Current through Register Vol. 50, No. 9, September 20, 2024
A. 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 Lands
3. Tax Adjudicated Lands
4. Vacant State Lands
5. White Lake
6. 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
41:1734.
