Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 119
BY SENATOR PERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 41:1217.1(B) and R.S. 56:30.3(B) and to enact R.S. 56:799.7,2
relative to leases of public lands; to provide for certain provisions regarding leases3
on public lands; to exempt lands administered, controlled or managed by the4
Department of Wildlife and Fisheries from certain restrictions on public leases; to5
provide for terms of a lease transferred to the state from another party; to provide6
terms, conditions, and requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R. S. 41:1217.1(B) is hereby amended and reenacted to read as follows:9
§1217.1. Renewal of lease; highest bid option10
* * *11
B. Notwithstanding any provision of law to the contrary, if the commissioner12
or secretary determines there exists a public need to maintain the current lessee most13
recent lessee of record, his heirs, or assignees, the commissioner or secretary may14
offer the current lessee most recent lessee of record, his heirs, or assignees, if he15
made a bid, the option to match the highest bid in order to continue to lease the state16
lands. The provisions of this Subsection shall apply to lessees who held a lease17
with another party, which lease was subsequently transferred to the state. The18
provisions of this Subsection shall not apply to oyster leases, alligator leases, or oil19
and gas leases entered into by the Department of Wildlife and Fisheries, or to any20
lease entered into by the State Mineral and Energy Board.21
* * *22
ACT No. 335 SB NO. 119 ENROLLED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. R.S. 56:30.3(B) is hereby amended and reenacted and R.S. 56:799.7 is1
hereby enacted to read as follows:2
§30.3. Lease of state lands; access to public waterways3
* * *4
B. Notwithstanding any provision of law to the contrary, if the secretary5
determines there exists a public need to maintain the current lessee, most recent6
lessee of record, his heirs, or assignees, the secretary may offer the current lessee7
most recent lessee of record, his heirs, or assignees, if he made a bid, the option8
to match the highest bid in order to continue to lease the state lands. The9
provisions of this Subsection shall apply to lessees who held a lease with another10
party, which lease was subsequently transferred to the state. The provisions of11
this Subsection shall not apply to oyster leases, oil and gas leases or alligator leases12
entered into by the department, or to any lease entered into by the State Mineral and13
Energy Board. The department shall promulgate rules and regulations providing for14
uniform criteria to assess the management of leased property.15
* * *16
§799.7. Exemption from restrictions of area and number; fair market value17
A. At the end of the term of a lease which was issued on property18
governed by the provisions of this Subpart which lease was transferred to the19
state through the act of donation, the property subject to such lease may be20
offered by the department for lease. Such lease shall be deemed a new lease and21
shall be offered for public bid under the provisions of Part 1 of Chapter 10 of22
Title 41 of the Louisiana Revised Statutes of 1950. The provisions of R.S.23
41:1217.1 and R.S. 56:30.3 which allow the secretary to offer the most recent24
lessee of record, his heirs, or assignees, the option to match the highest bid in25
order to continue to lease the state land shall apply to any bid process under the26
provisions of this Subsection. However, such leases, renewals, or extensions27
shall be exempt from the provisions of R.S. 41:1216(A) which limit the total28
acreage which may be leased and the number of leases which may held by any29
one lessee.30 SB NO. 119 ENROLLED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. All leases or extensions of leases issued on property governed by the1
provisions of this Subpart shall be in exchange of consideration proportionate2
to the fair market lease value of the property to be leased.3
Section 3. This Act shall become effective on June 23, 2011.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: