| (3) Upon forfeiture, the commissioner will give written notice
to the lessee or permittee stating the date of forfeiture and the reasons
for the forfeiture. The notice of forfeiture will be sufficient if mailed
to the last known address of the lessee or assignee shown of record in the
GLO.
(4) A forfeiture may be set aside and all rights under a lease
or permit may be reinstated before the rights of another party intervene,
upon satisfactory evidence to the commissioner of future compliance with the
provisions of the law, of the lease or permit, and of any rules adopted relative
to the lease or permit, and any conditions placed upon the reinstatement.
Lessee or permittee shall offer the evidence required for reinstatement within
30 days after the date the notice of forfeiture was mailed and after such
30 days shall have no future right of reinstatement. If a lease or permit
issued under §155.44 of this title (relating to Mining Leases on Relinquishment
Act Lands) is not reinstated within the 30-day period, the surface owner is
entitled to act as the state's agent for leasing the minerals.
(e) Reduction of penalty and/or interest. The School Land Board
may reduce penalties and/or interest assessed under the Texas Natural Resources
Code, §52.131, and/or any other penalties or interest relating to delinquent
or unpaid royalties that have been assessed by the commissioner in the following
circumstances:
(1) When a lessee brings a deficiency to the General Land Office's
attention voluntarily; and/or
(2) When a lessee and the General Land Office have reached
an agreement regarding the reduction as part of a resolution of an outstanding
audit issue.
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