La. Admin. Code tit. 43 § I-1009
Current through Register Vol. 50, No. 6, June 20, 2024
Section I-1009 - Pre-Nomination ResearchA. A party seeking to nominate state lands or water bottoms for wind lease shall conduct research prior to nomination to determine and confirm whether the state lands or water bottoms fall under one of the following six categories and comply with any category requirements.1. Louisiana Wildlife and Fisheries Commission/Louisiana Department of Wildlife and Fisheries Property. The lands and water bottoms in this category are under the jurisdiction of the Wildlife and Fisheries Commission or the Department of Wildlife and Fisheries, including but not limited to, wildlife management areas and refuges. Questions concerning these lands and water bottoms should be directed to the Louisiana Department of Wildlife and Fisheries, Office of Wildlife, Fur and Refuge Division.2. School Indemnity Lands6. Legal Areas. Title to certain state lands or water bottoms may have been established by compromise without litigation, compromise during the course of litigation, or adjudication in a court of law. For state wind leasing purposes, state lands or water bottoms subject to such compromise or adjudication are viewed as a "Legal Area." Determine whether the state lands or water bottoms to be nominated include a legal area. If they do, the nominating party shall provide a copy of the compromise instrument(s) or judgment(s) that establish(es) the state ownership interest. Questions concerning categories 2 through 6 should be directed to the State Land Office, Division of Administration.
B. A party seeking to nominate state lands or water bottoms for wind lease shall conduct research prior to nomination to determine and confirm that the state lands or water bottoms are available for wind lease. The following are some conditions indicating availability. 1. The State Mineral Board has not taken the state lands and water bottoms out of commerce for the purpose of wind leasing.2. The state lands and water bottoms are subject to an active or non-released land use agreement granted by the state of Louisiana and the user under such an agreement has been notified of the proposed wind leasing. a. The nominating party shall provide proof of notification consisting of a complete list of the users of the state lands and water bottoms to be nominated for wind lease, the official name and/or number of the governing land use agreement, the official name of the state entity that granted the governing land use agreement, along with an affidavit sworn to by the nominating party, in the presence of a notary and two witnesses, confirming that the party has notified each of the listed users of the state lands and water bottoms of the proposed wind leasing. The nominating party shall follow the notarization requirements of R.S. 35:12.La. Admin. Code tit. 43, § I-1009
Promulgated by the Department of Natural Resources, Office of Mineral Resources, LR 34:260 (February 2008).AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1734.