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 B - Lease Administration › Section V-941 - Transfer of Interest in or Assignment of an Alternative Energy Source Lease [Formerly LAC 43:I.1141]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				  execution and recordation of a transfer of interest in or assignment of an
				  AESL, a prospective transferee or assignee of an AESL shall schedule a
				  pre-transfer meeting with and submit a transfer package to the board, through
				  OMR, no later than the boards regular meeting for the month prior to the boards
				  regular meeting at which the item is to appear on the boards docket for
				  approval.
B. No transfer or
				  assignment in relation to any AESL shall be valid unless approved by the board
				  prior to the transfer or assignment. Failure to obtain board approval of any
				  transfer or assignment of an AESL prior to transfer or assignment shall subject
				  the transferor or assignor and the transferee or assignee, jointly, severally
				  and in solido, to liquidated damages of $100 per day, beginning on the first
				  day following the execution of the transfer or assignment.
C. Transfers or assignments shall not be
				  granted to prospective leaseholders that are not currently registered with OMR
				  as set forth under §930 of this Chapter.
D. The transfer package shall contain the
				  following items:
1. an official letter from
				  FERC approving the transfer of the federal energy license, if
				  required;
2. two original,
				  unexecuted, unrecorded transfer or assignment instruments designating the
				  operator and the principal alternative energy source lessee authorized to act
				  on behalf of all co-lessees with proof of designation attached.;
3. a Designation of Principal State
				  Alternative Energy Source Lessee and Operator Form completed by each
				  prospective leaseholder;
4. a
				  separate Statement of Conveyance of Alternative Energy Source Lease Form
				  completed for each AESL impacted by the transfer. Each form shall reflect only
				  the gross working interest in the lease existing before and after the
				  conveyance (no net revenue interests shall be considered or
				  reported);
5. a proposed plan of
				  operations that includes all items set forth in §935. C.3.a -l. of this
				  Chapter;
6. any environmental
				  impact documentation supplementing and updating §932. A.5 of this
				  Chapter;
7. a list of project
				  participants who are or will be participating in the planning, development,
				  construction, operation, maintenance, remediation, and/or decommission phases
				  of the proposed AESP, and a brief description of each project participants
				  role;
8. a summary of project
				  financing which shall include, at a minimum, identification of the sources of
				  financing and a discussion of the financing;
9. a list of governmental entities, including
				  each federal, state, parish and local governmental entity that has jurisdiction
				  in the leased area and for each, the contact persons name, title, office
				  address, telephone and fax numbers, and email address, as well as the type of
				  legal authority, if any, acquired or to be acquired from the governmental
				  entity;
10. if AESL operations have
				  commenced, proof of general liability insurance held by the transferee/assignee
				  in a form acceptable to the board as set forth in §954 of this Chapter and
				  proof of financial assurance from the transferee/assignee in a form acceptable
				  to the board as set forth in §953 of this Chapter;
11. a docket fee in the amount of $100 made
				  payable to the "Office of Mineral Resources" to cover the cost of preparing and
				  docketing transfers or assignments of an AESL. A personal or business check
				  shall be acceptable;
12. any other
				  information and documentation required.