Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 9 - Mineral Resources › Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease › Section I-917 - Content of Application

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, §917
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 §917. 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.