Oklahoma Administrative Code

Notes Okla. Admin. Code § 385:15-1-8 Amended at 14 Ok Reg 3171, eff 7-25-97; Amended at 15 Ok Reg 1745, eff 5-12-98; Amended at 29 Ok Reg 1299, eff 6-25-12 Revoked by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

(a) Successful bidders awarded oil and gas leases by the Land Office shall pay a performance fee of $1.00 per net mineral acre leased. (b) Performance fees paid with the award or assignment of an oil and gas lease shall be deposited into the Land Office Performance Fee Escrow Acc…

The rules of this chapter have been adopted to establish the requirements and procedures whereby an interested party may acquire a hard rock mining or other mineral lease from the State of Oklahoma upon School Land. Said rules describe the progressive steps that are required from…

All prospecting permits shall become null and void upon issuance of a hard rock mining or other mineral lease, by the Commissioners of the Land Office, covering area in said permit. Notes Okla. Admin. Code § 385:20-1-10 Amended at 29 Ok Reg 1303, eff 6-25-12

Notes Okla. Admin. Code § 385:20-1-11 Amended at 15 Ok Reg 1752, eff 5-12-98; Amended at 29 Ok Reg 1303, eff 6-25-12 Revoked by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

Bond amounts required for prospecting or hard rock mining or other mineral leases will be established by the Secretary of the Commission and incorporated into the lease permit. Notes Okla. Admin. Code § 385:20-1-12 Amended at 29 Ok Reg 1303, eff 6-25-12

Any tract of State School land not under a hard rock mining or other mineral lease will be offered for lease at the earliest scheduled hard rock mining or other mineral lease sale, at the discretion of the Secretary. A firm requesting that a hard rock or other mineral lease be of…

The bid process for school land hard rock mining and other mineral lease sales shall be as follows: (1) Separate tracts. A separate bid showing the tract number and legal description must be filed on each tract. Each tract will be leased separately to the highest responsible bidd…

(a) Term of lease. The term of a hard rock mining or other mineral lease shall not exceed fifty-five (55) years. (b) Lease executions. All leases and bonds shall be prepared by the Commission and forwarded to the lessee for completion. The lessee shall have 30 days from date of a…

Notes Okla. Admin. Code § 385:20-1-16 Amended at 15 Ok Reg 1752, eff 5-12-98; Amended at 29 Ok Reg 1303, eff 6-25-12 Revoked by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

Upon payment of all liabilities then accrued and due the Commission the hard rock mining or other mineral lessee may, at any time surrender and terminate a Land Office lease by filing a formal relinquishment and release of said lease with the Secretary of the Commission, provided…

Notes Okla. Admin. Code § 385:20-1-18 Amended at 15 Ok Reg 1752, eff 5-12-98 Revoked by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

Notes Okla. Admin. Code § 385:20-1-19 Revoked at 29 Ok Reg 1303, eff 6-25-12

Notice of hard rock mining and other mineral lease sales will be posted on the Land Office's official website. Any person or entity who would like to receive Notices of Sale by electronic mail may do so by submitting a written request to the Land Office. Notes Okla. Admin. Code §…

Leases may be assigned at the sole discretion of the Secretary of the Commissioners of the Land Office. The Land Office reserves the right to refuse assignment of hard rock mining or other mineral leases for any reason it deems appropriate. The Land Office reserves the right to r…

On or before the last day of the month following the month of production, the hard rock mining or other mineral lessee must file a sworn monthly report of uranium, coal, copper or other minerals produced and sold from the leased premises. This report must be filed on Commissioner…

The Commission may require special reports pertaining to operation of a State hard rock mining or other mineral lease. Upon request, the lessee must promptly submit the required reports. Notes Okla. Admin. Code § 385:20-1-22 Amended at 29 Ok Reg 1303, eff 6-25-12

(a) Brine shall be considered a valuable property interest subject to leasing and to the application of administrative rules. (b) The Commissioners of the Land Office may offer leases to extract brine from school lands with a royalty rate and lease terms that the Commissioners de…

At the discretion of the Director of the Minerals Management Division, a geophysical/geochemical prospecting permit may be issued for the purpose of prospecting minerals without a lease. Cost and term of the permit are at the discretion of the Secretary of the Commissioners of th…

No minerals in commercial quantities shall be removed from the premises covered by a prospecting permit without a mining lease contract. Notes Okla. Admin. Code § 385:20-1-4

No prospecting permit may be assigned in whole or part without the written approval of the Commissioners of the Land Office. Notes Okla. Admin. Code § 385:20-1-5 Amended at 15 Ok Reg 1752, eff 5-12-98

Notes Okla. Admin. Code § 385:20-1-6 Revoked at 29 Ok Reg 1303, eff 6-25-12

All land owned by the Commissioners of the Land Office shall be subject at all times to any other lawful uses by the Commissioners of the Land Office, their lessees, permittees, licensees and assignees; provided, that such use shall not prevent, obstruct or unduly interfere with …

The holder of a prospecting permit shall be liable to the State and its lessees or assigns for any and all damages to or destruction of property. The holder of a prospecting permit shall fill all excavations, remove and cover all debris and restore the surface of the land, as nea…

The State reserves the right to inspect all lands covered by a prospecting permit at all times and the right to cancel any permit upon violation of any terms or conditions of such permit or the laws of the State of Oklahoma relating to or affecting school or public lands, after t…

This Chapter establishes procedures for acquiring a surface lease on School Land either for agricultural or commercial purposes as authorized by 64 O.S. §§ 1023 and 1056 et seq. or acquiring an easement across trust lands. Notes Okla. Admin. Code § 385:25-1-1 Amended at 16 Ok Reg…

When a lease is forfeited, canceled or judicially terminated for nonpayment of rent or violation of contract, the Commissioners may offer the lease to the highest bidder under sealed bid or at public auction. The Commissioners retain the right to collect remaining lease rental le…

Notes Okla. Admin. Code § 385:25-1-11 Revoked at 16 Ok Reg 1451, eff 5-27-99

The State shall reserve the right to sell or commercially develop all or any part of the premises leased, or any lesser estate, right, easement, commercial lease, or other interest at any time. If less than the entire tract is sold or leased, the annual rental may be reduced prop…

(a) Easements. The State shall reserve for itself, its lessees, permittees or grantees, and their assigns, easements for ingress and egress for any purpose of exploring for, drilling, producing, storing and marketing of oil, gas, coal, and any other minerals which may be produced…

(a) Consent. No improvements shall be placed upon School Land without written consent of the Commissioners. (b) Compliance with law. Any improvements placed on School Land not in compliance with Commission rules or Oklahoma Statutes shall be deemed to become the property of trust…

All surface lessees of school lands must agree to sign and execute any soil conservation plan or program promulgated or approved by the Secretary, and to comply with the terms of such plan or program and must specifically agree to maintain all terraces, ponds, dams, waterways, we…

The lessee of agricultural land shall comply with established farm programs to protect crop bases and allotments as set out in the invitation to bid and lease contract. Notes Okla. Admin. Code § 385:25-1-15 Amended at 16 Ok Reg 1451, eff 5-27-99; Amended at 29 Ok Reg 1306, eff 6-…

All agricultural leases shall specify the number of acres cultivated, acres non-cultivated, and acres nonusable. The acreage designations are provided in the invitation to bid and are incorporated by reference into the lease contract. No change in the use of any portion of the la…

No surface lease nor any lessee owned improvements may be assigned, transferred, conveyed or relinquished without prior written consent of the Commissioners. The State shall have a lien on all property of the lessee, whether improvements, crops or movable structures, to the exten…

Violation of any of the provisions of a surface lease or failure to pay rent on school land shall subject the lessee to legal or administrative action or both at the option of the Commissioners to collect rent or damages or both. Notes Okla. Admin. Code § 385:25-1-18 Amended at 1…

No agricultural lease shall be executed in favor of any corporation or its agent, or a third party for the use and benefit of a corporation, except as provided in 18 Okl. St. Ann., 1981 §951, et seq. (Farming & Ranching Act). Notes Okla. Admin. Code § 385:25-1-19 Amended at 16 Ok…

In addition to terms defined in 64 O.S. §§ 1023 and 1056 et seq. the following words or terms when used in this Chapter shall have the following meaning unless the context indicates otherwise: "Commercial lands" means those trust lands which may have a greater value or use which …

(a) Holdover tenants bound by an agricultural lease shall be billed at a rate and terms of the expired lease contract. Legal proceedings will be brought to remove the holdover tenant from the premises and for payment of accrued rental, interest and costs for the holdover period. …

(a) Form and method. Prior to any property being offered for surface lease, an appraisal for rental purposes on form provided by Commissioners of the Land Office shall be made by appraisers of the Land Office. Appraisals will be made in accordance with Uniform Standard of Profess…

The awarding of all surface leases will be in compliance with 64 O.S. §§ 1023 and 1056 et seq; and the mandates ofO.E.A. v. Nigh, 642 P.2d 230 (1982), and where applicable, at the sole discretion of the Commissioners. The Notice of Invitation to Bid shall be incorporated by refer…

The public bid process for school land surface leases shall be as follows: (1) Notice. The method for advertising the leases for public bid shall be at the sole discretion of the Commissioners, or their designee, and to provide the best method to provide the information to prospe…

Upon approval and acceptance by the Secretary to the Commissioners and receipt of the balance of the first year's rent, the lessee(s)' copy of the lease contract will be mailed to the successful bidder and Lessor's copy retained by the Land Office. Failure to execute and return c…

At the termination of a lease, the lessee may remove any or all improvements made by the lessee and shall have the right to harvest or remove any growing crop on the land. If the lessee is in default of any terms of the lease, the lessee shall not be allowed to remove the improve…

Notes Okla. Admin. Code § 385:25-1-26 Revoked at 16 Ok Reg 1451, eff 5-27-99

Notes Okla. Admin. Code § 385:25-1-27 Revoked at 16 Ok Reg 1451, eff 5-27-99

Notes Okla. Admin. Code § 385:25-1-28 Revoked at 16 Ok Reg 1451, eff 5-27-99