31 Tex. Admin. Code § 155.41 - Prospect Permits on State Lands
(a)
Lands subject to prospecting. See §
155.40 of this title (relating to
Definitions; Exploration and Development Guide) to determine which lands are
subject to prospect permit procedures. Generally, PSF fee lands and land trade
lands are subject to prospecting under this subchapter.
(b) Application requirements and procedures.
(1) Any person, firm, or corporation desiring
to apply for a prospect permit shall make written application upon the form
prescribed and furnished by the GLO. The application to prospect shall include:
(A) A description of the tract of land which
identifies it by the section number, part of section or survey to be
prospected, township number, and/or certificate number, if applicable, survey
name, block number, number of acres to be prospected, and county or counties in
which the land lies and, if land trade lands, the name and address of surface
owner of record in the tax assessor's office; and
(B) The name, address, phone number, and
taxpayer ID number of the applicant. If the applicant is a corporation, the
corporate name, address, phone number, taxpayer ID number, the name of the
officer authorized to execute applications for permits and leases, and written
evidence confirming that it is not delinquent in paying its franchise
taxes.
(2) The
application to prospect may be for a part of a section if the part is described
by field notes of record in the GLO or if the part can accurately be described
as a part of the section such as the NE/4.
(3) The application to prospect shall be
accompanied by the filing fee prescribed by § 1.3 of this title (relating to
Fees) and, except as otherwise provided in §
155.44 of this title (relating to
Mining Leases on Relinquishment Act Lands), a prospecting fee payment of $1.00
per acre.
(4) Within 10 days of
receipt of an application for permit on lands whose surface is owned or leased
by TPWD or is subject to a conservation easement in favor of TPWD, the GLO
shall notify the executive director of the TPWD that an application for permit
has been received.
(5) Permits or
immediate leases issued under §
155.42(b)(1) of
this title (relating to Mining Leases on Properties Subject to Prospect) will
be issued on the basis of the order in which applications to prospect are
received. An application will be determined to be received on the date and time
receipt is acknowledged by the mailroom staff of the GLO.
(6) If an application to prospect is received
for a tract of land encumbered by a previously received application or by a
valid prospect permit, the application will be rejected and the applicant will
be notified and all monies tendered will be refunded upon request.
(7) An applicant may request that the
application to prospect be withdrawn. If the request is received prior to
processing of the prospect permit, all monies tendered will be
refunded.
(8) An applicant may be
requested to supplement the application with information in order that the GLO
may determine whether prospecting will be conducted in good faith and in an
orderly and environmentally responsible manner.
(c) Prospect permit issuance and
requirements.
(1) After the application
requirements have been satisfied and the commissioner has determined that
mineral development is in the best interest of the state, a prospect permit
will be issued on a form prescribed and furnished by the GLO.
(2) The prospect permit will be for a term of
one year from the date of application.
(3) On the same day a permit is issued under
this section on land whose surface is owned or leased by TPWD or is subject to
a conservation easement in favor of TPWD, the GLO will notify TPWD of the
issuance of the permit. The permit issued on such land will state that the
surface of such land is owned or leased by TPWD or is subject to a conservation
easement in favor of TPWD.
(4) On
land trade lands, the GLO will notify the surface owner that a permit has been
issued if the surface owner requests such notice in writing by furnishing the
GLO with a current mailing address and a legal description of each tract on
which he desires such notice. Notice will also be sent to the surface owner at
the address supplied on the application form. Failure to receive notice will
not affect the validity of a permit issued under this section.
(d) Prospect permit renewal.
(1) Permittee may request a renewal of a
permit by tendering the appropriate prospecting fee payment and filing fee
before the expiration date of the current permit. Prospect permit renewals, if
granted, will be issued on a form prescribed and furnished by the GLO and shall
extend the term of the permit for one year from the expiration date.
(2) Subject to the discretion of the
commissioner, a prospect permit may be renewed up to and including four times,
allowing the holder to retain the permit for five consecutive years from the
date of issuance of the original prospect permit. At the time a permittee
requests renewal of a permit, a determination of whether the permittee has
exhibited good faith in prospecting and whether the permittee has complied with
all SLB rules and regulations will be considered in the decision to grant or
deny a renewal.
(3) If the holder
of a prospect permit allows the permit to expire without filing for renewal, a
new application must be submitted. Priority of competing applications is
governed by subsection (b)(5) of this section.
(e) Assignments and releases. Prospect
permits may be assigned or released in accordance with §
155.47 of this title (relating to
Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and
Reinstatements). The assignment or release must be filed with GLO and must be
accompanied by the filing fee prescribed by § 1.3 of this title (relating to
Fees).
(f) Reports and inspections.
(1) Permittee must comply with all
requirements of §155.46 of of this title (relating to Conduct of Exploration
and Mining Operations) and §
155.47 of this title (relating to
Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and
Reinstatements).
(2) All
prospecting operations shall be subject at any time to inspection by the
commissioner or an authorized representative. Information or data pertaining to
prospecting operations shall be furnished to the commissioner or an authorized
representative upon request.
Notes
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