La. Admin. Code tit. 43 § I-1133

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1133 - Examination and Evaluation of Nomination for an Alternative Energy Source Lease

A. Upon verification by the board, through OMR, that the AESL nomination complies with legal, procedural and technical requirements, as well as with any current policies and practices:

1. The board, through OMR, shall evaluate the AESL nomination. If the nomination is acceptable, OMR shall:

a. place the AESL nomination tract on the board Nomination and Tract Evaluation Committee Agenda for the next regular scheduled board meeting;

b. recommend to the board, pursuant to §1134, that a public bid process be conducted to advertise the nomination.

2. The board, through OMR, shall remove the acreage from commerce for the purpose of an AESL until the final outcome of the nomination is determined.

3. The board, through OMR, shall make available, after board approval, via the OMR website at www.dnr.louisiana.gov, the nomination application as outlined in §1132

4. The Office of State Lands (OSL), Department of Wildlife and Fisheries (DWF), and DOTD shall:

a. review the proposed location of the AESL;

b. certify to the board if there are other leases of any kind at the proposed lease location;

c. if there is an existing lease, the respective agency(ies) shall provide copies to the board of the lease(s).

5. The board, through OMR, shall transmit the nomination package and all other lease certifications to the secretary of DNR for evaluation.

B. An applicant may withdraw a nomination during the examination and evaluation process if notification is transmitted prior to the tract being officially advertised for an AESL by submitting a written request to OMR, Attention: Leasing Section, P.O. Box 2827, Baton Rouge, LA 70821-2827.

C. An applicant may not withdraw after the tract has been advertised without approval of the board. To obtain approval, the applicant shall submit a letter requesting withdrawal of the nomination to the board. If the board approves the request, the nomination fee payment shall not be refunded.

D. The decision of the Port Authority, when required in accordance with §1112 shall be submitted in written form. The Port Authority shall have 60 calendar days from the date the board approves the nomination to submit to the board, through OMR, a written decision to either grant or deny the AESL application. Failure of the Port Authority to submit a decision to the board, through OMR, within a specified time limit shall be considered a denial of the AESL application.

La. Admin. Code tit. 43, § I-1133

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:132 (January 2012).

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