HLS 11RS-801 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 564
BY REPRESENTATIVES SEABAUGH, CHAMPAGNE, AND KATZ AND SENATOR
KOSTELKA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MINERALS/LEASES: Provides relative to surface and subsurface restoration under a
mineral lease or servitude
AN ACT1
To enact R.S. 30:84(A)(3) and 86(D)(7) and R.S. 31:134.1, relative to the remediation of2
oilfield sites; to provide for the authority of the secretary; to provide for funding of3
the Oilfield Site Restoration Fund; to provide for preferred remedies for failure to4
restore the property leased under a mineral lease or mineral servitude; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:84(A)(3) and 86(D)(7) and (E)(7) are hereby enacted to read as8
follows:9
§84. Powers of the secretary10
A. The powers of the secretary shall include without limitation the power to11
do the following:12
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(3) Take any legal action necessary to meet the purpose of this Part.14
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§86. Oilfield Site Restoration Fund16
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D. The following monies shall be placed into the Oilfield Site Restoration18
Fund:19
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HB NO. 564
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) Any monies recovered from activities conducted pursuant to this Part.1
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Section 2. R.S. 31:134.1 is hereby enacted to read as follows: 3
§134.1. Restoration of property; notice4
In the case of a claim for surface or subsurface restoration under a mineral5
lease or mineral servitude, the preferred remedy shall be specific performance,6
subject to written notice and a reasonable opportunity to respond and perform.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Seabaugh HB No. 564
Abstract: Authorizes the secretary of the Dept. of Natural Resources to take legal action
to meet the purpose of the La. Oilfield Site Restoration Law and provides that
specific performance is the preferred remedy in a case of failure to restore the
property subject to a mineral lease or mineral servitude.
Present law provides for the proper and timely cleanup, closure, and restoration of orphaned
oilfield sites and creates the Oilfield Site Restoration Fund (fund) for that purpose.
Proposed law provides that monies recovered from activities conducted pursuant to the La.
Oilfield Site Restoration Law shall be placed in the fund.
Proposed law authorizes the secretary of the Dept. of Natural Resources to take legal action
to meet the purpose of the La. Oilfield Site Restoration Law.
Proposed law provides that specific performance is the preferred remedy in a case of failure
to restore the property subject to a mineral lease or mineral servitude.
Proposed law requires notice be sent to the lessor or grantee and a reasonable opportunity
to respond and perform.
(Adds R.S. 30:84(A)(3) and 86(D)(7) and R.S. 31:134.1)