§ 41:1732 — Lease authority and royalties

§1732. Lease authority and royalties
A. Notwithstanding any other provision of law except Subsection B of this Section,
the State Mineral and Energy Board, in conjunction with the secretary of the Department of
Conservation and Energy, shall have the authority to lease for the exploration, development,
or production of energy from wind any lands belonging to the state or the title to which is
held by the state, including water bottoms, vacant state lands, and lands adjudicated to the
state at tax sale, except lands that form any portion of state highway right-of-way. The leases
shall be granted through a public bid process which shall be promulgated by the adoption of
rules and regulations by the State Mineral and Energy Board. All bonuses, rentals, royalties,
payments, or other sums due the state as the lessor under the terms of leases granted under
the provisions of this Subsection for the exploration, development, and production of energy
from wind shall be paid to the office of mineral resources. Revenues received from these
leases by the office of mineral resources shall be remitted to the state treasurer who, after
compliance with Article VII, Section 9 of the Constitution of Louisiana, shall credit an
amount equal to twenty-five percent of the revenues to the Wetlands Conservation and
Restoration Fund and an amount equal to the seventy-five percent to the state general fund.
The funds generated under leases granted under the provisions of this Section shall not be
included in calculations for the Budget Stabilization Fund.
B. Notwithstanding any other provision of law, the State Mineral and Energy Board,
with the approval of the secretary of the Department of Wildlife and Fisheries, shall have the
authority to lease for the exploration, development, or production of energy from wind, any
properties 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. The leases shall be granted through a public bid process which shall be promulgated
by the adoption of rules and regulations by the State Mineral and Energy Board. All bonuses,
rentals, royalties, payments or other sums payable to the state as the lessor under the terms
of leases granted under the provisions of this Subsection for the exploration, development,
and production of energy from wind shall be deposited in the Wildlife and Fisheries
Conservation Fund.
C. Any lease granted under the provisions of this Chapter shall require a
decommissioning plan for the end of the facility's expected life or upon circumstance that
would require closure of the facility. The decommissioning plan shall include the estimated
cost of site closure and remediation that includes removing the wind energy production
facility along with any necessary infrastructure facilities and restoring the property to as near
as reasonably possible to the condition of the property prior to the commencement of
construction of the facility. Additionally, the leases shall be subject to the same
decommissioning rules and regulations as provided by the provisions of Subpart I of Part 585
of Subchapter B of Chapter V of Title 30 of the Code of Federal Regulations (30 CFR
585.900 et seq.) to the extent they are not inconsistent with the provisions of this Section or
any rules or regulations promulgated pursuant to this Chapter.

Legislative History

Acts 2005, No. 481, §1, eff. July 12, 2005; Acts 2009, No. 196, §6, eff. July 1, 2009; Acts 2022, No. 443, §2; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.