Section 155.42 - Mining Leases on Properties Subject to Prospect(a) Lands subject to lease. Those tracts of land subject to prospect permit are subject to lease under this section. See § 155.40 of this title (relating to Definitions; Exploration and Development Guide).(b) Lease application requirements and procedures.(1) In an application for prospect permit on a state tract, an applicant may indicate that geothermal energy and related resources are located on the state tract and request an immediate issuance of a lease on that tract. A lease may be issued to the applicant in lieu of a prospect permit if the commissioner determines that geothermal energy and related resources are located on the state tract, if applicant's application for prospect permit was received first under § 155.41(b)(5) of this title (relating to Prospect Permits on State Fee Lands), and if the SLB approves the application.(2) At any time during the effective period of a prospect permit, the permittee may submit an application to lease the area covered by the prospect permit or a designated portion thereof.(3) Application to lease shall include:(A) An identification of the applicant's prospect permit(s);(B) The date of issuance of the prospect permit(s);(C) A description of the tract(s) of land which identifies the area to be leased by section number, part of the section or survey to be leased, block number, township number, and/or certificate number, if applicable, survey name, number of acres contained in the section, 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;(D) The name, address, phone number, and taxpayer ID number of a non-corporate applicant;(E) The corporate name, phone number, taxpayer ID number, address, the name of the officer authorized to execute permits and leases, and written evidence confirming that a corporate applicant is not delinquent in paying its franchise taxes;(F) Statement of the applicant's proposed lease terms; and(G) Field notes describing the area to be leased, if such area is less that that covered by the prospect permit and cannot be accurately described as a part of the section, such as NE/4. The field notes must be prepared either by a licensed state land surveyor or the elected or appointed county surveyor of the county in which the land is located pursuant to Texas Natural Resources Code § 21.011.(4) The TPWD may review the leasing of lands whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, but whose minerals are subject to lease under this section. Within 10 days of receipt of an application to lease on such lands, the GLO shall notify the executive director of TPWD.(5) The application to lease shall be accompanied by a filing fee prescribed by § 1.3 of this title (relating to Fees) and the proposed lease bonus payment that shall not be less than $2.00 per acre.(6) In order to fully evaluate the application to lease, GLO staff may request that an applicant submit additional information, including information about the proposed mining operation.(7) Each application to lease shall be subject to the approval of SLB in order to determine whether the lease is in the best interest of the state by considering the following: (A) Whether the proposed lease terms and conditions are in conformity with the Texas Natural Resources Code, § 141 et seq., and this subchapter;(B) Whether the proposed lease terms are comparable to the best leases in the area which cover the same mineral or minerals;(C) Whether the proposed lease terms are compatible with other valuable uses of the leased premises; and(D) Whether the lease terms adequately compensate the PSF for the loss of other valuable uses of the leased premises.(8) If the SLB rejects an application to lease, the applicant will be notified and will be advised of the specific reasons for the denial.(c) Issuance of mining lease. (1) Leases will be upon a form prescribed and furnished by the GLO and will include those provisions the commissioner considers necessary for the protection of the interests of the state.(2) Upon approval of an application to lease, a lease will be prepared with the appropriate terms and conditions, signed by the commissioner, affixed with the seal of the GLO, and delivered to the lessee.(3) On the same day that a lease 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 shall notify TPWD of the issuance of the lease. Such lease shall 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 lease 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 lease issued under this section.(5) Leases shall be recorded in each county in which the state's property is located. After recordation, lessee shall obtain a certified copy of the recorded lease from the county clerk. Lessee shall send such certified copies to the GLO within 90 days of the date of recordation.(d) Minimum terms and conditions.(1) The term of a mining lease for geothermal energy and related resources shall be determined by the SLB on a case by case basis.(2) The lease bonus shall be not less than $2.00 per acre.(3) The annual rental payments thereafter during the primary term shall be not less than $1.00 per acre.(4) The royalty shall be not less than one-sixteenth of the value of the minerals produced under said lease.(5) The lease may provide for both an advance royalty provision and a shut-in royalty. The shut-in royalty provision shall allow the lease to be maintained in one-year increments for a total of five consecutive years.(6) Upland leases must include a provision requiring the payment of damages for the use of the surface in prospecting for, exploring, developing, or producing the leased minerals. The amount of damages for use of the surface will be determined through negotiations with GLO staff, approved by the SLB, and incorporated in each lease form.(7) Lessee shall conduct all mining operations in compliance with state and federal laws and § 155.46 of this title (relating to Conduct of Exploration and Mining Operations).(e) Assignments, releases, reports, inspections, forfeiture, and reinstatement. Leases issued under this section are subject to all general provisions covered in § 155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements).31 Tex. Admin. Code § 155.42
The provisions of this §155.42 adopted to be effective November 15, 2000, 25 TexReg 11290; amended to be effective February 3, 2013, 38 TexReg 383