reglab/statecodes huggingface dataset:
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 F - Special Hydrokinetic Rules › Section V-976 - Hydrokinetic Lease Compliance [Formerly LAC 43:I.1176]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applicants must first obtain approval
				  by FERC for the issuance of a preliminary permit, license, exemption, or other
				  authorization for the development of hydrokinetic energy. The lessee may use
				  the documents submitted and approved by FERC to satisfy the following
				  requirements.
1. The COP may satisfy the
				  requirements of §921 of this Chapter.
2. The Coast Guard recommendations may
				  satisfy the requirements of §922 of this Chapter and any information
				  required concerning navigational safety and maritime security.
3. The report on fish, wildlife, and
				  botanical resources may satisfy the information required of §935. C.3.h of
				  this Chapter to determine the projects impact and mitigation required to
				  protect the fish, wildlife and botanical resources.
4. The report on historical and
				  archaeological resources may satisfy the information required of §935. C.9 of this Chapter to determine the projects impact and mitigation required to
				  protect the historical and archaeological resources of the area.
5. The report on socio-economic impacts may
				  satisfy the requirements of §935. C.3.h of this Chapter.
6. The report on environmental impact may
				  satisfy the requirements of §932. A.5 and §935. C.4 of this
				  Chapter.
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 F - Special Hydrokinetic Rules › Section V-977 - Submission of Bid for Hydrokinetic Energy Source Lease [Formerly LAC 43:I.1177]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All interested
				  registered parties who hold a valid 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., shall submit a bid
				  package on the entirety of the State tract nominated and advertised for State
				  hydrokinetic energy source lease to the board, through OMR, in the form OMR
				  requires by the advertised deadline. Each bid package shall be accompanied by
				  any other documentation and information required.
B. An official bid form is available from
				  OMR. Applicant must provide one originally signed paper copy and no electronic
				  copy.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 1 - General Provisions › Section VI-101 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules and
				  regulations of this Subpart shall be applicable to the commissioner's
				  jurisdiction regarding:
1. areas of ground
				  water concern;
2. ground water
				  emergencies; and
3. management of
				  the state's ground water resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 1 - General Provisions › Section VI-105 - Enforceability of Subpart 1- Ground Water Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. All provisions of this Subpart are
				  enforced pursuant to Louisiana's Ground Water Management Law,
				  R.S.
				  38:3097.1, et seq. Violation of any statute,
				  regulation, rule, or order issued or promulgated pursuant to these laws may
				  result in the issuance of an order requiring compliance and the imposition of a
				  civil penalty consistent with
				  R.S.
				  38:3097.3(E).
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 38:3099 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-301 - Who May Apply-Applicant

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  owner of a well that is significantly and adversely affected as a result of the
				  movement of salt water front, water level decline, or subsidence in or from the
				  aquifer drawn on by such well shall have the right to file an application to
				  request the commissioner to declare that an area underlain by such aquifer(s)
				  is a an area of ground water concern.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 38:3099 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-303 - Notice of Intent to File an Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant shall have published a
				  notice of intent to file an application for an area of ground water concern
				  designation in the official parish journal of each parish affected by the
				  proposed application. Such notice shall include:
1. name, address, and telephone number of the
				  applicant;
2. a brief description
				  of the subject matter of the proposed application;
3. a brief description of location including
				  parish(es), section(s), township(s), range(s), and a map, which shall be
				  sufficiently clear to readily identify the location of the proposed
				  area;
4. a statement that, if the
				  area is designated an area of ground water concern, incentives to reduce
				  groundwater use may be implemented, and if the commissioner designates a
				  critical area of groundwater concern, ground water use may be
				  restricted;
5. a statement
				  indicating where the application can be viewed; and
6. a statement that all comments should be
				  sent to:
Commissioner of Conservation
Post Office Box 94275
Baton Rouge, LA 70804 -9275
ATTN: Director, Environmental Division
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-305 - Application Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  application for an area of ground water concern designation or for the removal
				  or a modification of an area of ground water concern designation shall be filed
				  with the commissioner of conservation at the above address no sooner than 30
				  days and no later than 60 days after publication of the notice of intent. Five
				  copies of the application shall be filed, and must include:
1. the name, address, telephone number, and
				  signature of the applicant;
2. a
				  statement identifying the applicant's interest which is or may be affected by
				  the subject matter of the application;
3. identification of the source of ground
				  water (aquifer) to which the application applies;
4. identification of the proposed area of
				  ground water concern or area proposed to be modified or removed from an area of
				  ground water concern designation, including but not limited to:
a. its location [section(s), township(s),
				  range(s) and parish(es)];
b. a map
				  clearly identifying the boundaries of the subject area of the application, such
				  as but not limited to:
i. U.S. Geological
				  Survey topographic map(s) of appropriate scale (1:24,000, 1:62,500, 1:100,000);
				  or
ii. LA-DOTD Louisiana parish
				  map(s) outlining the perimeter of the area; or
iii. a digital map submitted in vector and/or
				  raster formats, including the supporting metadata;
5. statement of facts and evidence
				  supporting one of the following claims:
a.
				  that taking no action would likely negatively impact ground water resources in
				  the aquifer, if the application is pursuant to §307 A;
b. that alleviation of stress to the aquifer
				  has occurred; if the application is pursuant to §307 B;
6. the applicant may also submit a
				  proposal to preserve and manage the ground water resources in the area of
				  ground water concern; and
7. the
				  proof of publication of notice of intent to apply to the
				  commissioner.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-307 - Criteria for an Area of Ground Water Concern Designation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for designation of an area of
				  ground water concern shall contain a statement of facts and supporting evidence
				  substantiating that under current usage and normal environmental conditions,
				  sustainability of an aquifer is not being maintained resulting in unacceptable
				  environmental, economic, social, or health impacts, or causing a serious
				  adverse impact to an aquifer, considering the areal and temporal extent of all
				  such impacts caused by at least one of the following criteria:
1. water level decline; and/or
2. movement of a saltwater front;
				  and/or
3. subsidence in or from the
				  aquifer caused by overall withdrawals.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-309 - Review of an Area of Ground Water Concern Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 30 days of receipt of an
				  application pursuant to §305 A, the commissioner shall notify the
				  applicant whether the application is administratively complete.
B. If the commissioner determines an
				  application is incomplete, the applicant shall be notified in writing of the
				  information needed to make such application administratively
				  complete.
C. The applicant shall
				  have 180 days to respond to a request by the commissioner for more
				  information.
D. The commissioner
				  may reject and return any application determined to be:
1. without merit or frivolous; or
2. incomplete after the applicant's response
				  to the commissioner's request for more information, unless the remaining
				  information required by the commissioner is minor in its nature.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 3 - Area of Ground Water Concern Application Procedure › Section VI-311 - Recordkeeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall compile and maintain at the Office of Conservation a record of all public
				  documents relating to any application, hearing, or decision filed with or by
				  the commissioner.
B. The
				  commissioner shall make records available for public inspection free of charge
				  and provide copies at a reasonable cost during all normal business
				  hours.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 38:3099 et
					 seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 5 - Hearings › Section VI-501 - Notice of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. An area of
				  ground water concern preliminary hearing pursuant to §305. A or §305 B
1. Upon determination that an application
				  is administratively complete and if the commissioner deems it necessary, a
				  preliminary public hearing may be scheduled at a location determined by the
				  commissioner in the locality of the area affected by the application.
2 Notice of the preliminary hearing shall
				  contain the date, time and location of the hearing and the location of
				  materials available for public inspection.
3. Such notice shall be published in the
				  official state journal and in the official parish journal of each parish
				  affected by the application at least 30 calendar days before the date of such
				  hearing.
4. The commissioner shall
				  send a copy of the notice or similar notification to the applicant, any person
				  requesting notice, and local, state and federal agencies that the commissioner
				  determines may have an interest in the decision relating to the
				  application.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 5 - Hearings › Section VI-503 - Rules of Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearings
				  scheduled pursuant to this subpart shall be fact-finding in nature and
				  cross-examination of the witnesses shall be limited to the commissioner and
				  staff.
1. The commissioner, or a designee,
				  shall serve as presiding officer, and shall have the discretion to establish
				  reasonable limits upon the time allowed for statements.
2. The applicant may first present all
				  relative information supporting their proposal followed by testimony and/or
				  evidence from local, state and federal agencies and others.
3. All interested parties shall be permitted
				  to appear and present testimony, either in person or by their
				  representatives.
4. All hearings
				  shall be recorded verbatim.
5.
				  Copies of the transcript shall be available for public inspection at the Office
				  of Conservation.
6. The testimony
				  and all evidence received shall be made part of the administrative
				  record.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 5 - Hearings › Section VI-505 - Decision of the Commissioner

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Following hearings held pursuant to §305. C or §501 A, the
				  commissioner shall issue a written decision in the form of a draft order based
				  on scientifically sound data gathered from the application, the participants in
				  the public hearing, and any other relevant information. The draft order shall
				  contain a statement of findings, and shall include but shall not be limited to:
1. the designation of the area of ground
				  water concern or critical area of ground water concern boundaries;
				  and
2. the recommended plan to
				  preserve and manage the ground water resources of the area of ground water
				  concern or critical area of ground water concern pursuant to
				  R.S.
				  38:3097.6.(B).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 5 - Hearings › Section VI-507 - Right of Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Orders of
				  the commissioner may be appealed only to the Nineteenth Judicial District Court
				  as provided by law, consistent with the requirements of
				  R.S.
				  38:3097.4.D(1), and 3097.5.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 38:3097
					 et seq.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 7 - Water Well Notification Requirements in Non-Critical Ground Water Areas › Section VI-701 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. All new water
				  wells, pursuant to Subsections B and C of this Section, are required to be
				  installed by a licensed water-well drilling contractor, pursuant to LAC
				  46:LXXXIX, and registered through the Department of Transportation and
				  Development (DOTD) pursuant to LAC 56:Iet seq. within 30 days after
				  completion.
B. All new water wells
				  except those types specifically listed in §701. C and D require a water
				  well notification form be submitted to the commissioner by the owner of the
				  well at least 60 days prior to installation.
1. prior to the commencement of any
				  construction on a new water well, the drilling contractor shall confirm that
				  the Office of Conservation has received and responded to water well
				  installation notification as required in Subsection B of this
				  Section.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 7 - Water Well Notification Requirements in Non-Critical Ground Water Areas › Section VI-703 - Notification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant
				  to
				  R.S.
				  38:3097.3.C(4)(a), the commissioner is
				  authorized to collect the following information on the water well notification
				  form:
1. date drilled or estimated date to be
				  drilled;
2. name of
				  driller;
3. current
				  ownership;
4. projected location of
				  the well in longitude and latitude;
5. depth;
6. casing size; and
7. other information reasonably required by
				  the commissioner.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 7 - Water Well Notification Requirements in Non-Critical Ground Water Areas › Section VI-705 - Notification Review Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commissioner shall review the submitted information, pursuant to §701 B,
				  within 30 days.
1. The commissioner may:
a. issue an order placing restrictions on the
				  well; or
b. request further
				  reasonable information; or
c. take
				  no action.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VI - Water Resources Management › Subpart 1 - Ground Water Management › Chapter 7 - Water Well Notification Requirements in Non-Critical Ground Water Areas › Section VI-707 - Right of Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 30
				  days of the date of the correspondence regarding Paragraphs 1 and 2 of this
				  Subsection, the applicant may appeal to the Ground Water Resources Commission
				  to determine one of the following:
1. the
				  reasonableness of the commissioner's request, pursuant to Section §705 A;
				  or
2. the justification for the
				  commissioner's well restriction order, pursuant to Section §705. B and
				  C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 1 - Coastal Restoration Project Construction Ranking › Section VII-101 - Scope (Formerly LAC 43:I.801)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Chapter prescribes coastal restoration project construction ranking and
				cost-sharing standards and criteria based upon anticipated habitat benefits per
				Trust Fund (Wetlands Conservation and Restoration Trust Fund, as defined in
				R.S.
				49:213.7) Dollar expended over the project
				life.
B. This Chapter shall apply
				only to those coastal restoration projects which are not joint ventures by the
				state and federal government and which are included in the coastal vegetated
				wetlands conservation and restoration plan, and any amendments thereto, adopted
				and implemented in accordance with
				R.S. 49:213.1
				et seq. and 49:214.1 et seq., respectively.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 1 - Coastal Restoration Project Construction Ranking › Section VII-103 - Definitions (Formerly LAC 43:I.803)

Current through Register Vol. 50, No. 6, June 20, 2024
Cost-Effectiveness Ranking
- the ranking
				  established by dividing the cumulative habitat units of benefits by the
				  aggregate trust fund dollar anticipated to be expended over the life of the
				  proposed coastal restoration project. The cost-effectiveness ranking quotient
				  shall be an indexing number used for assigning coastal restoration project
				  construction priority.
Cost-Sharing
- a contribution, either
				  monetary, in-kind, and/or both, by a local sponsor for a coastal restoration
				  project from any non-trust-fund source for any or all of the following: design,
				  construction, operation, maintenance, and monitoring, excluding feasibility,
				  over the anticipated life of a particular project.
Cumulative Habitat Units of Benefit
- the
				  total habitat units "with project" minus the total habitat units "without
				  project."
Habitat Units
- the sum of the value(s)
				  derived by multiplying the suitability index (Sl) value by the acreage for each
				  coastal wetland type of the area of impact ascribable to the proposed project,
				  as defined in Wetland Value Assessment Methodology employed for coastal
				  restoration project evaluation and established in accordance with the Coastal
				  Wetlands Planning, Protection, and Restoration Act of 1990, Public Law Number
				  101-646,104 Stat. 4779-4783, (1990).
Suitability Index
- a unitless number ranging
				  from 0 to 1 wherein 0 represents a low value for fish and wildlife habitat and
				  1 represents a high value for fish and wildlife habitat. The suitability index
				  for an area shall be determined by using the Wetland Value Assessment
				  Methodology employed for coastal restoration project evaluation and established
				  in accordance with the Coastal Wetlands Planning, Protection, and Restoration
				  Act of 1990, Public Law Number 101-646,104 Stat. 4779-4783, (1990).
Total Habitat Units with Project
- the sum of
				  the projected habitat units calculated over a time period equal to the life
				  expectancy of the proposed project were it implemented.
Total Habitat Units without Project
- the sum
				  of the projected habitat units calculated over a time period equal to the life
				  expectancy of the proposed project, were it not implemented.
Trust Fund Dollars
- present value in 1990
				  allures from the Wetlands Conservation and Restoration Trust Fund, as defined
				  in
				  R.S.
				  49:213.7, of design and construction costs
				  (excluding feasibility costs), plus operation, maintenance, and monitoring
				  costs, minus cost sharing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 1 - Coastal Restoration Project Construction Ranking › Section VII-105 - Ranking (Formerly LAC 43:I.805)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Coastal restoration projects shall be constructed according to their
				cost-effectiveness ranking. In comparing projects, those projects with higher
				cost-effectiveness ranking indices shall have a correspondingly higher
				construction priority. In the event that two or more projects have identical
				cost-effectiveness rankings, projects benefiting the greatest number of coastal
				wetland acreage shall have a correspondingly higher construction priority.
				Coastal wetland acres shall include only those coastal wetland types as defined
				in Wetland Value Assessment Methodology employed for coastal restoration
				project evaluation and established in accordance with the Coastal Wetlands
				Planning, Protection, and Restoration Act of 1990, Public Law Number 101-646,
				104 Stat. 4779-4783. (1990). Upon the initiation of the development of plans
				and specifications for the construction of a project, a project shall be
				removed from the construction ranking list.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:214.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 1 - Coastal Restoration Project Construction Ranking › Section VII-107 - Cost-Sharing (Formerly LAC 43:I.807)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Feasibility. The state shall bear 100
				percent of the feasibility costs of all coastal restoration projects.
B. Design and Construction. In all cases in
				which the local sponsor is able to identify and secure any appropriate
				non-trust-fund source(s) to fund the design and/or construction of a coastal
				restoration project, the local sponsor share of the design and/or construction
				costs may consist of any form and/or amount of cost-sharing. The state share of
				the design and/or construction costs shall consist of any form and/or amount of
				cost-sharing sufficient to meet the remaining design and/or construction costs
				of the project for which the local sponsor is unable to cost-share.
C. Operation, Maintenance, and Monitoring
1. In all cases in which the local sponsor is
				able to identify and secure any appropriate non-trust-fund source(s) to fund
				the operation, maintenance, and/or monitoring costs of a coastal restoration
				project, the state share of said costs shall consist of any form of
				cost-sharing not to exceed 75 percent of the said costs of the project for
				which the local sponsor is unable to cost-share and the local sponsor share of
				said costs shall consist of any form of cost-sharing not less than 25 percent
				of said costs from a non-trust-fund source.
2. In all cases in which the local sponsor is
				unable to identify and secure any appropriate non-trust-fund source(s) to
				cost-share the operation, maintenance, and/or monitoring costs of a coastal
				restoration project, the state shall bear 100 percent of these costs for which
				the local sponsor is unable cost-share.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-301 - Purpose and Authority (Formerly LAC 43:I.851)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter sets forth the rules for
				the acquisition of and compensation for oyster leases by the department when
				necessary for purposes of coastal protection, conservation, or restoration. The
				department may acquire oyster leases, in whole or in part, for such purposes on
				behalf of the state to the extent that the leases are or may be directly
				affected by the dredging, direct placement of dredged or other materials, or
				other work or activities necessary for the construction or maintenance of a
				coastal protection, conservation, or restoration project.
B. These regulations are adopted pursuant to
				Subpart D of Part VII of Chapter I of Title 56 of the Louisiana Revised
				Statutes of 1950, including the Oyster Lease Acquisition and Compensation
				Program under
				R.S.
				56:432.1 and the general authority of the
				department under Part II of Chapter 2 of Title 49 of the Louisiana Revised
				Statutes of 1950.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:213.1, et seq.,
				  R.S.
				  56:421, et seq., and
				  R.S.
				  56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-303 - Construction and Usage (Formerly LAC 43:I.853)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following shall be observed regarding
				the construction and usage of these regulations.
1. Unless otherwise specifically stated, the
				singular form of any noun includes the plural and the masculine form of any
				noun includes the feminine.
2.
				Unless otherwise specifically stated, all references to
Section
are to Sections of this Subchapter.
3. Any reference to
days
in
				this Subchapter shall refer to calendar days.
4. The day of the event from which a
				designated time period begins to run shall not be included in the computation
				of a period of time allowed or prescribed in these regulations. The last day of
				the period is to be included in the computation of a period of time allowed or
				prescribed in these regulations, unless it is a legal holiday, in which case
				the period runs until the end of the next day that is not a legal holiday.
				Nonetheless, the effective date of acquisition shall be on the date set by the
				department pursuant to these regulations and
				R.S.
				56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-309 - Appraisal (Formerly LAC 43:I.859)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary shall determine or delineate
				the direct impact area of a project, and in making such decision, may consult
				with any public or private entity responsible for the project.
B. Should the secretary determine that an
				existing oyster lease identified in records provided and maintained by DWF is,
				in whole or in part, located within the direct impact area of a project, the
				secretary shall obtain an appraisal of the affected lease or affected
				acreage.
C. When the secretary
				elects to obtain an appraisal of an affected lease or affected acreage, he
				shall select the appraiser considering all relevant criteria, including but not
				limited to the following:
1. prior
				performance; education; experience in valuation of oyster leases; experience in
				valuation of unique properties and unusual estates; experience in valuation of
				various land classes; demonstrated expert knowledge in the field of real
				property appraisal; and, the ability to perform concurrent tasks orders while
				maintaining high quality work;
2.
				the appraiser so selected shall be contracted with by the department pursuant
				to
				R.S.
				39:1481 et seq., or other applicable public
				contract law, and shall have a current certification as a Louisiana certified
				general real estate appraiser; professional designation in the field of
				appraisal; and, five or more years professional experience conducting real
				property appraisals.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-311 - Determination of Compensation (Formerly LAC 43:I.861)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary shall determine the
				compensation for any affected acreage to be acquired as follows.
1. If the department provides a time period
				of one year or more between issuance of a notice of acquisition pursuant to
				§313 and the effective date of acquisition, then compensation for the
				affected acreage to be acquired shall be equal to the fair market value of the
				affected acreage to be acquired as determined by the secretary in accordance
				with §309
2. If the
				department provides a time period of less than one year between issuance of a
				notice of acquisition pursuant to §313 and the effective date of
				acquisition, the compensation for the affected acreage to be acquired shall be
				equal to the fair market value of the affected acreage to be acquired as
				determined by the secretary in accordance with §309 plus the value of such
				non-removable marketable oysters on the affected acreage, if any, as determined
				by the department, based upon reasonably confirmable data. The determination of
				value shall take into account the number of sacks of marketable oysters per
				acre, suitable acreage, natural mortality, current market price, and harvest
				cost.
3. Data for estimation of the
				value of non-removable marketable oysters shall be determined from the written
				assessment derived from the oyster resource survey conducted in accordance with
				§307 The department may also take into consideration any reasonably
				confirmable data or information supplied timely by any person in accordance
				with §307
4. The appraiser
				and the department shall consider any reasonably confirmable data or other
				information supplied to the department by the leaseholder following the oyster
				resource survey conducted in accordance with §307 The department or the
				appraiser may disregard any information or data not submitted timely pursuant
				to §307
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-315 - Administrative Review (Formerly LAC 43:I.865)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A leaseholder of an oyster lease acquired,
				in whole or in part, in accordance with these regulations and
				R.S.
				56:432.1 may seek an administrative hearing
				through the department.
1. Any such
				adjudication shall be limited to whether the acquisition due to the impact of
				dredging, direct placement of dredged or other materials, or other work or
				activities necessary for the construction or maintenance of a project for
				coastal protection, conservation, or restoration is proper, or whether the
				compensation issued by the department satisfies the rules and regulations under
				this Subchapter.
2. Any leaseholder
				whose lease is not acquired, but upon which dredging, direct placement of
				dredged or other materials, or other work or activities necessary for the
				construction or maintenance of a project for coastal protection, conservation,
				or restoration has occurred, may also seek an administrative hearing through
				the department under this section to determine if acquisition of such oyster
				lease acreage would be proper.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-319 - Reimbursement of Costs of Acquisition (Formerly LAC 43:I.869)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may acquire any acreage
				under this Subchapter in relation to a project or action for coastal
				protection, conservation, or restoration performed or to be performed by or for
				the United States, any department, agency, board, commission, or political
				subdivision of the state, or any other public or private entity responsible for
				a project.
B. If the department
				acquires acreage under this Subchapter in relation to any project or action
				performed by any person or entity other than the department, such entity shall
				compensate the department for all costs incurred by the department, which are
				associated with the acquisition.
C.
				The costs for which reimbursement is due under this Subchapter includes but is
				not limited to costs of oyster resource surveys, appraisal, administrative, or
				other uses of department personnel or resources, payment for acquisition, and
				awards on administrative adjudications or judicial review.
D. The secretary may choose, at his sole
				discretion, to waive any part or all of the compensation that would otherwise
				be required under this Section. No person or entity shall have any right to
				such waiver, and the secretary shall have no obligation to make such a waiver.
				Waiver of any part of the compensation that would otherwise be required shall
				not affect any obligation to pay the remainder.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:213.1, et seq. and
				  R.S.
				  56:432.1.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-101 - Determination of NGPA Well Categories

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Conservation has adopted the
				NGPA Rules, Practice and Procedure for All Applications and Proceedings for
				Determination of Well Categories under Natural Gas Policy Act 1978. The forms
				for the filings discussed below are available upon request at the Office of the
				Commissioner of Conservation.
B.
				Pursuant to authority delegated under the laws of the state of Louisiana and
				the United States and particularly Title 30 of the Louisiana Revised Statutes
				of 1950, as amended, and the Natural Gas Policy Act of 1978, following a public
				hearing held under Docket No. NGPA 80-845 in Baton Rouge, Louisiana, on April
				15, 1980, these rules and regulations are issued and promulgated by the
				commissioner of conservation as being reasonably necessary to govern, control
				an administer the authority contained in the Natural Gas Policy Act of 1978
				and, in general, to carry out the provisions of the laws of this state and the
				United States. These rules are designed to implement and clarify applicable
				Federal Energy Regulatory Commission regulations as they apply to Louisiana and
				provide for the minimum possible imposition of regulatory burden.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless the
				context specifically requires otherwise, any special word, term, or phrase used
				herein is used as defined in the Natural Gas Policy Act of 1978, applicable
				Federal Energy Regulatory Commission rules and regulations pertaining thereto,
				or applicable meaning given in Title 30 of the Louisiana Revised Statutes of
				1950.
Commissioner
- the commissioner of
				  conservation, state of Louisiana.
District Office
- one of the district offices
				  of the Office of Conservation, state of Louisiana.
FERC
- the Federal Energy Regulatory
				  Commission.
NGPA
- the Natural Gas Policy Act of
				  1978.
Sections 102 and 108
- those Sections of the
				  Natural Gas Policy Act of 1978 (NGPA).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-105 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested
				person requesting the classification of a well pursuant to the authority
				granted to the commissioner by Section 503 of the NGPA in order to determine
				the applicable category for any such well pursuant to Title 1 of said NGPA
				shall file a written application made upon forms prescribed by the Office of
				Conservation, Department of Natural Resources, State of Louisiana.
1. The original and two copies of such
				application shall be filed with the commissioner at the district office for the
				district in which the subject well is located. Each application must be
				completed in conformance with the commissioner's rules and regulations as well
				as the rules and regulations of the FERC before the application will be
				considered by the commissioner. An application may be amended, supplemented or
				withdrawn by the applicant at any time prior to the commissioner's
				determination.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-107 - Documents Supporting Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application must contain, prior to
				hearing, all data, information, forms, affidavits, plats, exhibits and such
				other evidence as may be required by the rules and regulations of the FERC and
				the Louisiana Office of Conservation. However, in the event the application is
				for the recognition of the new onshore reservoir category wherein the limits of
				the reservoir have not been subject to a prior Office of Conservation
				unitization hearing, then the applicant may submit the geological and
				engineering evidence in support of the application at the public hearing which
				will be scheduled pursuant to §109. A and B hereof.
B. The form prescribed by the commissioner
				shall prescribe for documents sufficient to comply with the minimum
				requirements imposed by the FERC. Additional support may be required by the
				commissioner by giving notice of such to the applicant prior to the hearing, at
				the hearing itself, or by other means.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-109 - Notice; Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				by the commissioner of a complete application and after assigning a docket
				number to the application, the commissioner shall set a reasonable time and
				place for a hearing on the application and shall cause a notice of the
				application to be published in the official journal of the state of Louisiana.
				Such notice shall be published at least 10 days before the hearing and shall
				include:
1. a statement of the time, place and
				nature of the hearing;
2. a
				statement of the legal authority and jurisdiction under which the hearing is to
				be held;
3. a reference to the
				particular sections of the statutes and rules involved;
4. a short and plain statement of the matters
				asserted.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-111 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				determination by the commissioner, any interested person may file a motion for
				rehearing within 10 days after the date of determination. The application for
				rehearing shall set forth specifically the ground or grounds upon which such
				application is based. The grounds for such action shall be either that:
1. the decision is clearly contrary to the
				law and the evidence;
2. the person
				has discovered since the hearing evidence important to the issues which he
				could not have with due diligence obtained before or during the
				hearing;
3. there is a showing that
				issues not previously considered ought to be examined in order to dispose
				properly of the matter; or
4. there
				is other good ground for further consideration of the issues and the evidence
				in the public interest.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-113 - Notice of Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
				five days after the last day for filing a motion for rehearing, or if such a
				motion is filed, within 15 days after it is denied or overruled by operation of
				law, the commissioner shall give written notice to the FERC of his
				determination in accordance with the FERC rules and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-115 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. No date,
				information, forms, affidavits, plats, exhibits, and such other evidence filed
				as part of an application for well status determination pursuant to the Natural
				Gas Policy Act of 1978 will be accorded confidential treatment by the Office of
				Conservation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 1 - NGPA Well Category Determination Rules and Procedures › Section IX-117 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules of
				practice and procedure shall be effective on and after May 20, 1980.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				authority delegated under the laws of the state of Louisiana and the United
				States, and particularly Title 30 of the Louisiana Revised Statutes of 1950, as
				amended, and the Natural Gas Policy Act of 1978, the following rules are issued
				and promulgated by the commissioner of conservation as being reasonably
				necessary to administer the authority contained in the Natural Gas Policy Act
				of 1978. These rules are designed to implement procedures to be utilized by
				applicants requesting the designation of tight formations in Louisiana and to
				clarify applicable Federal Energy Regulatory Commission regulations pertaining
				thereto as they apply to Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless the context specifically requires otherwise, any
				  special word, term, or phrase used herein is used as defined in the Natural Gas
				  Policy Act of 1978, applicable Federal Energy Regulatory Commission rules and
				  regulations pertaining thereto, or applicable meaning given in Title 30 of the
				  Louisiana Revised Statutes of 1950.
Commissioner
- the commissioner of
				  conservation, state of Louisiana.
District Manager
- the manager of any one of
				  the district offices of the Office of Conservation and, as used, refers
				  specifically to the manager within whose district the geographical area is
				  located which is underlain by the recommended tight formation.
FERC
- the Federal Energy Regulatory
				  Commission.
Interested Party
- any person, as
person
is defined in Title 30 of the Louisiana Revised
				  Statutes of 1950, whose interests are affected by the application.
NGPA
- the Natural Gas Policy Act of
				  1978.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-305 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested
				party requesting the designation of any formation in Louisiana as a tight
				formation shall file an application with the commissioner and the appropriate
				district manager(s). The application shall include a filing fee of $100, a
				proposed definition of the recommended tight formation, and a legible map
				depicting the geographical area covered by the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.