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-1027 - Partial or Full Release of a State Wind Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon expiration or termination of a state
				  wind lease, in whole or in part, for any reason, the principle state wind
				  lessee shall execute and record an appropriate instrument of release within 90
				  days of such expiration or termination in each parish wherein the leased
				  premises are located and shall provide the State Mineral Board through the
				  Office of Mineral Resources with a copy of the recorded instrument of release
				  from each parish wherein it is recorded properly certified by the recorder for
				  that parish. In the event the principle state wind lessee fails to comply, all
				  the state wind lessees currently of record jointly, severally and in solido
				  shall be subject to liquidated damages of $100 per day beginning on the
				  ninety-first day after expiration or termination, as well as reasonable
				  attorney fees and costs incurred should suit be brought for lease
				  cancellation.
B. The release
				  instrument shall provide the state wind lease number and be signed by the
				  principle state wind lessee, with the signature duly witnessed and notarized.
				  Failure to follow the notarization requirements of
				  R.S.
				  35:12 shall be grounds for the release
				  instrument to be rejected.
C. If a
				  party wants to release only a portion of the leased acreage, he shall contain
				  the whole of the retained acreage, including the buffer acreage within the
				  boundaries set forth in §1029. C.1 a-c, within a single contiguous block
				  of acreage. For a partial release only, the party shall also provide the
				  following items.
1. A written property
				  description, fully justified, using Microsoft Word. The first part shall
				  describe and provide the amount of state owned acreage released. The second
				  part shall describe and provide the amount of state owned acreage retained. Use
				  X-Y Coordinates based on the Louisiana Coordinate System of 1927, North or
				  South Zone (as applicable), starting with an X-Y point of beginning and using
				  distance and bearings to each X-Y corner or turning point. Use calculations,
				  closures and ties to existing state wind leases that comply with generally
				  accepted surveying standards. Provide one original paper copy and one
				  electronic copy as a Word .doc file named "released.doc" on the release
				  diskette.
2. A plat that clearly
				  delineates the boundaries of and sets forth the state owned acreage amount
				  released and the state owned acreage amount retained. Use an 8 1/2 x 11 copy of
				  the most recent edition of the 7 1/2 minute USGS Quadrangle Map (scale 1" =
				  2000' or 1" = 3000'; or the block system of 1" = 4000', if applicable). Use X-Y
				  Coordinates based on the Louisiana Coordinate System of 1927, North or South
				  Zone (as applicable), starting with an X-Y point of beginning and using
				  distance and bearings to each X-Y corner or turning point. Use calculations,
				  closures and ties to existing state wind leases that comply with generally
				  accepted surveying standards. Provide one original paper copy and one
				  electronic copy included as a .pdf file named "released.pdf" on the release
				  diskette.
3. A .dxf file that
				  contains only the boundary of the acreage portion to be released, named
				  "released.dxf" and provided on the release diskette. This boundary shall be a
				  single line with no additional lines, labels, text, or graphics, and shall be
				  constructed of individual line segments between vertices. The X-Y coordinates
				  in the .dxf file must exactly match those in the written property description
				  and the plat.
4. A release diskette
				  clearly labeled "State Wind Lease Release Diskette" that shall have the
				  principal state wind lessee and project names affixed thereon and contain the
				  written property description as a Word .doc file, the plat as a .pdf file, and
				  the .dxf file.