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-1023 - Issuance and Execution of State Wind Lease Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Mineral Resources collects
				  the entire dollar amount (bonus) and 10 percent administrative fee within 24
				  hours of state wind lease award, assigns a state wind lease number to each bid
				  accepted by the State Mineral Board, prepares the state wind lease contract as
				  awarded, and circulates the final contract of lease for execution, proper
				  recordation in the appropriate parish public records, and timely return within
				  20 days for filing in the official state wind lease files.
B. Payment of the entire dollar amount
				  (bonus) and 10 percent administrative fee shall be due within 24 hours of state
				  wind lease award. Payment of both sums may be made in one payment and shall be
				  made to the Office of Mineral Resources via certified funds or wire transfer
				  and all proceeds shall be negotiated and transmitted for processing in
				  accordance with law. The lease contract shall not be mailed out to the wind
				  lessee until the entire dollar amount (bonus) and 10 percent administrative fee
				  are received by the Office of Mineral Resources.
C. After the Office of Mineral Resources
				  receives the entire dollar amount (bonus) and 10 percent administrative fee,
				  personnel shall mail at least three original state wind lease contracts,
				  properly executed by the State Mineral Board, to the state wind lessee per the
				  bidder name and contact information provided in the official bid form via
				  certified USPS mail return receipt requested.
D. Upon receipt of the lease packet via
				  certified mail, the state wind lessee has 20 days from the date on the
				  certified mail receipt or, if no date is affixed thereon, from the date the
				  Office of Mineral Resources receives the certified mail receipt, to return one
				  fully executed original lease contract and the recordation information from
				  each parish wherein it is recorded to the Office of Mineral Resources. Failure
				  to return one fully executed original lease contract and the recordation
				  information from each parish wherein it is recorded to the Office of Mineral
				  Resources within 20 days may result in forfeiture of the lease including the
				  dollar amount (bonus) and 10 percent a dministrative fee. Further, failure to
				  follow the notarization requirements of
				  R.S.
				  35:12 shall cause the lease to be
				  rejected.
E. A party may request
				  proof that a particular state wind lease granted by the State Mineral Board was
				  timely executed by using the official form available from the Office of Mineral
				  Resources. Proof of timely execution of lease consists of a certificate issued
				  by the Office of Mineral Resources certifying that the lease was received in
				  the Office of Mineral Resources, duly executed by the lessee, within the
				  allotted 20 day period. There is a fee of $5 for providing proof of timely
				  execution of lease.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 41:1734.