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Code of Federal Regulations Title 40. Protection of Environment § 40.221.1 Applications for permits

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The Director is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for the removal or mining of gas, oil or any valuable minerals that may be found in any real estate, title of which is vested in the Department, whenever it appears to the Department that it will be in the best interest of the Commonwealth to make such disposition of such gas, oil or minerals.  Before a contract, easement or lease is made, the same shall be approved by the Governor, and any contract, easement or lease shall be approved as to form by the Attorney General.

Bids therefor shall be received after notice by publication once a week for four successive weeks in at least two newspapers of general circulation.  The Director shall have the right to reject any or all bids and to readvertise for bids.  The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director and in such amount as he may fix for the faithful performance of all the conditions and covenants of such contract, easement or lease.

Each such contract, easement or lease may be for a period not exceeding five years, may include the right to renew the same for an additional period not exceeding five years each and shall specify the rent royalties and other terms deemed expedient and proper.  Such contracts, easements and leases may, in addition to any other rights, authorize the grantees and lessees to prospect for and take from the real estate oil, gas and such other minerals as are therein specified.  No such contract, easement or lease shall in any way affect or interfere with the orderly operation of any state correctional facility.  All rents or royalties collected from such contracts, easements or leases shall be paid into the state treasury to the credit of the general fund.

Cite this article: - Code of Federal Regulations Title 40. Protection of Environment § 40.221.1 Applications for permits - last updated October 02, 2022 |

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