Current through Register Vol. 50, No. 9, September 20, 2024
A. Prior to
execution and recordation of a transfer of interest in or assignment of a state
wind lease, a prospective transferee or assignee of a state wind lease shall
schedule a pre-transfer meeting with and submit a transfer packet to the Office
of Mineral Resources no later than the State Mineral Board regular meeting for
the month prior to the State Mineral Board regular meeting at which the item is
to appear on the State Mineral Board docket for approval.
B. The transfer or assignment shall be
docketed for State Mineral Board approval. No transfer or assignment in
relation to any state wind lease shall be valid unless approved by the State
Mineral Board. Failure to obtain State Mineral Board approval of any transfer
or assignment of a state wind lease prior to transfer or assignment shall
subject the transferor or assignor and the transferee or assignee, jointly,
severally and in solido, to liquidated damages of $100 per day beginning on the
first day following the execution of the transfer or assignment.
C. All parties to transfers or assignments in
relation to any state wind lease shall be registered prospective leaseholders
with the Office of Mineral Resources. Transfers or assignments shall not be
granted to prospective leaseholders that are not currently registered with the
Office of Mineral Resources as set forth under forth under
§1007 B
D. The transfer packet shall contain the
following items:
1. two original, unexecuted,
unrecorded transfer or assignment instruments:
a. provide the marital status of the assignor
if the assignor is an individual and, if applicable, the spouse's name and
space for the spouse's signature to be affixed thereon;
b. designate the operator and the party who
shall be the principal state wind lessee authorized to act on behalf of all
co-lessees and attach proof of such agency;
c. after State Mineral Board approval, the
transfer or assignment instrument must be executed by both assignor and
assignee (and spouse(s), if appropriate), with each signature duly witnessed
and a notarized witness acknowledgement provided for each, or the assignee (and
spouse, if appropriate) shall execute an acceptance by assignee form, with the
signature duly witnessed and notarized, and a copy attached to each of the
transfer instruments;
2.
a designation of principal state wind lessee and operator form completed by
each prospective leaseholder;
3. a
separate statement of conveyance-wind lease form completed for each state wind
lease impacted by the transfer and reflect only the gross working interest in
the lease existing before and after the conveyance (no net revenue interests
are to be considered or reported);
4. a proposed plan of operations that
includes all the items set forth in
§1017. C.3 a-i;
5. any environmental impact documentation
supplementing and updating
§1011. C 8;
6. a list of project participants who are or
will be participating in the planning, predevelopment, construction, operation,
maintenance, remediation, and/or decommission phases of the proposed project,
and a brief description of their role. This list shall be supplemented for each
new project participant;
7. a
summary of project financing which shall include, at a minimum, identification
of the sources of financing and a discussion of such financing;
8. a list of governmental entities including
each federal, state, parish and local governmental entity that has jurisdiction
in the nomination area and for each, the contact person name, title, office
address, telephone and fax numbers, and email, as well as the type of legal
authority, if any, acquired or to be acquired from the governmental
entity;
9. if state wind lease
operations have commenced, general liability insurance in a form acceptable to
the State Mineral Board as set forth in
§1029. A.2 and financial
security in a form acceptable to the State Mineral Board as set forth in
§1029. A 3;
10. a docket fee payment in the amount of
$100 made payable to the Office of Mineral Resources to cover the cost of
preparing and docketing transfers or assignments of state wind leases. A
personal or business check is acceptable;
11. any other information and documentation
required by the Office of Mineral Resources.
E. After receiving State Mineral Board
approval of the transfer or assignment, record the approved transfer instrument
and the approval resolution in the appropriate parish(es) per the approval
resolution and furnish the Office of Mineral Resources with the recordation
information.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
41:1734.
