La. Admin. Code tit. 43 § I-1142

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1142 - Partial or Full Release of an Alternative Energy Source Lease

A. Upon expiration or termination of an AESL, in whole or in part, for any reason, the principle alternative energy source lessee shall execute and record an appropriate instrument of release within 90 days of expiration or termination in each parish wherein the leased premises are located and shall provide the board, through OMR, with a copy of the recorded instrument of release from each parish wherein it is recorded properly certified by the recorder for that parish. In the event the principle alternative energy source lessee fails to comply, all other active joint-lessees shall be jointly and solidarily liable for liquidated damages in the amount of $100 per day commencing on day 91 after expiration or termination. The lessee(s) shall also be responsible for reasonable attorney fees and costs incurred should litigation be required for AESL cancellation.

B. The release instrument shall contain the AESL number and shall be signed by the principle alternative energy source lessee, with the signature duly witnessed and notarized. Failure to follow the notarization requirements of R.S. 35:12 shall be grounds for rejection of the release instrument.

C. Should a lessee wish to release only a portion of the leased acreage, the lessee shall contain the whole of the retained acreage within a single contiguous block of acreage.

1. For a partial release only, the lessee shall also provide the following items:

a. a written property description, fully justified, using Microsoft Word. The first part shall describe and provide the amount of state owned acreage released. The second part shall describe and provide the amount of state owned acreage retained. X-Y coordinates shall be based on the Louisiana Coordinate System of 1927, North or South Zone (as applicable), shall be used, starting with an X-Y point of beginning and using distance and bearings to each X-Y corner or turning point. Calculations, closures and ties to existing AESLs that comply with generally accepted surveying standards shall be used;

b. a plat that clearly delineates the boundaries of and sets forth the state owned acreage amount released and the state owned acreage amount retained. An 81/2" x 11" paper copy of the most recent edition of the 71/2 minute USGS Quadrangle Map (scale 1" = 2000' or 1" = 3000'; or the block system of 1" = 4000', if applicable) shall be used. X-Y coordinates based on the Louisiana Coordinate System of 1927, North or South Zone (as applicable) shall be used, starting with an X-Y point of beginning and using distance and bearings to each X-Y corner or turning point. Calculations, closures and ties to existing AESLs that comply with generally accepted surveying standards shall be used;

2. Each of the above items shall be submitted in original paper form. Additionally, a CD-ROM or DVD ("AESL Release Disk") clearly labeled "AESL Release Disk" shall be submitted. Each AESL Release Disk shall be affixed with the lessee and project names thereon and shall contain an electronic version of Item C.1.a. above as a Word.doc file and Item C.1.b. above as a .pdf file. Each Nomination Disk shall also contain a .dxf file which shall contain only the boundary of the acreage portion to be released and that portion to be retained, each consisting of a single line, no additional lines, labels, text, or graphics, and shall be constructed of individual line segments between vertices. The X-Y coordinates in the .dxf file must exactly match those in the written property description and the plat.

La. Admin. Code tit. 43, § I-1142

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:137 (January 2012).

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