Presenter: Ann Bright

Commission Agenda Item No. 18
Action
Commission Policy – Delegation of Authority
to Executive Director for Oil and Gas
Lease Nominations with No Surface Occupancy
Resolution
November 2006

I. Executive Summary: The lease of Texas Parks and Wildlife Department (TPWD) minerals can provide an important source of revenue for TPWD operations. To accommodate the schedule of the Board for Lease for Texas Parks and Wildlife Lands (the Board for Lease), staff recommends that the Commission adopt by resolution new Commission Policy CP-017, delegating authority to the Executive Director to make recommendations to the Board for Lease regarding the nomination of mineral leases with certain conditions.

II. Discussion: Section 34.051 of the Texas Natural Resources Code authorizes the Board for Lease to lease TPWD lands "for the purpose of prospecting or exploring for and mining, producing, storing, caring for, transporting, preserving, selling, and disposing of the oil, gas, or other minerals." The Board for Lease is administered through the General Land Office (GLO) and has traditionally honored TPWD's requests regarding the lease of TPWD minerals. TPWD often requests that mineral leases be sold with the condition that there be no surface occupancy of TPWD land.

The Board for Lease normally meets four times or less each year. As a result, it is often difficult to coordinate Commission action and Board for Lease action on nominated TPWD properties. Therefore, staff requests that the Commission adopt Commission Policy CP-017 which delegates to the TPWD Executive Director the authority to make recommendations for TPWD properties nominated for mineral lease upon the conditions that (1) there is no surface occupancy of TPWD land and, (2) payments to TPWD are consistent with or higher than market conditions in the area; and (3) the Executive Director reports to the Commission all recommendations made pursuant to this delegation of authority.

III. Recommendation: The staff recommends the following motion adopting Commission Policy CP-017, as set forth in the attached resolution:

"The Texas Parks and Wildlife Commission adopts by resolution (Exhibit A) Commission Policy CP-017 (Exhibit B)."

Attachments – 2

  1. Exhibit A – Resolution
  2. Exhibit B – Policy CP-017

Commission Agenda Item No. 18
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission
Adopting Commission Policy CP-017

Whereas,the Texas Parks and Wildlife Commission (the Commission) is authorized to adopt policies governing the activities of the Commission;

WHEREAS, staff has recommended that the Commission adopt Policy CP-017, delegating to the Executive Director the authority to make recommendations for Texas Parks and Wildlife Department (TPWD) properties nominated for mineral lease when the conditions of the lease are that (1) no surface occupancy of TPWD land is authorized, (2) payments to TPWD are consistent with or higher than market conditions in the area; and (3) the Executive Director reports to the Commission all recommendations made pursuant to this delegation of authority.

NOW, THEREFORE, BE IT RESOLVED that the Texas Parks and Wildlife Commission adopts new Commission Policy CP-017 as attached hereto.

In official recognition hereof, we hereby affix our signatures this 2nd day of November 2006.

  • Joseph B. C. Fitzsimons, Chairman
  • Donato D. Ramos, Vice-Chairman
  • Mark E. Bivins, Member
  • J. Robert Brown, Member
  • T. Dan Friedkin, Member
  • Ned S. Holmes, Member
  • Peter M. Holt, Member
  • Philip Montgomery III, Member
  • John D. Parker, Member
The State of Texas
County of Travis

I, the undersigned Executive Director of the Texas Parks and Wildlife Department, do hereby certify that the foregoing resolution is a true, full, and correct copy of a resolution adopted by the Texas Parks and Wildlife Commission of the State of Texas on the 2nd day of November 2006.

Executed under my hand and seal of said Commission on this the 2nd day of November 2006.

Robert L. Cook
Executive Director
Texas Parks and Wildlife Department


Commission Agenda Item No. 18
Exhibit B

Commission Policy CP017
Authority of the Executive Director Regarding Off-site Drilling for Department

In situations in which minerals are owned or held in trust by the department, the Commission hereby delegates to the Executive Director the authority to make recommendations for department property nominated for mineral lease when the following conditions are met:


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