31 Tex. Admin. Code § 10.1 - Definitions; Exploration and Development Guide
(a) Definitions. The following words and
terms, when used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
Board--The School Land Board.
(2)
Commissioner--The commissioner of the General Land Office.
(3) GLO--The General Land Office.
(4) Land trade lands--Lands, the surface of
which have been sold or traded with mineral rights and leasing rights retained
by the state.
(5) Mineral--Any
naturally occurring inorganic or organic substance formed through geological
processes having a definite chemical composition or a range of characteristic
chemical compositions, and distinctive physical properties or molecular
structure, or an aggregate thereof, that may be extracted from the earth with
an expectation of profit. This includes, but is not limited to, base and
precious metals; industrial minerals, such as gypsum, sulphur, talc, etc.; coal
and lignite; construction materials such as granite, limestone, rhyolite and
other rock that may be quarried for dimension stone or crushed for aggregate;
or sand, gravel, caliche, clay and borrow material.
(6) Person--Any individual, partnership,
corporation, association, or other legal entity.
(7) PSF--The Permanent School Fund.
(8) PUF--The Public University
Fund.
(9) Relinquishment Act
lands--Any public free school or asylum lands, whether surveyed or unsurveyed,
sold with a mineral classification or reservation between September 1, 1895,
and August 21, 1931. For the purposes of this chapter and for convenience, the
term "Relinquishment Act lands" shall encompass any other lands, including
vacancy lands, patented with all minerals reserved to the state and expressly
made subject to the leasing terms and procedures governing Relinquishment Act
lands.
(10) Relinquishment Act
leases--Leases issued under the Texas Natural Resources Code, Chapter 53,
Subchapter C, and §
10.5 of this title (relating to
Mining Leases on Relinquishment Act Lands).
(11) RRC--The Texas Railroad
Commission.
(12) SLB--The School
Land Board.
(13) Surface
mining--The mining of minerals by removing the overburden, if any, lying above
the natural deposit of minerals and mining directly from the natural deposits
that are exposed. The term does not include in situ mining
activities.
(14) TDC--The Texas
Department of Corrections.
(15)
TPWD--The Texas Parks and Wildlife Department.
(b) Exploration and development guide. For
exploration and development for oil and gas, see Chapter 9 of this title
(relating to Exploration and Leasing of State Oil and Gas). Minerals, other
than oil and gas, underlying state lands are explored and leased in the
following ways, depending upon the type of mineral and the type of land.
(1) PSF lands, upland.
(A) Coal, lignite, sulphur, salt, and potash:
leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter
53, Subchapter E and I, and §
10.4 of this title (relating to
Exploration and Mining Leases for Minerals Subject to Sealed Bid).
(B) All other minerals, explored and mined
under prospect permits and leases issued by the GLO. See the Texas Natural
Resources Code, Chapter 53, Subchapter B; §
10.2 of this title (relating to
Prospect Permits on State Lands) and §
10.3 of this title (relating to
Mining Leases on Properties Subject to Prospect).
(2) PSF lands, submerged, and state-owned
riverbeds and channels.
(A) Coal, lignite,
sulphur, salt, and potash: subject to exploration under §
10.4 of this title (relating to
Exploration and Mining Leases for Minerals Subject to Sealed Bid). Leased by
sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53,
Subchapter E; §
10.4 of this title (relating to
Exploration and Mining Leases for Minerals Subject to Sealed Bid).
(B) Marl, shell, sand, gravel, and mudshell:
mined under permit issued by the TPWD. See the Texas Parks and Wildlife Code,
Chapter 86.
(C) All other minerals:
subject to exploration under §
10.2 of this title (relating to
Prospect Permits on State Lands). Mined under leases issued by the GLO. See the
Texas Natural Resources Code, Chapter 53, Subchapter B; §
10.2 of this title (relating to
Prospect Permits on State Lands) and §
10.3 of this title (relating to
Mining Leases on Properties Subject to Prospect).
(3) Relinquishment Act lands. All minerals:
leased by surface owner as agent for the state. See the Texas Natural Resources
Code, Chapter 53, Subchapter C; §
10.5 of this title (relating to
Mining Leases on Relinquishment Act Lands).
(4) Land trade lands.
(A) Coal, lignite, sulphur, salt, and potash:
leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter
53, Subchapter E; §
10.4 of this title (relating to
Exploration and Mining Leases for Minerals Subject to Sealed Bid).
(B) All other minerals, explored and mined
under prospect permits and/or leases issued by the GLO. See the Texas Natural
Resources Code, Chapter 53, Subchapter B; §
10.2 of this title (relating to
Prospect Permits on State Lands) and §
10.3 of this title (relating to
Mining Leases on Properties Subject to Prospect).
(5) State agency lands (except TPWD and TDC
lands). All minerals: leased by sealed bid by the SLB. See the Texas Natural
Resources Code, Chapter 32, Subchapters D and E; Chapter 153 of this title
(relating to Exploration and Development).
(6) TDC and TPWD lands. All minerals: leased
by sealed bid by the appropriate board for lease. See the Texas Natural
Resources Code, Chapter 34; §§
201.5- 201.8 of this title
(relating to Land for Lease; Excluded Land; Lease Sale; and Nominations of
Tracts for Lease).
(7) PUF lands.
All minerals: lease or otherwise develop as decided by the board of regents.
See the Texas Education Code, §
66.44.
Notes
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