.
Facilitate
-enable, assist in, further, or
				  remove an impediment to the development, design, implementation, or maintenance
				  of an integrated coastal protection project.
Owner
-a person who owns land or
				  non-navigable water bottoms affected or proposed to be affected by an
				  agreement. In the case of undivided interests, the owners of all such undivided
				  interests shall be considered as the owner for purposes of this Chapter, unless
				  otherwise approved by the executive director.
Reclamation Right
-the potential right to
				  seek reclamation or recovery of eroded land and any such appurtenant rights,
				  including oil, gas, and mineral rights, as provided and limited by
				  R.S.
				  41:1702(B).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1702.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-205 - Provisions Applicable to all Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discretion of the Executive Director
1. Subject to approval of any agreement by
				the House and Senate Committees on Natural Resources, the executive director
				shall have complete and final discretion regarding whether to enter into any
				agreement, and if so, regarding the terms of the agreement, including but not
				limited to the location and configuration of lands, water bottoms, or
				subsurface mineral rights affected or conveyed by the agreement and the nature
				and extent of any interests affected, established, or conveyed by the
				agreement.
2. An agreement may
				contain any term that is within any authority of the executive director, when
				the executive director determines that inclusion of the term is in the best
				interests of the state.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-207 - Agreements to Facilitate Integrated Coastal Protection Projects (Type 1 Agreements)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required
				Determinations. The executive director may enter into an agreement under this
				Section (also referred to as a type 1 agreement) with an owner when the
				executive director determines:
1. that an
				integrated coastal protection project would likely be facilitated by acquiring
				ownership of, servitudes over, and/or other interests in existing land owned by
				the owner holding reclamation rights; and/or that an integrated coastal
				protection project would likely be facilitated by acquiring any rights in
				eroded land claimed by an owner holding reclamation rights; and
2. that the person contracting with the state
				is an owner who holds marketable title to the property or property rights to be
				conveyed by him, and/or to property providing him with reclamation rights. This
				requirement may be satisfied by a title opinion;
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-209 - Agreements to Facilitate Integrated Coastal Protection Projects Through Acquisitions (Type 2 Agreements)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required
				Determinations. The executive director may enter into an agreement under this
				section (also referred to as a type 2 agreement) with an owner as an acquiring
				authority, or with an acquiring authority and an owner, when the executive
				director determines:
1. that an integrated
				coastal protection project would likely be facilitated by the proposed
				acquisition of land from the owner;
2. that the principal purpose of entering
				into the agreement would be to facilitate an integrated coastal protection
				project by the state, its political subdivisions, or by the state and federal
				government;
3. that the purported
				owner is an owner who holds marketable title to the property or property rights
				to be conveyed by him, and/or to property providing him with reclamation
				rights. This requirement may be satisfied by a title opinion; and
4. that the purported acquiring authority is
				an acquiring authority. It is specifically contemplated that the state or any
				of its subdivisions, departments, or agencies may be an acquiring authority and
				enter into agreements under this Section to acquire land for the principal
				purpose of facilitating an integrated coastal protection project.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-211 - Publication, Approval, Execution, and Recordation of Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Publication.
				When the executive director proposes to execute any agreement under this
				chapter, the executive director shall publish the proposed agreement as
				provided in the Administrative Procedures Act,
				R.S.
				49:953. The agreement shall be published in
				the
Louisiana Register
at least once, the first publication of
				which shall be at least 100 days before the legislative bodies may act on
				it.
B. Review by Legislative
				Committees. At least 100 days after the first publication of the proposed
				agreement, the executive director shall submit it for review and approval to
				the House and the Senate Committees on Natural Resources.
C. Execution or Renegotiation by the
				Executive Director. Upon approval by the House and Senate Committees on Natural
				Resources, the executive director may execute the agreement.
1. If the House or Senate Committee on
				Natural Resources disapproves the agreement or request amendments, the
				executive director may renegotiate the agreement so as to meet the objections
				or amendments identified by such committee. The executive director may elect to
				discontinue negotiations and decline to enter into the agreement.
2. Upon successful renegotiation, the
				executive director shall republish and resubmit the renegotiated Agreement to
				the House and Senate Natural Resources Committees as set forth above.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XXXI - Coastal Protection and Restoration Authority › Chapter 2 - Coastal Mineral Agreements › Section XXXI-213 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				aggrieved either by a substantive agency decision made pursuant to the
				provisions of this Chapter, including interlocutory decisions relating to
				boundaries and determinations of areas reclaimed, or by a failure of the agency
				to render such decisions timely, may seek immediate judicial review of the
				agency action. Proceedings for review of decisions by the CPRA may be
				instituted by filing a petition in the Nineteenth Judicial District Court
				within 30 days after mailing of notice of the final decision by the executive
				director. Any party may be granted a trial de novo if requested in the petition
				instituting the judicial review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1702.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 1 - General Provisions › Section I-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the
				authority of
				R.S.
				37:144 and in accordance with the provisions
				of R.S.
				49:950 et seq., the Board of Architectural
				Examiners adopted the following.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 1 - General Provisions › Section I-103 - Rule Making Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana State Board of Architectural Examiners operates pursuant to these
				rules, adopted under the authority of R.S. 1950, Title 37, Chapter 3 as
				amended.
B. For purposes of these
				rules, the term
architect
means a person who is technically
				and legally qualified to practice architecture in Louisiana including a
				professional architectural corporation certified by the board pursuant to the
				provisions of
				R.S.
				12:1086 et seq., an architectural-engineering
				corporation certified by the board pursuant to the provisions of
				R.S.
				12:1171 et seq., and a limited liability
				company certified by the board pursuant to the provisions of
				R.S.
				12:1301 et seq. The term
board
means the Louisiana State Board of Architectural
				Examiners.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-301 - Executive Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name and
				address of the person designated by the board upon whom service of process may
				be served in judicial procedures against the board is the executive director at
				the address of the official place of business of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-303 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				elect a president and a secretary, each to hold office until their successors
				shall have been elected. The term of office shall be for one year beginning the
				first day of January the ensuing year.
B. The president shall preside at all
				meetings; appoint all committees; sign all certificates of registration issued;
				sign or authorize by signature stamp all checks with the executive director;
				and perform all other duties pertaining to his office.
C. The secretary shall, with the assistance
				of such executive and clerical help as may be required:
1. be the official custodian of the records
				of the board and of the seal of the board and see that the seal of the board is
				affixed to all appropriate documents;
2. sign, with the chairman, certificates of
				licensure; and
3. sign the minutes
				of the board meetings after the minutes have been approved by the
				board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-305 - Other Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may employ such executive, stenographic, and office assistance, including
				an executive director, as is necessary, and shall rent office space as
				necessary to house the staff and records.
B. The board shall employ an executive
				director who shall have possession on behalf of the secretary of all the
				official records of the board and who may, under the supervision of the board,
				perform such administrative and ministerial duties as the board
				authorizes.
C. In discharging its
				responsibilities, the board may engage private counsel, or, as prescribed in
				law, utilize the services of the attorney general. The board may also employ
				such accountants, auditors, investigators, and professionals as it deems
				necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-307 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall be
				at least four regular meetings each year. If the executive director or the
				president decide additional meetings are necessary, a special meeting may be
				called by due notification of all members of the board. A special meeting of
				the board shall be called by the president upon the request of any two members
				by giving at least a 10-day written notice to each member of the time and place
				of such meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-309 - Minutes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minutes of
				all meetings shall be prepared by the executive director and signed by the
				secretary and the president at the next regular meeting. As soon as the minutes
				are prepared, the executive director shall mail them to the membership for
				their comments.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-311 - Conduct of Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				required otherwise, by law or by these rules,
Robert's Rules of
				Order
shall be used in the conduct of business by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-313 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Four members of
				the board constitute a quorum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 3 - Organization › Section I-315 - Official Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Among other
				official records required by law, or by rules of other agencies in support of
				law, there shall be kept in the board offices accurate and current records
				including, but not limited to:
1. minutes of
				all meetings of the board;
2. the
				name and registration number of all persons to whom certificates of
				registration are issued, the last known address of all registrants, and all
				current renewals effected through annual registrations;
3. an individual file for each registrant
				containing the original application, relevant verification and evaluation data,
				examination dates, grades, and date of original registration;
4. alleged violations and any revocation,
				rescission and suspension of licenses; and
5. a system of record keeping correctly and
				currently indicating funds budgeted, spent, and remaining, as well as
				projections of appropriate requests for consideration in budget
				development.