La. Admin. Code tit. 43 § V-301
Current through Register Vol. 50, No. 9, September 20, 2024
Section V-301 - Fees and Other ChargesA. The Department of Natural Resources, Office of Mineral Resources, pursuant to the authority of Act 106 of the 2002 First Extraordinary Session of the Louisiana Legislature authorizing and setting fees and charges, has adopted the following fees and charges commensurate with costs incurred in the application for and administration of state oil, gas and mineral leases and operating agreements on state-owned lands and water bottoms. These fees and charges shall be periodically reviewed under applicable statutory authority and may be increased, subject to caps and guidelines within that authority, to maintain fiscal parity with economic conditions on an ongoing basis. The fees currently being charged and the amount thereof are as follows. 1. Pursuant to R.S. 30:124, a fee from the successful bidder for obtaining a new mineral lease equal to 10 percent of the total cash bonus amount bid, in additions to the cash bonus paid, and paid by the successful bidder for the lease to cover the cost of the bid awarding process. A check or money order for this fee shall be contained in the sealed bid packet accompanying the cash bonus and bid form.2. Pursuant to R.S. 30:125, a non-refundable fee, presently in the amount of $400, submitted as a check or money order by the party nominating state owned lands and water bottoms accompanying said nominating application to cover the cost of processing and advertising the nomination.3. Pursuant to R.S. 30:126(A), a fee, presently in the amount of $20, to cover costs of providing on request a certified proof of publication showing that nominated tracts have been properly advertised.4. Pursuant to R.S. 30:126(B), fees in the present amount shown below for hard copies of items listed below: a. yearly subscription for notice of publication-$120 per year;b. copies of tract maps north of the thirty-first parallel-$10 per month;c. copies of tract maps south of the thirty-first parallel-$20 per month;d. certified proofs of no conflict or overlap-$5 each;e. certified proofs of tracts within 3 mile limit of Louisiana coastline-$5 each.5. If any item is requested in electronic form the fee shall be a yearly subscription payment presently in the amount of $200.6. Pursuant to R.S. 30:127(C), fee, presently in the amount of $5 each, to cover the cost of furnishing certified proof of the existence of a particular lease.7. Pursuant to R.S. 30:128(A), fee, presently in the amount of $100 each, to cover the cost of preparing and docketing transfers or assignments of leases or other mineral rights.8. Pursuant to R.S. 30:129(A), following fees, presently in the amounts listed below, for particular administration of leases: a. fee of $500 to cover the cost of advertising and docketing of each instrument related to the administration of leases having to do with pooling and unitization;b. fee of $50 per hour for each hour or portion thereof spent by staff to verify claims, disputes, or questions pertaining to the terms, conditions, obligations and duties expressed or implied in the state mineral leases.9. Pursuant to R.S. 30:130, fee, presently in the amount of $1 per copy, to cover the cost of certification of records.10. Pursuant to R.S. 30:143(C), fee, presently in the amount of $100, collected together with a bond for applications to transfer interest in a solid mineral lease to cover investigation by the state of the transfer.11. Pursuant to R.S. 30:148.3, fee deducted from $50 advance payment for application to secure a lease to erect transportation and/or storage facilities (including underground storage facilities) to cover cost of advertising for the said lease.12. Pursuant to R.S. 30:126(B)(2)(g), a fee, presently in the amount of $1 per page, to transmit by facsimile mail or in any other electronic form any documents when requested to do so to cover the cost of such facsimile transmittal.13. Pursuant to R.S. 30:126(B)(2)(g), a fee presently in the amount of $0.25 per page, to physically copy or print any document which it oversees upon request to cover the actual cost of copying same, as well as a fee, presently in the amount of $5, to copy any map or plat in a form no larger than 11 1/2' x 17' at customer request.14. Pursuant to R.S. 30:215(A), fee for obtaining a non-exclusive geophysical permit on state owned lands and water bottoms as authorized between a maximum of $30 per acre and a minimum of $5 per acre, and set by the most recent resolution of the State Mineral Board of record and on file in the Office of Mineral Resources, multiplied times the number of state owned land and/or water bottom acres located within the geographic boundary of the permitted area.15. Pursuant to R.S. 30:216, fee for exclusive geophysical agreements over state owned lands and water bottoms comprised of the per acre bid price, over the minimum per acre acceptable price set by the State Mineral Board, made by the successful bidder for the geophysical agreement multiplied times the number of state owned acres.B. Other charges in the form of liquidated damages or penalties assessed pursuant to contractual or applicable statutory authority.1. Pursuant to R.S. 30:125(B), liquidated damage penalty of $100 per day levied against each current record lease holder of state mineral lease who does not maintain as current his authorization to do business in the state of Louisiana as evidenced by receipt in the Office of Mineral Resources of a copy of the renewed authorization to do business in the state of Louisiana. This liquidated damage penalty shall accrue until receipt by the Office of Mineral Resources of the appropriate copy of the said certificate of renewal of authorization. The State Mineral Board may waive all or any portion of this liquidated damage penalty.2. Pursuant to contractual agreement in the state mineral lease form document, liquidated damage assessed jointly and severally against state lessees of a terminated state mineral lease in the amount of $100 per day beginning on the ninety-first day following lease termination for failure to execute and record an appropriate release of the state mineral lease. This liquidated damage shall continue to accrue until the appropriately executed release is recorded in the proper parish(s) in which the terminated lease is located. The State Mineral Board may waive all or any portion of this liquidated damage.3. Pursuant to R.S. 30:128(B)(1), penalty of $100 per day, up to a maximum of $1,000, accruing on a daily basis from the sixty-first day following execution of the transfer or assignment of an interest in a state mineral lease for failure to obtain State Mineral Board approval within 60 days of execution.4. Pursuant to R.S. 30:136(A)(1)(c), liquidated damage penalty of $1,000 assessed against new payor for failure to notify the Office of Mineral Resources of payor change to new payor for a lease unit well code (LUW) and provide necessary information on new payor prior to date new payor makes payment due.5. Pursuant to R.S. 30:136(B)(1), liquidated damage penalty of 5 percent of total sum due or paid, not to exceed $500, for incorrectly completing any part of any form required by the Department of Natural Resources or the Office of Mineral Resources to be filed in conjunction with payments of any sum, other than bonuses, rentals or shut-in payments, owing to the state from the day after due date of payment made, unless corrected prior to due date. The State Mineral Board may waive all or any portion of this liquidated damage penalty.6. Pursuant to R.S. 30:136(B)(1), liquidated damage specified as such in any contract entered into by the state of Louisiana, through the State Mineral Board, including, but not limited to, mineral leases, operating agreements, etc., the purpose of which is to facilitate the exploration, drilling, development and production of minerals from state owned lands and water bottoms which shall, as between the contracting parties, specify the agreed upon amount of damage, including cost of recovery, which would be incurred by the state as a result of a violation of the terms of the contractual agreement.7. Pursuant to R.S. 30:136(B)(2), liquidated damage penalty of 10 percent of total of any sum due, not to exceed $1,000, for underpayment of that said sum due, other than bonus, rentals or shut-in payments, collectable on the day after the sum was due. The State Mineral Board may waive all or any portion of this liquidated damage penalty.8. Pursuant to R.S. 30:136(B)(3), penalty of additional 2 percent of total sum due if incorrectly completed form which necessarily accompanies a payment due, is not corrected within 60 days following payment due date, or sum due- other than cash bonus, rental or shut-in payment- is either not paid or underpaid by due date; penalty begins accruing on sixty-first day following failure to correct an incorrectly completed form or day following due date on failed payment or under payment of sum due and accrues on each 30 day period thereafter, or fraction thereof, up to a maximum of 24 percent. Penalty shall be levied on principal and accrued interest each 30 day period. The State Mineral Board may waive all or any portion of this penalty.9. Pursuant to R.S. 30:209(2), monetary revenues derived from the sale of production, less reasonable costs of drilling, equipping and operating wells, from or allocated to state owned lands and water bottoms which are not under a state mineral lease.10. Pursuant to R.S. 30:209(4)(b), monetary revenues equal to 25 percent of the value of production payments derived from operating agreements entered into by the state of Louisiana after August 15, 1997.La. Admin. Code tit. 43, § V-301
Promulgated by the Department of Natural Resources, Office of Mineral Resources, LR 26:1063 (May 2000), amended LR 34:275 (February 2008).AUTHORITY NOTE: Promulgated in accordance with Act No. 106 of the first Extraordinary Session of the 2002 Louisiana Legislature.