Louisiana Revised Statutes 36:359 – Transfer of agencies and functions to Department of Energy and Natural Resources
Terms Used In Louisiana Revised Statutes 36:359
- Assistant secretary: means the officer designated by law or by the secretary of each department to carry out the duties and functions of an office within certain departments, except an office of management and finance and the office of state police of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 36:3
- Deputy secretary: means the officer authorized to be appointed by the secretary to serve as his principal administrative assistant. See Louisiana Revised Statutes 36:3
- Ex officio: Literally, by virtue of one's office.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
- Secretary: means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title. See Louisiana Revised Statutes 36:3
- Undersecretary: means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments. See Louisiana Revised Statutes 36:3
A. The following agencies are transferred to the Department of Energy and Natural Resources and shall exercise and perform their powers, duties, functions, and responsibilities as provided by law:
(1) Oyster Lease Damage Evaluation Board (La. Rev. Stat. 56:700.10 et seq.).
(2) Advisory committee for the regulation and control of water well drillers (La. Rev. Stat. 38:3098 et seq.).
(3) Water Management Advisory Task Force (La. Rev. Stat. 38:3097.7).
B. The following agencies are transferred to the Department of Energy and Natural Resources and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of La. Rev. Stat. 36:802:
(1) State Department of Conservation (Article V, Section 18 and Article VI, Section 1(C) of the 1921 Constitution of Louisiana made statutory by Article XIV, Section 16(A)(2) and (3) of the 1974 Constitution of Louisiana; Part I of Chapter 1 of Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950 and other provisions of Title 30 that directly apply to the department), except that the secretary, deputy secretary, and undersecretary of the department shall have no authority to exercise, review, administer, or implement the quasi judicial, licensing, permitting, regulatory, rulemaking, or enforcement powers or decisions of the assistant secretary of the office of conservation. The assistant secretary shall be authorized to employ, appoint, remove, assign, and promote personnel as is necessary for the efficient administration required in making these decisions, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules, subject to budgetary control of the Department of Energy and Natural Resources, and applicable laws.
(2) State Mineral and Energy Board (La. Rev. Stat. 30:121 et seq.), except the secretary of the Department of Energy and Natural Resources shall be an ex officio member of the State Mineral and Energy Board. The State Mineral and Energy Board shall retain the authority to lease for development and production of minerals, oil, and gas, any lands belonging to the state, or the title to which is in the public, including road beds, water bottoms, and land adjudicated to the state at tax sale. The State Mineral and Energy Board shall retain supervision of all mineral leases granted by the state, and it shall retain general authority to take action for and on behalf of and to protect the interests of the state in accordance with the provisions of Title 30 of the Louisiana Revised Statutes of 1950, as amended, and applicable laws.
(3) Water Resources Commission (La. Rev. Stat. 38:3097.1 et seq.), except that the commission’s powers, duties, functions, and responsibilities are in the nature of policymaking and adjudication. The commission shall continue to exercise all advising powers, duties, functions, and responsibilities provided by law.
C. The Oilfield Site Restoration Commission (La. Rev. Stat. 30:80 et seq.) is placed within the Department of Energy and Natural Resources and shall perform its powers, duties, functions, and responsibilities in accordance with the provisions of La. Rev. Stat. 36:901 et seq.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1983, No. 97, §7, eff. Feb. 1, 1984; Acts 1983, No. 543, §2; Acts 1983, No. 705, §7, eff. Sept. 1, 1983; Acts 1984, No. 795, §2, eff. July 13, 1984; Acts 1984, No. 514, §3, eff. July 6, 1984; Acts 1986, No. 581, §3, eff. July 2, 1986; Acts 1988, No. 630, §2; Acts 1988, No. 724, §3, eff. July 18, 1988; Acts 1989, No. 282, §6, eff. June 27, 1989; Acts 1992, No. 1067, §2; Acts 1993, No. 404, §3; Acts 1997, No. 181, §2; Acts 1997, No. 1116, §2; Acts 1998, 1st Ex. Sess., No. 3, §2, eff. April 23, 1998; Acts 2003, No. 49, §1, eff. July 1, 2003; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2009, No. 196, §4, eff. July 1, 2009; Acts 2010, No. 861, §17; Acts 2011, No. 301, §1; Acts 2012, No. 471, §1; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2018, No. 570, §5, eff. July 1, 2018; Acts 2022, No. 623, §4, eff. July 1, 2022; Acts 2023, No. 150, §10, eff. Jan. 10, 2024.