LAC 43:V.931. Pre-Nomination Requirements [Formerly LAC 43:I.1131]

A. Prior to any nomination of state lands or water bottoms for an AESL, the nominating party shall: 1. conduct research prior to nomination to determine and confirm that the state land or water bottoms are available for the AESL and are claimed by the state; 2. provide a copy of the compromise instrument(s), or judgment(s) that establish(es) the state ownership interest, if the state lands or water bottoms include a legal area; 3. certify that the user(s) of any active or non-released land use agreement granted by the state on nominated land or water bottoms has been notified of the proposed AESL; 4. provide an affidavit, in authentic form, attesting that: a. there are no encumbrances, including, but not limited to, current state leases, areas nominated for lease, or pipeline rights-of-way on state lands or water bottoms.; b. any and all users of state lands or water bottoms to be nominated for an AESL have been notified of the proposed AESL. The affidavit shall include: i. the official name and/or number of the governing agreement; ii. the official name of the state entity that granted the governing agreement. 5. it is the responsibility of the alternative energy source applicant to consult and coordinate with the Port Authority with jurisdiction over lands or navigable water bottoms located within, or immediately adjacent to, the proposed AESL tract. An AESL cannot be issued without the written approval of the Port Authority with jurisdiction within the AESL area.