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-942 - Partial or Full Release of an Alternative Energy Source Lease [Formerly LAC 43:I.1142]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  expiration or termination of an AESL, in whole or in part, for any reason, the
				  principle alternative energy source lessee shall execute and record an
				  appropriate instrument of release within 90 days of expiration or termination
				  in each parish wherein the leased premises are located and shall provide the
				  board, through OMR, 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 alternative energy source lessee fails to
				  comply, all other active joint-lessees shall be jointly and solidarily liable
				  for liquidated damages in the amount of $100 per day commencing on day 91 after
				  expiration or termination. The lessee(s) shall also be responsible for
				  reasonable attorney fees and costs incurred should litigation be required for
				  AESL cancellation.
B. The release
				  instrument shall contain the AESL number and shall be signed by the principle
				  alternative energy source lessee, with the signature duly witnessed and
				  notarized. Failure to follow the notarization requirements of
				  R.S.
				  35:12 shall be grounds for rejection of the
				  release instrument.
C. Should a
				  lessee wish to release only a portion of the leased acreage, the lessee shall
				  contain the whole of the retained acreage within a single contiguous block of
				  acreage.
1. For a partial release only, the
				  lessee shall also provide the following items:
a. 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. X-Y coordinates shall be
				  based on the Louisiana Coordinate System of 1927, North or South Zone (as
				  applicable), shall be used, starting with an X-Y point of beginning and using
				  distance and bearings to each X-Y corner or turning point. Calculations,
				  closures and ties to existing AESLs that comply with generally accepted
				  surveying standards shall be used;
b. a plat that clearly delineates the
				  boundaries of and sets forth the state owned acreage amount released and the
				  state owned acreage amount retained. An 81/2" x 11" paper copy of the most
				  recent edition of the 71/2 minute USGS Quadrangle Map (scale 1" = 2000' or 1" =
				  3000'; or the block system of 1" = 4000', if applicable) shall be used. X-Y
				  coordinates based on the Louisiana Coordinate System of 1927, North or South
				  Zone (as applicable) shall be used, starting with an X-Y point of beginning and
				  using distance and bearings to each X-Y corner or turning point. Calculations,
				  closures and ties to existing AESLs that comply with generally accepted
				  surveying standards shall be used;