(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 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.
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