La. Admin. Code tit. 43 § I-1117

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-1117 - Rights Granted and/or Denied by an Alternative Energy Source Lease

A. No AESL shall include any rights to explore, drill, mine, develop, or produce for native oil, gas, or other liquid or gaseous hydrocarbons.

B. No usage of state lands or water bottoms for the development of a specific alternative energy source shall unreasonably interfere, as determined by the board, with the rights of oil and gas or other forms of an AESL.

C. The AESL shall not inhibit any activity, right, obligation or duty inherent to an oil and gas lease granted by the board.

D. The AESL shall not prevent the letting of leases of state owned lands or water bottoms for the purpose of developing its natural resources.

E. Notwithstanding any language of the AESL to the contrary, the rights granted exclusively to the alternative energy source lessee shall be subject to the surface usage for coastal restoration, reclamation or conservation projects promulgated, funded or effected through DNR and its divisions, whether solely or in conjunction with other state, local or federal governmental agencies or with private individuals or entities. The alternative energy source lessee, in the exercise of its exclusive rights granted pursuant to the AESL, shall utilize the best available technology so as to minimize interference with any surface usage entailed in the development, construction, and maintenance of coastal restoration, reclamation, and conservation projects.

La. Admin. Code tit. 43, § I-1117

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:128 (January 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.