TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 1. GENERAL LAND OFFICE

Chapter 13. LAND RESOURCES

Subchapter B. RIGHTS-OF-WAY OVER PUBLIC LANDS

31 TAC §13.17

The General Land Office proposes an amendment to §13.17(c) relating to the payment of fees for renewals of right-of-way easements for pipelines. The amendment would require that the fee to be paid for renewals of right-of-way easements for pipelines be the full rate presented in §13.17(a).

Cheryl MacBride, Deputy Commissioner for Administration, has determined that for the first five-year period the amendment is in effect there are no fiscal implications for state or local government as a result of enforcing the proposal.

Cheryl MacBride, Deputy Commissioner for Administration, has also determined that for each of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the proposal will be an increase in deposits to the permanent school fund and to the special fund for removal of unauthorized structures on permanent school fund land as a result of payment of the fees for renewals of right-of -way easements by the users of the pipelines. There is no anticipated economic cost to small businesses. There is an anticipated economic cost to an individual or entity seeking to renew a right-of-way easement for a pipeline, since renewals at 50% of the full rate presented in § 13.17(a) would no longer be available.

Comments may be submitted in writing to Ms. Melinda Tracy, Legal Services Division, General Land Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78701-1495; facsimile number (512) 463-6311.

This action is proposed under the Natural Resources Code, Chapter 51, §§51-295 and 51-296, relating to Easements. This action is also proposed under the Natural Resources Code, §31.051, which provides the Land Commissioner with the authority to make and enforce suitable rules consistent with the law.

The amendment affects Natural Resources Code, §§51.295 and 51.296.

§13.17.Fees for Right-of-Way Easements.

(a)-(b)

(No change)

(c)

Right-of-way easements issued for new pipelines after December 31, 1983, may be renewed [ automatically ] for an additional 10-year term [ upon payment of an amount equal to 50% of the rate at which the easement was granted or renewed, ] at the full rate applicable to pipelines at the time of renewal, provided grantee has complied with all the terms and conditions of the previous easement.

(d)-(f)

(No change)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on March 16, 2000.

TRD-2000001992

Larry Soward

Chief Clerk

General Land Office

Earliest possible date of adoption: April 30, 2000

For further information, please call: (512) 305-9129