Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter A - RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES › Section 13.1 - Leases

Current through Reg. 49, No. 28; July 12, 2024
(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.