§ 41:1733 — Award of state wind leases

Louisiana § 41:1733

• Jurisdiction: Louisiana
• Title 41: Public Lands

Text

§1733. Award of state wind leases
A. All proposals for lease of state lands for the exploration, development, or
production of energy from wind shall be submitted to the State Mineral and Energy Board.
The State Mineral and Energy Board shall then submit to the state land office and the
Department of Wildlife and Fisheries the portion of the proposal which contains the location
of the proposed lease. The state land office and the Department of Wildlife and Fisheries
shall review the proposed location of the lease and shall certify to the State Mineral and
Energy Board whether or not there are other leases of any kind at the proposed lease location.
If there are other leases, the state agencies shall attach to the certification a copy of all other
leases at the proposed lease location. The state land office and the Department of Wildlife
and Fisheries are hereby authorized to charge the applicant reasonable fees to fulfill the
requirements of this Section. Any such fees shall be promulgated through rules and
regulations adopted in accordance with the Administrative Procedure Act.
B. After certification by the other state agencies, the State Mineral and Energy Board
shall forward the applications and certification with copies of any other leases on the
proposed location to the secretary of the Department of Conservation and Energy, who shall
evaluate whether the lands proposed for lease best support the exploration, development, or
production of energy from wind. In evaluating the proposed lease, the secretary of the
Department of Conservation and Energy shall consider the capability of the lease proposal
to fulfill the intent of this Chapter, the environmental impact of the placement of wind
turbines and other equipment necessary for the exploration, development, or production of
energy from wind, the impact of the proposed lease on any other leases, including leases for
the exploration or production of subsurface deems appropriate. When evaluating the
proposed lease, the secretary of the Department of Conservation and Energy shall consult
with the Department of Wildlife and Fisheries when the proposed lease lies within the
confines of properties under the jurisdiction of the Louisiana Wildlife and Fisheries
Commission or the Department of Wildlife and Fisheries and may consult any other state
agency or governmental entity that may have jurisdiction within the confines of the proposed
lease.
C. If the secretary of the Department of Conservation and Energy determines that a
proposed lease for the exploration, development, or production of energy from wind is
appropriate, the secretary shall recommend to the State Mineral and Energy Board that the
board conduct a public bid process. If the secretary of Department of Conservation and
Energy determines that a proposed lease for the exploration, development, or production of
energy from wind is not appropriate, the secretary shall notify the State Mineral and Energy
Board who shall then notify the applicant that no bid process shall occur.
D. A lease may be granted in whole or in part. The State Mineral and Energy Board
has authority to accept the bid it finds is most advantageous to the state and may lease upon
whatever terms it considers proper. Such lease shall include a provision permitting the state,
at its option, to take in kind all or any of the portion due it as royalty.

Legislative History

Acts 2005, No. 481, §1, eff. July 12, 2005; Acts 2008, No. 580, §5; Acts 2009, No. 196, §6, eff. July 1, 2009; Acts 2022, No. 443, §2; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.