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-932 - Nomination of State Lands and Water Bottoms for an Alternative Energy Source Lease [Formerly LAC 43:I.1132]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Interested, registered parties shall nominate state lands and water bottoms for
				  an AESL by submitting a proposal (hereinafter referred to as a "nomination") by
				  application to the board, through OMR, in the appropriate form required. Each
				  nomination shall include the following:
1. an
				  official letter of application;
2.
				  any title documentation obtained by the nominating party pursuant to §931 A;
3. a written property
				  description of the nominated acreage including the following:
a. the gross acreage amount of state lands or
				  water bottoms, inclusive of any DWF property that may be contained within the
				  nomination area;
b. the net acreage
				  amount of state lands or water bottoms, exclusive of any DWF property that may
				  be contained within the nomination area;
c. the net acreage amount of any DWF property
				  that may be contained within the nomination area;
d. provide the following property description
				  for state lands and water bottoms:
i. use
				  bearing, distance and X-Y coordinates based on the Louisiana Coordinate System
				  of 1927, North or South Zone (as applicable), to accurately and clearly
				  describe the nominated acreage. Determine whether the acreage to be nominated
				  falls in the North Zone or the South Zone of the Louisiana Coordinate System of
				  1927 and provide this information in the nomination package. A single
				  nomination may contain acreage that falls partially in the North Zone and
				  partially in the South Zone. However, the nominated acreage shall be allocated
				  to the zone wherein the majority of the acreage falls and use that zone's
				  coordinates (see
				  R.S.
				  50:1);
4. a plat of the nominated acreage using the
				  most recent background imagery and using X-Y coordinates based on the Louisiana
				  Coordinate System of 1927, North or South Zone (as applicable). Each plat shall
				  include:
a. an outline of the nominated
				  acreage with a designated point of beginning and corners using X-Y coordinates
				  that exactly match the X-Y coordinates for the point of beginning and corners
				  provided in the written property description, clearly labeled
				  therein;
b. an outline of the state
				  lands and/or water bottoms included within the nomination area, clearly labeled
				  along with the amount of acreage contained therein;
c. an outline of any DWF property, school
				  indemnity lands, tax adjudicated lands, vacant state lands, White Lake, or
				  legal areas, included within the nomination area, clearly labeled along with
				  the acreage amount contained in each;
d. an outline of each active or non-released
				  land use agreement granted by the state, including, but not limited to, an
				  AESL, state mineral lease, state operating agreement, state exclusive
				  geophysical agreement, state non-exclusive seismic permit, state right-of-way,
				  and/or state surface/subsurface agreement, as well as any nomination tract
				  approved for advertisement or advertised as offered for a state mineral lease,
				  state operating agreement, or state exclusive geophysical agreement abutting,
				  adjacent to, intersecting, and partially/wholly enclosed in the nomination
				  area, clearly labeled with its official number along with the acreage amount
				  contained therein.
e. all water
				  bodies, clearly labeled;
f. all
				  section, township and range information;
g. An outline of all Port Authority property
				  in the nomination area with jurisdictional boundaries clearly
				  delineated.
5. A summary
				  of all environmental issues, including the potential environmental impacts
				  resulting from the construction, operation, and placement of the alternative
				  energy source and other facilities and equipment necessary for the exploration,
				  development and production of an alternative energy source, and the steps
				  proposed to minimize and mitigate the environmental impact, along with any
				  supporting environmental impact documentation.
6. A list of governmental entities, including
				  each federal, state, parish or local governmental entity, having jurisdiction
				  in the nomination 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. Included in this list shall be all port authority districts in the
				  nomination area with complete contact information.
7. A copy of the preliminary permit, license,
				  exemption, or other authorization issued by FERC pursuant to its authority
				  under the Federal Power Act,
				  16
				  U.S.C. 791 a, et seq
.,
if
				  required.
8. A summary of the
				  overall specified AESP, including status of site control (progress with leasing
				  and/or permitting other properties within the entire AESP boundaries) and
				  application process with the transmission provider, as well as a time frame for
				  the project to become operational.
9. A summary of the alternative energy source
				  development proposed on the state lands or water bottoms sought to be leased,
				  including a plat, the layout of the specified alternative energy source power
				  and transmission facilities, proposed alternative energy source equipment
				  information (size, location, number, type and depth of installation, turbine
				  make, and nameplate power production capacity), placement information of
				  equipment, whether the alternative energy source will be affixed to existing
				  platforms or state owned structures or, if there will be a necessity to
				  construct new platforms, selection criteria used, and supporting
				  infrastructure.
10. The status and
				  timeline of the major milestones in the AESP development, production, and
				  decommissioning.
11. The measures
				  proposed to reduce risk to the state, including, but not limited to, a summary
				  of compliance with any and all standards established by state, national and
				  international agencies, institutes, commissions or associations and any other
				  entity responsible for establishing the alternative energy source industry
				  standards. Standards for the alternative energy source development/operations
				  include, but are not limited to, turbine safety and design, power performance,
				  noise/acoustic measurement, mechanical load measurements, blade structural
				  testing, power quality, and siting.
12. A summary of how the use of the state
				  lands or water bottoms for the development and production of the alternative
				  energy source will be coordinated with other users of the state lands or water
				  bottoms, including the operation of ports, harbors, or terminal districts,
				  shipping and recreational interests, dredging operations, and navigation
				  safety.
13. A summary of
				  contingency plans and emergency shut-down procedures to be followed, including
				  the circumstances to initiate such procedures, in the event of danger or damage
				  to life, water craft or facilities as a result of collision, dredging,
				  anchorage, search and rescue operations, or unforeseen events.
14. A summary of the procedure for
				  installation, recovery and repair of damaged turbines and equipment with
				  minimal impact to navigation, shipping and recreational interests.
15. A summary of all study results, including
				  copies of the complete final study reports, and all study data acquired by the
				  applicant in a format agreeable to OMR, for all studies conducted by the
				  applicant, for the area described in the lease application.
16. Any other information and documentation
				  required by the board through OMR.