La. Admin. Code tit. 43 § XXXI-211

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXI-211 - Publication, Approval, Execution, and Recordation of Agreement

A. Publication. When the executive director proposes to execute any agreement under this chapter, the executive director shall publish the proposed agreement as provided in the Administrative Procedures Act, R.S. 49:953. The agreement shall be published in the Louisiana Register at least once, the first publication of which shall be at least 100 days before the legislative bodies may act on it.

B. Review by Legislative Committees. At least 100 days after the first publication of the proposed agreement, the executive director shall submit it for review and approval to the House and the Senate Committees on Natural Resources.

C. Execution or Renegotiation by the Executive Director. Upon approval by the House and Senate Committees on Natural Resources, the executive director may execute the agreement.

1. If the House or Senate Committee on Natural Resources disapproves the agreement or request amendments, the executive director may renegotiate the agreement so as to meet the objections or amendments identified by such committee. The executive director may elect to discontinue negotiations and decline to enter into the agreement.

2. Upon successful renegotiation, the executive director shall republish and resubmit the renegotiated Agreement to the House and Senate Natural Resources Committees as set forth above.

D. Execution by the Commissioner. The commissioner of the Division of Administration shall also be a party to any agreement under this Chapter.

E. Recordation. Upon execution of an agreement by all parties thereto, the executive director shall provide a fully-executed copy of the agreement to each person that is a party thereto and the commissioner of the Division of Administration.

1. The owner or acquiring authority shall record the agreement in the conveyance records of all parishes in which property affected by the agreement is located.

2. Recording of an agreement in the conveyance records of all parishes in which the property affected by the agreement is located shall constitute public notice thereof for all purposes.

3. The owner or acquiring authority recording the agreement shall immediately provide certified copies thereof to the executive director and the administrator of the Office of State Lands.

La. Admin. Code tit. 43, § XXXI-211

Promulgated by the Office of the Governor, Coastal Protection and Restoration Authority, LR 451587 (11/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1702.