31 Tex. Admin. Code § 13.1 - Leases
(a) Lease fee. The appropriate filing fee
will be determined by §
13.18 of this title (relating to
Fees for Surface Leases for Certain Facilities), except for commercial leases.
The General Land Office will charge commercial lease applicants a fee to offset
the costs of evaluating the lease proposals. The fee shall be 1.5% of the fair
market value of the property being leased, determined at the time the lease is
executed. The commissioner may waive all or a part of this fee.
(b) Awards. After study and investigation of
the application for suitability of the purpose for the lease, surrounding
ownership of the tract, access, water availability, improvements by any prior
lessee, and management by any current lessee, the commissioner may award the
lease to the highest responsible bidder.
(c) Soil and water conservation plans. In the
interest of sound land management practices, lessee may be required to
implement a soil and water conservation plan. The plan is to be developed
between lessor, lessee, and may include the USDA, Natural Resources
Conservation Service and/or Soil and Water Conservation Districts, or other
entities approved by the Lessor. Lessee shall comply with the following
procedures adopted by the General Land Office for submission and approval of
the plan.
(1) After entering into a surface
lease with the General Land Office, lessee will prepare a natural resources
plan to meet the needs of the leased tract. The term of the plan shall coincide
with the term of the contract. Failure to timely submit the soil and water
conservation plan as outlined below will subject the lease to
forfeiture.
(2) The preliminary
plan should be submitted to the appropriate field office of the General Land
Office, which shall then forward the plan to the General Land Office in Austin.
The preliminary plan shall be submitted for approval within a reasonable amount
of time, and in any event, no later than six months from the time lessee
entered into the lease agreement. Submission of the plan to the appropriate
field office shall constitute filing for the purposes of this
paragraph.
(3) The General Land
Office shall notify lessee in writing at the earliest possible time of approval
or rejection.
(4) If the plan or
any part thereof is not approved, lessee will be notified by letter stating the
specific reasons. Lessee will be required to follow the same procedure and
resubmit a modified plan to the appropriate field office. The modified plan
shall be submitted within a reasonable period of time from notice of rejection,
and in no event later than four weeks from the date of the notice.
(5) Once a plan has been approved, lessee
will be required to comply with the timetables and schedules set out in the
plan document.
(d) Uses.
Lessee shall use the leased premises for purposes stated in the lease only. Any
other use of the leased premises is unauthorized and shall subject the lease to
forfeiture at the discretion of the commissioner.
(e) Fine for unlawful use. If a person
without authority or right cuts or removes any mineral, guayule, or lechuguilla
from land that belongs to the permanent school fund, a fine will be imposed
against the person by the General Land Office in an amount that is equal to the
value of the substance that was cut or removed and will subject the lease to
forfeiture at the option of the lessor.
(f) Refunds. Refunds may be issued in cases
of mistake, overcharge, or for other good cause. If a lessee abandons or
surrenders a lease, a refund will not be issued unless the commissioner agrees
to rescind the lease.
Notes
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