[Title 43 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1997 Edition]
[From the U.S. Government Publishing Office]


[[Page 1]]

          43



          Public Lands: Interior



          PART 1000 TO END

                         Revised as of October 1, 1997

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT
          AS OF OCTOBER 1, 1997

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration
          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 43:
      Subtitle B--Regulations Relating to Public Lands 
                                                                                (Continued):

        Chapter II--Bureau of Land Management, Department of 
        the Interior (Continued)..............................       5
        Chapter III--Utah Reclamation Mitigation and 
        Conservation Commission...............................     981
  Finding Aids:
    Index.....................................................    1023
    Table of CFR Titles and Chapters..........................    1039
    Alphabetical List of Agencies Appearing in the CFR........    1055
    List of CFR Sections Affected.............................    1065



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--------------------------------------------------------------

   Cite this Code:  CFR

   To cite the regulations in this volume use title, part and
   section number. Thus,  43 CFR 1601.0-1 refers to title 43,
   part 1600, section 0-1.

--------------------------------------------------------------


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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

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Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
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a day. For payment by check, write to the Superintendent of Documents, 
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Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1997.



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                               THIS TITLE

    Title 43--Public Lands: Interior is composed of two volumes. Volume 
one (parts 1-999) contains all current regulations issued under subtitle 
A--Office of the Secretary of the Interior and chapter I--Bureau of 
Reclamation, Department of the Interior. Volume two (part 1000 to End) 
includes all regulations issued under chapter II--Bureau of Land 
Management, Department of the Interior, and Chapter III--Utah 
Reclamation Mitigation and Conservation Commission. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1997.

    The first volume contains a redesignation table. In the second 
volume, conatining chapter II--Bureau of Land Management, Department of 
the Interior, the OMB control numbers appear in a ``Note'' immediately 
below the ``Group'' headings throughout the chapter, if applicable.

    For this volume, Gregory R. Walton was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

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                    TITLE 43--PUBLIC LANDS: INTERIOR




                 (This book contains parts 1000 to end)

  --------------------------------------------------------------------
                                                                    Part

      SUBTITLE B--Regulations Relating to Public Lands (Continued):

Chapter ii--Bureau of Land Management, Department of the 
  Interior..................................................        1600

Chapter iii--Utah Reclamation Mitigation and Conservation 
  Commission................................................       10000

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      Subtitle B--Regulations Relating to Public Lands (Continued)

[[Page 5]]



  CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR




  --------------------------------------------------------------------

                 SUBCHAPTER A--GENERAL MANAGEMENT (1000)
Part                                                                Page
1000-1599        [Reserved].................................            
1600            Planning, programming, budgeting............          11
                     GROUP 1700--PROGRAM MANAGEMENT
1780            Cooperative relations.......................          23
              GROUP 1800--PUBLIC ADMINISTRATIVE PROCEDURES
1810            Introduction and general guidance...........          31
1820            Application procedures......................          35
1840            Appeals procedures..........................          46
1850            Hearings procedures.........................          46
1860            Conveyances, disclaimers and correction 
                    documents...............................          46
1870            Adjudication principles and procedures......          53
1880            Financial assistance, local governments.....          54
              SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
              GROUP 2000--LAND RESOURCE MANAGEMENT; GENERAL
2090            Special laws and rules......................          62
                        GROUP 2100--ACQUISITIONS
2110            Gifts.......................................          78
2130            Acquisition of lands or interests in lands 
                    by purchase or condemnation: General....          80
                          GROUP 2200--EXCHANGES
2200            Exchanges: General procedures...............          81
2210            State exchanges.............................          96
2240            National Park System exchanges..............          96
2250            Wildlife Refuge exchanges...................          98

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2270            Miscellaneous exchanges.....................          99
                         GROUP 2300--WITHDRAWALS
2300            Land withdrawals............................         101
2360            National Petroleum Reserve in Alaska........         117
2370            Restorations and revocations................         120
                     GROUP 2400--LAND CLASSIFICATION
2400            Land classification.........................         122
2410            Criteria for all land classifications.......         125
2420            Multiple-use management classifications.....         126
2430            Disposal classifications....................         127
2440            Segregation by classification...............         129
2450            Petition-application classification system..         130
2460            Bureau initiated classification system......         132
2470            Postclassification actions..................         134
               GROUP 2500--DISPOSITION; OCCUPANCY AND USE
2520            Desert-land entries.........................         135
2530            Indian allotments...........................         151
2540            Color-of-title and omitted lands............         155
2560            Alaska occupancy and use....................         166
                     GROUP 2600--DISPOSITION; GRANTS
2610            Carey Act grants............................         185
2620            State grants................................         191
2630            Railroad grants.............................         202
2640            FAA airport grants..........................         203
2650            Alaska native selections....................         205
                     GROUP 2700--DISPOSITION; SALES
2710            Sales: Federal Land Policy and Management 
                    Act.....................................         234
2720            Conveyance of Federally-owned mineral 
                    interests...............................         241
2740            Recreation and Public Purposes Act..........         246
2760            Townsites...................................         255
2780            Special areas...............................         256
                     GROUP 2800--USE; RIGHTS-OF-WAY
2800            Rights-of-way, principles and procedures....         263
2810            Tramroads and logging roads.................         289
2880            Rights-of-way under the Mineral Leasing Act.         304
                   GROUP 2900--USE; LEASES AND PERMITS
2910            Leases......................................         320

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2920            Leases, permits and easements...............         327
                SUBCHAPTER C--MINERALS MANAGEMENT (3000)
                     GROUP 3000--MINERALS MANAGEMENT
3000            Minerals management: General................         338
                     GROUP 3100--OIL AND GAS LEASING
3100            Oil and gas leasing.........................         340
3110            Noncompetitive leases.......................         383
3120            Competitive leases..........................         389
3130            Oil and gas leasing: National Petroleum 
                    Reserve, Alaska.........................         393
3140            Combined hydrocarbon leasing................         401
3150            Onshore oil and gas geophysical exploration.         413
3160            Onshore oil and gas operations..............         417
3180            Onshore oil and gas unit agreements: 
                    Unproven areas..........................         442
3190            Delegation of authority, cooperative 
                    agreements and contracts for oil and gas 
                    inspection..............................         462
                GROUP 3200--GEOTHERMAL RESOURCES LEASING
3200            Geothermal resources leasing: General.......         470
3210            Noncompetitive leases.......................         494
3220            Competitive leases..........................         496
3240            Rules governing leases......................         497
3250            Utilization of geothermal resources.........         505
3260            Geothermal resources operations.............         510
3280            Geothermal resources unit agreements: 
                    Unproven areas..........................         527
                       GROUP 3400--COAL MANAGEMENT
3400            Coal management: General....................         546
3410            Exploration licenses........................         551
3420            Competitive leasing.........................         555
3430            Noncompetitive leases.......................         576
3440            Licenses to mine............................         588
3450            Management of existing leases...............         590
3460            Environment.................................         594
3470            Coal management provisions and limitations..         603
3480            Coal exploration and mining operations rules         615
        GROUP 3500--MANAGEMENT OF SOLID MINERALS OTHER THAN COAL
3500            Leasing of solid minerals other than coal 
                    and oil shale...........................         643
3510            Phosphate...................................         660
3520            Sodium......................................         670

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3530            Potassium...................................         680
3540            Sulphur.....................................         690
3550            ``Gilsonite'' (including all vein-type solid 
                    hydrocarbons)...........................         698
3560            Hardrock minerals...........................         708
3570            Asphalt in Oklahoma: General................         718
3580            Special leasing areas.......................         722
3590            Solid minerals (other than coal) exploration 
                    and mining operations...................         731
                 GROUP 3600--MINERAL MATERIALS DISPOSAL
3600            Mineral materials disposal: General.........         741
3610            Sales.......................................         745
3620            Free use....................................         749
                    GROUP 3700--MULTIPLE USE; MINING
3710            Public Law 167; Act of July 23, 1955........         751
3720

[Reserved]

3730            Public Law 359; mining in powersite 
                    withdrawals: General....................         767
3740            Public Law 585; multiple mineral development         771
         GROUP 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
3800            Mining claims under the general mining laws.         779
3810            Lands and minerals subject to location......         803
3820            Areas subject to special mining laws........         810
3830            Location of mining claims...................         815
3840            Nature and classes of mining claims.........         832
3850            Assessment work.............................         837
3860            Mineral patent applications.................         841

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3870            Adverse claims, protests and conflicts......         852
                  SUBCHAPTER D--RANGE MANAGEMENT (4000)
                   GROUP 4100--GRAZING ADMINISTRATION

4100            Grazing administration--exclusive of Alaska.         857
          GROUP 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
4200            Grazing administration; Alaska; livestock...         885
          GROUP 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER
4300            Grazing administration; Alaska; reindeer....         891
                           GROUP 4600--LEASES
4600            Leases of grazing land--Pierce Act..........         895
        GROUP 4700--WILD FREE-ROAMING HORSE AND BURRO MANAGEMENT
4700            Protection, management, and control of wild 
                    free-roaming horses and burros..........         897
                 SUBCHAPTER E--FOREST MANAGEMENT (5000)
                  GROUP 5000--FOREST MANAGEMENT GENERAL

5000            Administration of forest management 
                    decisions...............................         907
5040            Sustained yield unit and cooperative 
                    agreements..............................         907
                  GROUP 5400--SALES OF FOREST PRODUCTS

5400            Sales of forest products: General...........         911
5410            Annual timber sale plan.....................         915
5420            Preparation for sale: General...............         915
5430            Advertisement...............................         916
5440            Conduct of sales............................         917
5450            Award of contract...........................         919
5460            Sales administration........................         922
5470            Contract modification--extension--assignment         925
                      GROUP 5500--NONSALE DISPOSALS

5500            Nonsale disposals; general..................         927

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5510            Free use of timber..........................         928
                     SUBCHAPTER F (6000) [RESERVED]
                     SUBCHAPTER G (7000) [RESERVED]
                    SUBCHAPTER H--RECREATION PROGRAMS
           GROUP 8100--CULTURAL RESOURCE MANAGEMENT [RESERVED]
             GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT
8200            Procedures..................................         936
8340            Off-road vehicles...........................         938
8350            Management areas............................         942
8360            Visitor services............................         943
8370            Use authorizations..........................         948
                    GROUP 8500--WILDERNESS MANAGEMENT
8560            Wilderness areas............................         952
      GROUP 8600--ENVIRONMENTAL EDUCATION AND PROTECTION [RESERVED]
                 SUBCHAPTER I--TECHNICAL SERVICES (9000)
                         GROUP 9100--ENGINEERING
9180            Cadastral survey............................         959
                         GROUP 9200--PROTECTION
9210            Fire management.............................         964
9230            Trespass....................................         966
9260            Law enforcement--criminal...................         971

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                 SUBCHAPTER A--GENERAL MANAGEMENT (1000)





PARTS 1000-1599  [RESERVED]






PART 1600--PLANNING, PROGRAMMING, BUDGETING--Table of Contents




                         Subpart 1601--Planning

Sec.
1601.0-1  Purpose.
1601.0-2  Objective.
1601.0-3  Authority.
1601.0-4  Responsibilities.
1601.0-5  Definitions.
1601.0-6  Environmental impact statement policy.
1601.0-7  Scope.
1601.0-8  Principles.

               Subpart 1610--Resource Management Planning

1610.1  Resource management planning guidance.
1610.2  Public participation.
1610.3  Coordination with other Federal agencies, State and local 
          governments, and Indian tribes.
1610.3-1  Coordination of planning efforts.
1610.3-2  Consistency requirements.
1610.4  Resource management planning process.
1610.4-1  Identification of issues.
1610.4-2  Development of planning criteria.
1610.4-3  Inventory data and information collection.
1610.4-4  Analysis of the management situation.
1610.4-5  Formulation of alternatives.
1610.4-6  Estimation of effects of alternatives.
1610.4-7  Selection of preferred alternative.
1610.4-8  Selection of resource management plan.
1610.4-9  Monitoring and evaluation.
1610.5  Resource management plan approval, use and modification.
1610.5-1  Resource management plan approval and administrative review.
1610.5-2  Protest procedures.
1610.5-3  Conformity and implementation.
1610.5-4  Maintenance.
1610.5-5  Amendment.
1610.5-6  Revision.
1610.5-7  Situations where action can be taken based on another agency's 
          plan, or a land use analysis.
1610.6  Management decision review by Congress.
1610.7  Designation of areas.
1610.7-1  Designation of areas unsuitable for surface mining.
1610.7-2  Designation of areas of critical environmental concern.
1610.8  Transition period.

    Authority:  43 U.S.C. 1711-1712.

    Source:  48 FR 20368, May 5, 1983, unless otherwise noted.



                         Subpart 1601--Planning



Sec. 1601.0-1  Purpose.

    The purpose of this subpart is to establish in regulations a process 
for the development, approval, maintenance, amendment and revision of 
resource management plans, and the use of existing plans for public 
lands administered by the Bureau of Land Management.



Sec. 1601.0-2  Objective.

    The objective of resource management planning by the Bureau of Land 
Management is to maximize resource values for the public through a 
rational, consistently applied set of regulations and procedures which 
promote the concept of multiple use management and ensure participation 
by the public, state and local governments, Indian tribes and 
appropriate Federal agencies. Resource management plans are designed to 
guide and control future management actions and the development of 
subsequent, more detailed and limited scope plans for resources and 
uses.



Sec. 1601.0-3  Authority.

    These regulations are issued under the authority of sections 201 and 
202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1711-1712); the Public Rangelands Improvement Act of 1978 (43 U.S.C. 
1901); section 3 of the Federal Coal Leasing Amendments Act of 1976 (30 
U.S.C. 201(a)); sections 522, 601, and 714 of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).



Sec. 1601.0-4  Responsibilities.

    (a) National level policy and procedure guidance for planning shall 
be

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provided by the Secretary and the Director.
    (b) State Directors shall provide quality control and supervisory 
review, including plan approval, for plans and related environmental 
impact statements and shall provide additional guidance, as necessary, 
for use by District and Area managers. State Directors shall file draft 
and final environmental impact statements associated with resource 
management plans and amendments.
    (c) Resource management plans, amendments, revisions and related 
environmental impact statements shall be prepared by District or Area 
Managers, and approved by State Directors. In general, Area Managers 
will be responsible for directly supervising the preparation of the 
plan, and the District Manager for providing general direction and 
guidance to the planning effort.



Sec. 1601.0-5  Definitions.

    As used in this part, the term:
    (a) Areas of Critical Environmental Concern or ACEC means areas 
within the public lands where special management attention is required 
(when such areas are developed or used or where no development is 
required) to protect and prevent irreparable damage to important 
historic, cultural, or scenic values, fish and wildlife resources, or 
other natural systems or processes, or to protect life and safety from 
natural hazards. The identification of a potential ACEC shall not, of 
itself, change or prevent change of the management or use of public 
lands.
    (b) Conformity or conformance means that a resource management 
action shall be specifically provided for in the plan, or if not 
specifically mentioned, shall be clearly consistent with the terms, 
conditions, and decisions of the approved plan or plan amendment.
    (c) Consistent means that the Bureau of Land Management plans will 
adhere to the terms, conditions, and decisions of officially approved 
and adopted resource related plans, or in their absence, with policies 
and programs, subject to the qualifications in Sec. 1615.2 of this 
title.
    (d) Guidance means any type of written communication or instruction 
that transmits objectives, goals, constraints, or any other direction 
that helps the District and Area Managers and staff know how to prepare 
a specific resource management plan.
    (e) Local government means any political subdivision of the State 
and any general purpose unit of local government with resource planning, 
resource management, zoning, or land use regulation authority.
    (f) Multiple use means the management of the public lands and their 
various resource values so that they are utilized in the combination 
that will best meet the present and future needs of the American people; 
making the most judicious use of the lands for some or all of these 
resources or related services over areas large enough to provide 
sufficient latitude for periodic adjustments in use to conform to 
changing needs and conditions; the use of some lands for less than all 
of the resources; a combination of balanced and diverse resource uses 
that takes into account the long term needs of future generations for 
renewable and non-renewable resources, including, but not limited to, 
recreation, range, timber, minerals, watershed, wildlife and fish, and 
natural scenic, scientific and historical values; and harmonious and 
coordinated management of the various resources without permanent 
impairment of the productivity of the lands and the quality of the 
environment with consideration being given to the relative values of the 
resources and not necessarily to the combination of uses that will give 
the greatest economic return or the greatest unit output.
    (g) Officially approved and adopted resource related plans means 
plans, policies, programs and processes prepared and approved pursuant 
to and in accordance with authorization provided by Federal, State or 
local constitutions, legislation, or charters which have the force and 
effect of State law.
    (h) Public means affected or interested individuals, including 
consumer organizations, public land resource users, corporations and 
other business entities, environmental organizations and other special 
interest groups and officials of State, local, and Indian tribal 
governments.

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    (i) Public lands means any lands or interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (j) Resource area means a geographic portion of a Bureau of Land 
Management district. It is the administrative subdivision whose manager 
has primary responsibility for day-to-day resource management activities 
and resource use allocations and is, in most instances, the area for 
which resource management plans are prepared and maintained.
    (k) Resource management plan means a land use plan as described by 
the Federal Land Policy and Management Act. The resource management plan 
generally establishes in a written document:
    (1) Land areas for limited, restricted or exclusive use; 
designation, including ACEC designation; and transfer from Bureau of 
Land Management Administration;
    (2) Allowable resource uses (either singly or in combination) and 
related levels of production or use to be maintained;
    (3) Resource condition goals and objectives to be attained;
    (4) Program constraints and general management practices needed to 
achieve the above items;
    (5) Need for an area to be covered by more detailed and specific 
plans;
    (6) Support action, including such measures as resource protection, 
access development, realty action, cadastral survey, etc., as necessary 
to achieve the above;
    (7) General implementation sequences, where carrying out a planned 
action is dependent upon prior accomplishment of another planned action; 
and
    (8) Intervals and standards for monitoring and evaluating the plan 
to determine the effectiveness of the plan and the need for amendment or 
revision.

It is not a final implementation decision on actions which require 
further specific plans, process steps, or decisions under specific 
provisions of law and regulations.



Sec. 1601.0-6  Environmental impact statement policy.

    Approval of a resource management plan is considered a major Federal 
action significantly affecting the quality of the human environment. The 
environmental analysis of alternatives and the proposed plan shall be 
accomplished as part of the resource management planning process and, 
wherever possible, the proposed plan and related environmental impact 
statement shall be published in a single document.



Sec. 1601.0-7  Scope.

    (a) These regulations apply to all public lands.
    (b) These regulations also govern the preparation of resource 
management plans when the only public land interest is the mineral 
estate.



Sec. 1601.0-8  Principles.

    The development, approval, maintenance, amendment and revision of 
resource management plans will provide for public involvement and shall 
be consistent with the principles described in section 202 of the 
Federal Land Policy and Management Act of 1976. Additionally, the impact 
on local economies and uses of adjacent or nearby non-Federal lands and 
on non-public land surface over federally-owned mineral interests shall 
be considered.



               Subpart 1610--Resource Management Planning



Sec. 1610.1  Resource management planning guidance.

    (a) Guidance for preparation and amendment of resource management 
plans may be provided by the Director and State Director, as needed, to 
help the District and Area Manager and staff prepare a specific plan. 
Such guidance may include the following:
    (1) National level policy which has been established through 
legislation, regulations, executive orders or other Presidential, 
Secretarial or Director approved documents. This policy may include 
appropriately developed resource management commitments, suct as a 
right-of-way corridor crossing

[[Page 14]]

several resource areas, which are not required to be reexamined as part 
of the planning process.
    (2) Analysis requirements, planning procedures and other written 
information and instructions required to be considered in the planning 
process.
    (3) Guidance developed at the State Director level, with necessary 
and appropriate governmental coordination as prescribed by Sec. 1610.3 
of this title. Such guidance shall be reconsidered by the State Director 
at any time during the planning process that the State Director level 
guidance is found, through public involvement or other means, to be 
inappropriate when applied to a specific area being planned.
    (b) A resource management plan shall be prepared and maintained on a 
resource area basis, unless the State Director authorizes a more 
appropriate area.
    (c) An interdisciplinary approach shall be used in the preparation, 
amendment and revision of resource management plans as provided in 40 
CFR 1502.6. The disciplines of the preparers shall be appropriate to the 
values involved and the issues identified during the issue 
identification and environmental impact statement scoping stage of the 
planning process. The District or Area Manager may use any necessary 
combination of Bureau of Land Management staff, consultants, 
contractors, other governmental personnel, and advisors to achieve an 
interdisciplinary approach.



Sec. 1610.2  Public participation.

    (a) The public shall be provided opportunities to meaningfully 
participate in and comment on the preparation of plans, amendments and 
related guidance and be given early notice of planning activities. 
Public involvement in the resource management planning process shall 
conform to the requirements of the National Environmental Policy Act and 
associated implementing regulations.
    (b) The Director shall, early in each fiscal year, publish a 
planning schedule advising the public of the status of each plan in 
process of preparation or to be started during that fiscal year, the 
major action on each plan during that fiscal year and projected new 
planning starts for the 3 succeeding fiscal years. The notice shall call 
for public comments on projected new planning starts so that such 
comments can be considered in refining priorities for those years.
    (c) Upon starting the preparation, amendment or revision of resource 
management plans, public participation shall be initiated by a notice 
published in the Federal Register and appropriate media, including 
newspapers of general circulation in the State, adjoining States where 
the District Manager deems it appropriate, and the District. This notice 
may also constitute the scoping notice required by regulation for the 
National Environmental Policy Act (40 CFR 1501.7). This notice shall 
include the following:
    (1) Description of the proposed planning action;
    (2) Identification of the geographic area for which the plan is to 
be prepared;
    (3) The general types of issues anticipated;
    (4) The disciplines to be represented and used to prepare the plan;
    (5) The kind and extent of public participation opportunities to be 
provided;
    (6) The times, dates and locations scheduled or anticipated for any 
public meetings, hearings, conferences or other gatherings, as known at 
the time;
    (7) The name, title, address and telephone number of the Bureau of 
Land Management official who may be contacted for further information; 
and
    (8) The location and availability of documents relevant to the 
planning process.
    (d) A list of individuals and groups known to be interested in or 
affected by a resource management plan shall be maintained by the 
District Manager and those on the list shall be notified of public 
participation activities. Individuals or groups may ask to be placed on 
this list. Public participation activities conducted by the Bureau of 
Land Management shall be documented by a record or summary of the 
principal issues discussed and comments made.

The documentation together with a list of attendees shall be available 
to the

[[Page 15]]

public and open for 30 days to any participant who wishes to clarify the 
views he/she expressed.
    (e) At least 15 days' public notice shall be given for public 
participation activities where the public is invited to attend. Any 
notice requesting written comments shall provide for at least 30 
calendar days for response. Ninety days shall be provided for review of 
the draft plan and draft environmental impact statement. The 90-day 
period shall begin when the Environmental Protection Agency publishes a 
notice of the filing of the draft environmental impact statement in the 
Federal Register.
    (f) Public notice and opportunity for participation in resource 
mangement plan preparation shall be appropriate to the areas and people 
involved and shall be provided at the following specific points in the 
planning process:
    (1) General notice at the outset of the process inviting 
participation in the identification of issues (See Secs. 1610.2(c) and 
1610.4-1);
    (2) Review of the proposed planning criteria (See Sec. 1610.4-2);
    (3) Publication of the draft resource management plan and draft 
environmental impact statement (See Sec. 1610.4-7);
    (4) Publication of the proposed resource management plan and final 
environmental impact statement which triggers the opportunity for 
protest (See Secs. 1610.4-8 and 1610.5-1(b)); and
    (5) Public notice and comment on any significant change made to the 
plan as a result of action on a protest (See Sec. 1610.5-1(b)).
    (g) Copies of an approved resource management plan and amendments 
shall be reasonably available for public review. This includes copies at 
the State Office for the District, the District Manager's Office, the 
Area Office for lands directly involved and additional locations 
determined by the District Manager. Plans, amendments and revisions 
shall be published and single copies shall be available to the public 
upon request during the public participation process. After approval, a 
fee may be charged for additional copies at a rate established by the 
Director.
    (h) Supporting documents to a resource management plan shall be 
available for public review at the office where the plan was prepared.
    (i) Fees for reproducing requested documents beyond those used as 
part of the public participation activities and other than single copies 
of the printed plan amendment or revision may be charged according to 
the Department of the Interior schedule for Freedom of Information Act 
requests in 43 CFR part 2.
    (j) When resource management plans involve areas of potential mining 
for coal by means other than underground mining, and the surface is 
privately owned, the Bureau of Land Management shall consult with all 
surface owners who meet the criteria in Sec. 3400.0-5 of this title. 
Contact shall be made in accordance with subpart 3427 of this title and 
shall provide time to fully consider surface owner views. This contact 
may be made by mail or in person by the District or Area Manager or his/
her appropriate representative. A period of at least 30 days from the 
time of contact shall be provided for surface owners to convey their 
preference to the Area or District Manager.
    (k) If the plan involves potential for coal leasing, a public 
hearing shall be provided prior to the approval of the plan, if 
requested by any person having an interest which is, or may be, 
adversely affected by implementation of such plan. The hearing shall be 
conducted as prescribed in Sec. 3420.1-5 of this title and may be 
combined with a regularly scheduled public meeting. The authorized 
officer conducting the hearing shall:
    (1) Publish a notice of the hearing in a newspaper of general 
circulation in the affected geographical area at least once a week for 2 
consecutive weeks;
    (2) Provide an opportunity for testimony by anyone who so desires; 
and
    (3) Prepare a record of the proceedings of the hearing.



Sec. 1610.3  Coordination with other Federal agencies, State and local governments, and Indian tribes.



Sec. 1610.3-1  Coordination of planning efforts.

    (a) In addition to the public involvement prescribed by Sec. 1610.2 
of this title

[[Page 16]]

the following coordination is to be accomplished with other Federal 
agencies, State and local governments, and Indian tribes. The objectives 
of the coordination are for the State Directors and District and Area 
Managers to keep apprised of non-Bureau of Land Management plans; assure 
that consideration is given to those plans that are germane in the 
development of resource management plans for public lands; assist in 
resolving, to the extent practicable, inconsistencies between Federal 
and non-Federal government plans; and provide for meaningful public 
involvement of other Federal agencies, State and local government 
officials, both elected and appointed, and Indian tribes in the 
development of resource management plans, including early pubic notice 
of proposed decisions which may have a significant impact on non-Federal 
lands.
    (b) State Directors and District and Area Managers shall provide 
other Federal agencies, State and local governments, and Indian tribes 
opportunity for review, advice, and suggestion on issues and topics 
which may affect or influence other agency or other government programs. 
To facilitate coordination with State governments, State Directors 
should seek the policy advice of the Governor(s) on the timing, scope 
and coordination of plan components; definition of planning areas; 
scheduling of public involvement activities; and the multiple use 
opportunities and constraints on public lands. State Directors may seek 
written agreements with Governors or their designated representatives on 
processes and procedural topics such as exchanging information, 
providing advice and participation, and timeframes for receiving State 
government participation and review in a timely fashion. If an agreement 
is not reached, the State Director shall provide opportunity for 
Governor and State agency review, advice and suggestions on issues and 
topics that the State Director has reason to believe could affect or 
influence State government programs.
    (c) In developing guidance to District Managers, in compliance with 
section 1611 of this title, the State Director shall:
    (1) Ensure that it is as consistent as possible with existing 
officially adopted and approved resource related plans, policies or 
programs of other Federal agencies, State agencies, Indian tribes and 
local governments that may be affected, as prescribed by Sec. 1610.3-2 
of this title;
    (2) Identify areas where the proposed guidance is inconsistent with 
such policies, plans or programs and provide reasons why the 
inconsistencies exist and cannot be remedied; and
    (3) Notify the other Federal agencies, State agencies, Indian tribes 
or local governments with whom consistency is not achieved and indicate 
any appropriate methods, procedures, actions and/or programs which the 
State Director believes may lead to resolution of such inconsistencies.
    (d) A notice of intent to prepare, amend, or revise a resource 
management plan shall be submitted, consistent with State procedures for 
coordination of Federal activities, for circulation among State 
agencies. This notice shall also be submitted to Federal agencies, the 
heads of county boards, other local government units and Tribal Chairmen 
or Alaska Native Leaders that have requested such notices or that the 
responsible line manager has reason to believe would be concerned with 
the plan or amendment. These notices shall be issued simultaneously with 
the public notices required under Sec. 1610.2(b) of this title.
    (e) Federal agencies, State and local governments and Indian tribes 
shall have the time period prescribed under Sec. 1610.2 of this title 
for review and comment on resource management plan proposals. Should 
they notify the District or Area Manager, in writing, of what they 
believe to be specific inconsistencies between the Bureau of Land 
Management resource management plan and their officially approved and 
adopted resources related plans, the resource management plan 
documentation shall show how those inconsistencies were addressed and, 
if possible, resolved.
    (f) When an Advisory Council has been formed under section 309 of 
the Federal Land Policy and Management Act for the district in which the 
resource area is located, that council

[[Page 17]]

shall be informed and their views sought and considered throughout the 
resource management planning process.



Sec. 1610.3-2  Consistency requirements.

    (a) Guidance and resource management plans and amendments to 
management framework plans shall be consistent with officially approved 
or adopted resource related plans, and the policies and programs 
contained therein, of other Federal agencies, State and local 
governments and Indian tribes, so long as the guidance and resource 
management plans are also consistent with the purposes, policies and 
programs of Federal laws and regulations applicable to public lands, 
including Federal and State pollution control laws as implemented by 
applicable Federal and State air, water, noise, and other pollution 
standards or implementation plans.
    (b) In the absence of officially approved or adopted resource-
related plans of other Federal agencies, State and local governments and 
Indian tribes, guidance and resource management plans shall, to the 
maximum extent practical, be consistent with officially approved and 
adopted resource related policies and programs of other Federal 
agencies, State and local governments and Indian tribes. Such 
consistency will be accomplished so long as the guidance and resource 
management plans are consistent with the policies, programs and 
provisions of Federal laws and regulations applicable to public lands, 
including, but not limited to, Federal and State pollution control laws 
as implemented by applicable Federal and State air, water, noise and 
other pollution standards or implementation plans.
    (c) State Directors and District and Area Managers shall, to the 
extent practicable, keep apprised of State and local governmental and 
Indian tribal policies, plans, and programs, but they shall not be 
accountable for ensuring consistency if they have not been notified, in 
writing, by State and local governments or Indian tribes of an apparent 
inconsistency.
    (d) Where State and local government policies, plans, and programs 
differ, those of the higher authority will normally be followed.
    (e) Prior to the approval of a proposed resource management plan, or 
amendment to a management framework plan or resource management plan, 
the State Director shall submit to the Governor of the State(s) 
involved, the proposed plan or amendment and shall identify any known 
inconsistencies with State or local plans, policies or programs. The 
Governor(s) shall have 60 days in which to identify inconsistencies and 
provide recommendations in writing to the State Director. If the 
Governor(s) does not respond within the 60-day period, the plan or 
amendment shall be presumed to be consistent. If the written 
recommendation(s) of the Governor(s) recommend changes in the proposed 
plan or amendment which were not raised during the public participation 
process on that plan or amendment, the State Director shall provide the 
public with an opportunity to comment on the recommendation(s). If the 
State Director does not accept the recommendations of the Governor(s), 
The State Director shall notify the Governor(s) and the Governor(s) 
shall have 30 days in which to submit a written appeal to the Director 
of the Bureau of Land Management. The Director shall accept the 
recommendations of the Governor(s) if he/she determines that they 
provide for a reasonable balance between the national interest and the 
State's interest. The Director shall communicate to the Governor(s) in 
writing and publish in the Federal Register the reasons for his/her 
determination to accept or reject such Governor's recommendations.



Sec. 1610.4  Resource management planning process.



Sec. 1610.4-1  Identification of issues.

    At the outset of the planning process, the public, other Federal 
agencies, State and local governments and Indian tribes shall be given 
an opportunity to suggest concerns, needs, and resource use, development 
and protection opportunities for consideration in the preparation of the 
resource management plan. The District and Area Manager shall analyze 
those suggestions, plus available district records of

[[Page 18]]

resource conditions, trends, needs and problems, and select topics and 
determine the issues to be addressed during the planning process. Issues 
may be modified during the planning process to incorporate new 
information. The identification of issues shall also comply with the 
scoping process required by regulations implementing the National 
Environmental Policy Act (40 CFR 1501.7).



Sec. 1610.4-2  Development of planning criteria.

    The District or Area Manager shall prepare criteria to guide 
development of the resource management plan or revision, to ensure that 
it is tailored to the issues previously identified and to ensure that 
unnecessary data collection and analyses are avoided. Planning criteria 
shall generally be based upon applicable law, Director and State 
Director guidance, the results of public participation and coordination 
with other Federal agencies, State and local governments and Indian 
tribes. Proposed planning criteria, including any significant changes, 
shall be made available for public comment prior to being approved by 
the District manager for use in the planning process. Planning criteria 
may be changed as planning proceeds, based on public suggestions and the 
findings of the various studies and assessments.



Sec. 1610.4-3  Inventory data and information collection.

    (a) The District or Area Manager shall arrange for resource, 
environmental, social, economic and institutional data and information 
to be collected, or assembled if already available. New information and 
inventory data collection will emphasize significant issues and 
decisions with the greatest potential impact. Inventory data and 
information shall be collected in a manner that aids application in the 
planning process, including subsequent monitoring requirements.



Sec. 1610.4-4  Analysis of the management situation.

    The District or Area Manager shall analyze the inventory data and 
other information available to determine the ability of the resource 
area to respond to identified issues and opportunities. The analysis of 
the management situation shall provide, consistent with multiple use 
principles, the basis for formulating reasonable alternatives, including 
the types of resources for development or protection. Factors to be 
considered may include, but are not limited to:
    (a) The types of resource use and protection authorized by the 
Federal Land Policy and Management Act and other relevant legislation;
    (b) Opportunities to meet goals and objectives defined in national 
and State Director guidance;
    (c) Resource demand forecasts and analyses relevant to the resource 
area;
    (d) The estimated sustained levels of the various goods, services 
and uses that may be attained under existing biological and physical 
conditions and under differing management practices and degrees of 
management intensity which are economically viable under benefit cost or 
cost effectiveness standards prescribed in national or State Director 
guidance;
    (e) Specific requirements and constraints to achieve consistency 
with policies, plans and programs of other Federal agencies, State and 
local government agencies and Indian tribes;
    (f) Opportunities to resolve public issues and management concerns;
    (g) Degree of local dependence on resources from public lands;
    (h) The extent of coal lands which may be further considered under 
provisions of Sec. 3420.2-3(a) of this title; and
    (i) Critical threshold levels which should be considered in the 
formulation of planned alternatives.



Sec. 1610.4-5  Formulation of alternatives.

    All reasonable resource management alternatives shall be considered 
and several complete alternatives developed for detailed study. The 
alternatives developed shall reflect the variety of issues and guidance 
applicable to the resource uses. In order to limit the total number of 
alternatives analyzed in detail to a manageable number for presentation 
and analysis, all reasonable variations shall be treated as 
subalternatives. One alternative shall be

[[Page 19]]

for no action, which means continuation of present level or systems of 
resource use. The plan shall note any alternatives identified and 
eliminated from detailed study and shall briefly discuss the reasons for 
their elimination.



Sec. 1610.4-6  Estimation of effects of alternatives.

    The District or Area Manager shall estimate and display the 
physical, biological, economic, and social effects of implementing each 
alternative considered in detail. The estimation of effects shall be 
guided by the planning criteria and procedures implementing the National 
Environmental Policy Act. The estimate may be stated in terms of 
probable ranges where effects cannot be precisely determined.



Sec. 1610.4-7  Selection of preferred alternative.

    The District or Area Manager shall evaluate the alternatives and the 
estimation of their effects according to the planning criteria, and 
develop a preferred alternative which shall best meet Director and State 
Director guidance. The preferred alternative shall be incorporated into 
the draft resource management plan and draft environmental impact 
statement. The resulting draft resource management plan and draft 
environmental impact statement shall be forwarded to the State Director 
for approval, publication, and filing with the Environmental Protection 
Agency. This draft plan and environmental impact statement shall be 
provided for comment to the Governor of the State involved, and to 
officials of other Federal agencies, State and local governments and 
Indian tribes that the State Director has reason to believe would be 
concerned. This action shall constitute compliance with the requirements 
of Sec. 3420.1-7 of this title.



Sec. 1610.4-8  Selection of resource management plan.

    After publication of the draft resource management plan and draft 
environmental impact statement, the District Manager shall evaluate the 
comments received and select and recommend to the State Director, for 
supervisory review and publication, a proposed resource management plan 
and final environmental impact statement. After supervisory review of 
the proposed resource management plan, the State Director shall publish 
the plan and file the related environmental impact statement.



Sec. 1610.4-9  Monitoring and evaluation.

    The proposed plan shall establish intervals and standards, as 
appropriate, for monitoring and evaluation of the plan. Such intervals 
and standards shall be based on the sensitivity of the resource to the 
decisions involved and shall provide for evaluation to determine whether 
mitigation measures are satisfactory, whether there has been significant 
change in the related plans of other Federal agencies, State or local 
governments, or Indian tribes, or whether there is new data of 
significance to the plan. The District Manager shall be responsible for 
monitoring and evaluating the plan in accordance with the established 
intervals and standards and at other times as appropriate to determine 
whether there is sufficient cause to warrant amendment or revision of 
the plan.



Sec. 1610.5  Resource management plan approval, use and modification.



Sec. 1610.5-1  Resource management plan approval and administrative review.

    (a) The proposed resource management plan or revision shall be 
submitted by the District Manager to the State Director for supervisory 
review and approval. When the review is completed the State Director 
shall either publish the proposed plan and file the related 
environmental impact statement or return the plan to the District 
Manager with a written statement of the problems to be resolved before 
the proposed plan can be published.
    (b) No earlier than 30 days after the Environmental Protection 
Agency publishes a notice of the filing of the final environmental 
impact statement in the Federal Register, and pending final action on 
any protest that may be filed, the State Director shall approve the 
plan. Approval shall be withheld on any portion of a plan or amendment 
being protested until final action has

[[Page 20]]

been completed on such protest. Before such approval is given, there 
shall be public notice and opportunity for public comment on any 
significant change made to the proposed plan. The approval shall be 
documented in a concise public record of the decision, meeting the 
requirements of regulations for the National Environmental Policy Act of 
1969 (40 CFR 1505.2).



Sec. 1610.5-2  Protest procedures.

    (a) Any person who participated in the planning process and has an 
interest which is or may be adversely affected by the approval or 
amendment of a resource management plan may protest such approval or 
amendment. A protest may raise only those issues which were submitted 
for the record during the planning process.
    (1) The protest shall be in writing and shall be filed with the 
Director. The protest shall be filed within 30 days of the date the 
Environmental Protection Agency published the notice of receipt of the 
final environmental impact statement containing the plan or amendment in 
the Federal Register. For an amendment not requiring the preparation of 
an environmental impact statement, the protest shall be filed within 30 
days of the publication of the notice of its effective date.
    (2) The protest shall contain:
    (i) The name, mailing address, telephone number and interest of the 
person filing the protest;
    (ii) A statement of the issue or issues being protested;
    (iii) A statement of the part or parts of the plan or amendment 
being protested;
    (iv) A copy of all documents addressing the issue or issues that 
were submitted during the planning process by the protesting party or an 
indication of the date the issue or issues were discussed for the 
record; and
    (v) A concise statement explaining why the State Director's decision 
is believed to be wrong.
    (3) The Director shall promptly render a decision on the protest. 
The decision shall be in writing and shall set forth the reasons for the 
decision. The decision shall be sent to the protesting party by 
certified mail, return receipt requested.
    (b) The decision of the Director shall be the final decision of the 
Department of the Interior.



Sec. 1610.5-3  Conformity and implementation.

    (a) All future resource management authorizations and actions, as 
well as budget or other action proposals to higher levels in the Bureau 
of Land Management and Department, and subsequent more detailed or 
specific planning, shall conform to the approved plan.
    (b) After a plan is approved or amended, and if otherwise authorized 
by law, regulation, contract, permit, cooperative agreement or other 
instrument of occupancy and use, the District and Area Manager shall 
take appropriate measures, subject to valid existing rights, to make 
operations and activities under existing permits, contracts, cooperative 
agreements or other instruments for occupancy and use, conform to the 
approved plan or amendment within a reasonable period of time. Any 
person adversely affected by a specific action being proposed to 
implement some portion of a resource management plan or amendment may 
appeal such action pursuant to 43 CFR 4.400 at the time the action is 
proposed for implementation.
    (c) If a proposed action is not in conformance, and warrants further 
consideration before a plan revision is scheduled, such consideration 
shall be through a plan amendment in accordance with the provisions of 
Sec. 1610.5-5 of this title.
    (d) More detailed and site specific plans for coal, oil shale and 
tar sand resources shall be prepared in accordance with specific 
regulations for those resources: Group 3400 of this title for coal; 
Group 3900 of this title for oil shale; and part 3140 of this title for 
tar sand. These activity plans shall be in conformance with land use 
plans prepared and approved under the provisions of this part.



Sec. 1610.5-4  Maintenance.

    Resource management plans and supporting components shall be 
maintained as necessary to reflect minor changes in data. Such 
maintenance is

[[Page 21]]

limited to further refining or documenting a previously approved 
decision incorporated in the plan. Maintenance shall not result in 
expansion in the scope of resource uses or restrictions, or change the 
terms, conditions, and decisions of the approved plan. Maintenance is 
not considered a plan amendment and shall not require the formal public 
involvement and interagency coordination process described under 
Secs. 1610.2 and 1610.3 of this title or the preparation of an 
environmental assessment or environmental impact statement. Maintenance 
shall be documented in plans and supporting records.



Sec. 1610.5-5  Amendment.

    A resource management plan may be changed through amendment. An 
amendment shall be initiated by the need to consider monitoring and 
evaluation findings, new data, new or revised policy, a change in 
circumstances or a proposed action that may result in a change in the 
scope of resource uses or a change in the terms, conditions and 
decisions of the approved plan. An amendment shall be made through an 
environmental assessment of the proposed change, or an environmental 
impact statement, if necessary, public involvement as prescribed in 
Sec. 1610.2 of this title, interagency coordination and consistency 
determination as prescribed in Sec. 1610.3 of this title and any other 
data or analysis that may be appropriate. In all cases, the effect of 
the amendment on the plan shall be evaluated. If the amendment is being 
considered in response to a specific proposal, the analysis required for 
the proposal and for the amendment may occur simultaneously.
    (a) If the environmental assessment does not disclose significant 
impact, a finding of no significant impact may be made by the District 
Manager. The District Manager shall then make a recommendation on the 
amendment to the State Director for approval, and upon approval, the 
District Manager shall issue a public notice of the action taken on the 
amendment. If the amendment is approved, it may be implemented 30 days 
after such notice.
    (b) If a decision is made to prepare an environmental impact 
statement, the amending process shall follow the same procedure required 
for the preparation and approval of the plan, but consideration shall be 
limited to that portion of the plan being considered for amendment. If 
several plans are being amended simultaneously, a single environmental 
impact statement may be prepared to cover all amendments.



Sec. 1610.5-6  Revision.

    A resource management plan shall be revised as necessary, based on 
monitoring and evaluation findings (Sec. 1610.4-9), new data, new or 
revised policy and changes in circumstances affecting the entire plan or 
major portions of the plan. Revisions shall comply with all of the 
requirements of these regulations for preparing and approving an 
original resource management plan.



Sec. 1610.5-7  Situations where action can be taken based on another agency's plan, or a land use analysis.

    These regulations authorize the preparation of a resource management 
plan for whatever public land interests exist in a given land area. 
There are situations of mixed ownership where the public land estate is 
under non-Federal surface, or administration of the land is shared by 
the Bureau of Land Management with another Federal agency. The District 
and Area Manager may use the plans or the land use analysis of other 
agencies when split or shared estate conditions exist in any of the 
following situations:
    (a) Another agency's plan (Federal, State, or local) may be used as 
a basis for an action only if it is comprehensive and has considered the 
public land interest involved in a way comparable to the manner in which 
it would have been considered in a resource management plan, including 
the opportunity for public participation.
    (b) After evaluation and review, the Bureau of Land Management may 
adopt another agency's plan for continued use as a resource management 
plan if an agreement is reached between the Bureau of Land Management 
and the other agency to provide for maintenance and amendment of the 
plan, as necessary, to comply with law and policy applicable to public 
lands.

[[Page 22]]

    (c) A land use analysis may be used to consider a coal lease when 
there is no Federal ownership interest in the surface or when coal 
resources are insufficient to justify plan preparation costs. The land 
use analysis process, as authorized by the Federal Coal Leasing 
Amendments Act, consists of an environmental assessment or impact 
statement, public participation as required by Sec. 1610.2 of this 
title, the consultation and consistency determinations required by 
Sec. 1610.3 of this title, the protest procedure prescribed by 
Sec. 1610.5-2 of this title and a decision on the coal lease proposal. A 
land use analysis meets the planning requirements of section 202 of the 
Federal Land Policy and Management Act. The decision to approve the land 
use analysis and to lease coal is made by the Departmental official who 
has been delegated the authority to issue coal leases.



Sec. 1610.6  Management decision review by Congress.

    The Federal Land Policy and Management Act requires that any Bureau 
of Land Management management decision or action pursuant to a 
management decision which totally eliminates one or more principal or 
major uses for 2 or more years with respect to a tract of 100,000 acres 
or more, shall be reported by the Secretary to Congress before it can be 
implemented. This report shall not be required prior to approval of a 
resource management plan which, if fully or partially implemented, would 
result in such an elimination. The required report shall be submitted as 
the first action step in implementing that portion of a resource 
management plan which would require elimination of such a use.



Sec. 1610.7  Designation of areas.



Sec. 1610.7-1  Designation of areas unsuitable for surface mining.

    (a)(1) The planning process is the chief process by which public 
land is reviewed to assess whether there are areas unsuitable for all or 
certain types of surface coal mining operations under section 522(b) of 
the Surface Mining Control and Reclamation Act. The unsuitability 
criteria to be applied during the planning process are found in 
Sec. 3461.1 of this title.
    (2) When petitions to designate land unsuitable under section 522(c) 
of the Surface Mining Control and Reclamation Act are referred to the 
Bureau of Land Management for comment, the resource management plan, or 
plan amendment if available, shall be the basis for review.
    (3) After a resource management plan or plan amendment is approved 
in which lands are assessed as unsuitable, the District Manager shall 
take all necessary steps to implement the results of the unsuitability 
review as it applies to all or certain types of coal mining.
    (b)(1) The resource management planning process is the chief process 
by which public lands are reviewed for designation as unsuitable for 
entry or leasing for mining operations for minerals and materials other 
than coal under section 601 of the Surface Mining Control and 
Reclamation Act.
    (2) When petitions to designate lands unsuitable under section 601 
of the Surface Mining Control and Reclamation Act are received by the 
Bureau of Land Management, the resource management plan, if available, 
shall be the basis for determinations for designation.
    (3) After a resource management plan or plan amendment in which 
lands are designated unsuitable is approved, the District Manager shall 
take all necessary steps to implement the results of the unsuitability 
review as it applies to minerals or materials other than coal.



Sec. 1610.7-2  Designation of areas of critical environmental concern.

    Areas having potential for Areas of Critical Environmental Concern 
(ACEC) designation and protection management shall be identified and 
considered throughout the resource management planning process (see 
Secs. 1610.4-1 through 1610.4-9).
    (a) The inventory data shall be analyzed to determine whether there 
are areas containing resources, values, systems or processes or hazards 
eligible

[[Page 23]]

for further consideration for designation as an ACEC. In order to be a 
potential ACEC, both of the following criteria shall be met:
    (1) Relevance. There shall be present a significant historic, 
cultural, or scenic value; a fish or wildlife resource or other natural 
system or process; or natural hazard.
    (2) Importance. The above described value, resource, system, 
process, or hazard shall have substantial significance and values. This 
generally requires qualities of more than local significance and special 
worth, consequence, meaning, distinctiveness, or cause for concern. A 
natural hazard can be important if it is a significant threat to human 
life or property.
    (b) The State Director, upon approval of a draft resource management 
plan, plan revision, or plan amendment involving ACECs, shall publish a 
notice in the Federal Register listing each ACEC proposed and specifying 
the resource use limitations, if any, which would occur if it were 
formally designated. The notice shall provide a 60-day period for public 
comment on the proposed ACEC designation. The approval of a resource 
management plan, plan revision, or plan amendment constitutes formal 
designation of any ACEC involved. The approved plan shall include the 
general management practices and uses, including mitigating measures, 
identified to protect designated ACEC.



Sec. 1610.8  Transition period.

    (a) Until superseded by resource management plans, management 
framework plans may be the basis for considering proposed actions as 
follows:
    (1) The management framework plan shall be in compliance with the 
principle of multiple use and sustained yield and shall have been 
developed with public participation and governmental coordination, but 
not necessarily precisely as prescribed in Secs. 1610.2 and 1610.3 of 
this title.
    (2) No sooner than 30 days after the Environmental Protection Agency 
publishes a notice of the filing of a final court-ordered environmental 
impact statement--which is based on a management framework plan--
proposed actions may be initiated without any further analysis or 
processes included in this subpart.
    (3) For proposed actions other than those described in paragraph 
(a)(2) of this section, determination shall be made by the District or 
Area Manager whether the proposed action is in conformance with the 
management framework plan. Such determination shall be in writing and 
shall explain the reasons for the determination.
    (i) If the proposed action is in conformance, it may be further 
considered for decision under procedures applicable to that type of 
action, including requirements of regulations for implementing the 
procedural provisions of the National Environmental Policy Act in 40 CFR 
parts 1500-1508.
    (ii) If the proposed action is not in conformance with the 
management framework plan, and if the proposed action warrants further 
favorable consideration before a resource management plan is scheduled 
for preparation, such consideration shall be through a management 
framework plan amendment using the provisions of Sec. 1610.5-5 of this 
title.
    (b)(1) If an action is proposed where public lands are not covered 
by a management framework plan or a resource management plan, an 
environmental assessment and an environmental impact statement, if 
necessary, plus any other data and analysis necessary to make an 
informed decision, shall be used to assess the impacts of the proposal 
and to provide a basis for a decision on the proposal.
    (2) A land disposal action may be considered before a resource 
management plan is scheduled for preparation, through a planning 
analysis, using the process described in Sec. 1610.5-5 of this title for 
amending a plan.



                     Group 1700--Program Management



PART 1780--COOPERATIVE RELATIONS--Table of Contents




                    Subpart 1784--Advisory Committees

Sec.
1784.0-1  Purpose.
1784.0-2  Objectives.
1784.0-3  Authority.

[[Page 24]]

1784.0-4  [Reserved]
1784.0-5  Definitions.
1784.0-6  Policy.
1784.1  Establishment, duration, termination, and renewal.
1784.1-1  Establishment.
1784.1-2  Duration, termination, and renewal.
1784.2  Composition, avoidance of conflict of interest.
1784.2-1  Composition.
1784.2-2  Avoidance of conflict of interest.
1784.3  Member service.
1784.4  Public participation.
1784.4-1  Calls for nominations.
1784.4-2  Notice of meetings.
1784.4-3  Open meetings.
1784.5  Operating procedures.
1784.5-1  Functions.
1784.5-2  Meetings.
1784.5-3  Records.
1784.6  Membership and functions of resource advisory councils and sub-
          groups.
1784.6-1  Resource advisory councils--requirements.
1784.6-2  Resource advisory councils--optional features.

    Authority:  5 U.S.C. App. (Federal Advisory Committee Act); 43 
U.S.C. 1739.

    Source:  45 FR 8177, Feb. 6, 1980, unless otherwise noted.



                    Subpart 1784--Advisory Committees



Sec. 1784.0-1  Purpose.

    This subpart contains standards and procedures for the creation, 
operation and termination of advisory committees to advise the Secretary 
of the Interior and Bureau of Land Management on matters relating to 
public lands and resources under the administrative jurisdiction of the 
Bureau of Land Management.



Sec. 1784.0-2  Objectives.

    The objective of advisory committees established under these 
regulations is to make available to the Department of the Interior and 
Bureau of Land Management the expert counsel of concerned, knowledgeable 
citizens and public officials regarding both the formulation of 
operating guidelines and the preparation and execution of plans and 
programs for the use and management of public lands, their natural and 
cultural resources, and the environment.



Sec. 1784.0-3  Authority.

    (a) The Federal Advisory Committee Act (5 U.S.C. Appendix 1) 
requires establishment of a system governing advisory committees in the 
Executive Branch of the Federal Government and specifies policies, 
procedures, and responsibilities for committee creation, management and 
termination.
    (b) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), as amended by the Public Rangelands Improvement Act of 
1978 (43 U.S.C. 1901 et seq.), requires establishment of advisory 
councils representative of major citizen interests concerned with 
resource management planning or the management of public lands.
    (c) Section 2 of the Reorganization Plan No. 3 of 1950 (5 U.S.C. 
Appendix, as amended; 64 Stat. 1262), authorizes the Secretary of the 
Interior to make provisions deemed appropriate authorizing the 
performance by any other officer, or by any agency or employee or the 
Department of the Interior of any Departmental function. The 
establishment of advisory committees is deemed an appropriate action.
[45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39529, Oct. 29, 1986]



Sec. 1784.0-4  [Reserved]



Sec. 1784.0-5  Definitions.

    As used in this subpart, the term:
    (a) Advisory committee means any committee, council, or board 
established or utilized for purposes of obtaining advice or 
recommendations.
    (b) Secretary means Secretary of the Interior.
    (c) Director means the Director of the Bureau of Land Management.
    (d) Designated Federal officer means the Federal officer or employee 
designated by an advisory committee charter who approves meeting agendas 
and attends all meetings of the committee and its subcommittees, if any.
    (e) Public lands means any lands and interest in lands owned by the 
United States administered by the Secretary of the Interior through the 
Bureau of Land Management, except:
    (1) Lands located on the Outer Continental Shelf; and

[[Page 25]]

    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.0-6  Policy.

    As part of the Department's program for public participation, it is 
the policy of the Secretary to establish and employ committees 
representative of major citizens' interests, or where required by law, 
of special citizen interests, to advise the Secretary and Director 
regarding policy formulation, program planning, decisionmaking, 
attainment of program objectives, and achievement of improved program 
coordination and economies in the management of public lands and 
resources; to regularly ensure that such committees are being optimally 
employed; and to limit the number of advisory committees to that 
essential to the conduct of the public's business.



Sec. 1784.1  Establishment, duration, termination, and renewal.



Sec. 1784.1-1  Establishment.

    (a) An advisory committee required by statute is established or 
renewed upon the filing of a charter, signed by the Secretary, with the 
Committee on Energy and Natural Resources of the United States Senate 
and the Committee on Interior and Insular Affairs of the United States 
House of Representatives.
    (b) An advisory committee not specifically required by statute shall 
be established only when the Secretary has--
    (1) Determined as a matter of formal record, after consultation with 
the General Services Administration, that establishment of the committee 
is in the public interest in connection with duties required of the 
Department of the Interior by law;
    (2) Signed and filed the committee charter; and
    (3) Published in the Federal Register a notice of his determination 
and of the establishment of the committee.
    (c) An advisory committee shall not meet or take any action until 
the Committee's charter has been signed by the Secretary and copies 
filed with the appropriate committees of the Senate and House of 
Representatives and the Library of Congress.



Sec. 1784.1-2  Duration, termination, and renewal.

    (a) An advisory committee not mandated by statute, i.e., established 
at the discretion of the Secretary, shall terminate not later than 2 
years after its establishment unless, prior to that time, it is 
rechartered by the Secretary and copies of the new charter are filed 
with the appropriate committees of the Senate and House of 
Representatives. Any committee so renewed shall continue for not more 
than 2 additional years unless, prior to expiration of such period, it 
is again rechartered.
    (b) Any advisory committee mandated by statute shall terminate not 
later than 2 years after the date of its establishment unless its 
duration is otherwise provided by law. Upon the expiration of each 
successive two-year period following date of establishment, a new 
charter shall be prepared and, after Secretarial approval, filed with 
the appropriate committees of the Senate and House of Representatives 
for any statutory advisory committee being continued.



Sec. 1784.2  Composition, avoidance of conflict of interest.



Sec. 1784.2-1  Composition.

    (a) Each advisory committee shall be structured to provide fair 
membership balance, both geographic and interest-specific, in terms of 
the functions to be performed and points of view to be represented, as 
prescribed by its charter. Each shall be formed with the objective of 
providing representative counsel and advice about public land and 
resource planning, retention, management and disposal. No person is to 
be denied an opportunity to serve because of race, age, sex, religion or 
national origin.
    (b) Individuals shall qualify to serve on an advisory committee 
because their education, training, or experience enables them to give 
informed and objective advice regarding an industry, discipline, or 
interest specified in the committee's charter; they have demonstrated 
experience or knowledge of

[[Page 26]]

the geographical area under the purview of the advisory committee; and 
they have demonstrated a commitment to collaborate in seeking solutions 
to resource management issues.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.2-2  Avoidance of conflict of interest.

    (a) Persons or employees of organizations who hold leases, licenses, 
permits, contracts or claims which involve lands or resources 
administered by the Bureau of Land Management normally shall not serve 
on advisory committees except--
    (1) Holders of grazing permits and leases may serve on advisory 
committees, including resource advisory councils, and may serve on 
subgroups of such advisory councils;
    (2) That the lack of candidates make them the only available 
candidates; or
    (3) When they have special knowledge or experience which is needed 
to accomplish the committee functions to be performed.
    (b) No advisory committee members, including members of resource 
advisory councils, and no members of subgroups of such advisory 
committees, shall participate in any matter in which the members have a 
direct interest.
    (c) Members of advisory committees shall be required to disclose 
their direct or indirect interest in leases, licenses, permits, 
contracts, or claims and related litigation which involve lands or 
resources administered by the Bureau of Land Management. For the 
purposes of this paragraph, indirect interest includes holdings of a 
spouse or a dependent child.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.3  Member service.

    (a) Appointments to advisory committees shall be for 2-year terms 
unless otherwise specified in the charter or the appointing document. 
Terms of service normally coincide with duration of the committee 
charter. Members may be appointed to additional terms at the discretion 
of the authorized appointing official.
    (1) The term of the member of a council who has been appointed on 
the basis of his status as an elected official of general purpose 
government serving the people of the geographical area for which the 
council is established shall end upon that person's departure from such 
elective office if such departure occurs before his or her term of 
appointment or reappointment to the council would otherwise expire. 
However, the Secretary, in his discretion, may permit the member to 
complete the term in another vacant position on the council, provided 
that the member is qualified to represent one of the other categories of 
major citizens' interests set forth in the charter of the council;
    (2) A vacancy occurring by reason of removal, resignation, death, or 
departure from elective office shall be filled for the balance of the 
vacating member's term using the same method by which the original 
appointment was made;
    (b) Committee members advise and report only to the official(s) 
specified in the charter. Service as an advisor, however, does not limit 
the rights of a member acting as a private citizen or as a member or 
official of another organization.
    (c) The Secretary or the designated Federal officer may, after 
written notice, terminate the service of an advisor if, in the judgment 
of the Secretary or the designated Federal officer, such removal is in 
the public interest, or if the advisor--
    (1) No longer meets the requirements under which elected or 
appointed;
    (2) Fails or is unable to participate regularly in committee work; 
or
    (3) Has violated Federal law or the regulations of the Secretary.
    (d) For purposes of compensation, members of advisory committees 
shall be reimbursed for travel and per diem expenses when on advisory 
committee business, as authorized by 5 U.S.C. 5703. No reimbursement 
shall be made for expenses incurred by members of subgroups selected by 
established committees, except that the designated Federal officer may 
reimburse travel and

[[Page 27]]

per diem expenses to members of subgroups who are also members of the 
parent committee.
[45 FR 8177, Feb. 6, 1980, as amended at 47 FR 6429, Feb. 12, 1982; 47 
FR 34389, Aug. 9, 1982; 51 FR 39529, Oct. 29, 1986; 52 FR 5284, Feb. 20, 
1987; 60 FR 9958, Feb. 22, 1995]



Sec. 1784.4  Public participation.



Sec. 1784.4-1  Calls for nominations.

    Except where otherwise provided, candidates for appointment to 
advisory committees are sought through public calls for public 
nominations. Such calls shall be published in the Federal Register and 
are made through media releases and systematic contacts with individuals 
and organizations interested in the use and management of public lands 
and resources.



Sec. 1784.4-2  Notice of meetings.

    (a) Notices of meetings of advisory committees and any subcommittees 
that may be formed shall be published in the Federal Register and 
distributed to the media 30 days in advance of a meeting. However, if 
urgent matters arise, notices of meetings of advisory committees and any 
subcommittees shall be published in the Federal Register and distributed 
to the media at least 15 days in advance of a meeting.
    (b) Notices shall set forth meeting locations, topics or issues to 
be discussed, and times and places for the public to be heard.



Sec. 1784.4-3  Open meetings.

    (a) All advisory committee and subcommittee meetings and associated 
field examinations shall be open to the public and news media.
    (b) Anyone may appear before or file a statement with a committee or 
subcommittee regarding matters on a meeting agenda.
    (c) The scheduling of meetings and the preparation of agendas shall 
be done in a manner that will encourage and facilitate public attendance 
and participation. The amount of time scheduled for public presentations 
and meeting times may be extended when the authorized representative 
considers it necessary to accommodate all who seek to be heard regarding 
matters on the agenda.



Sec. 1784.5  Operating procedures.



Sec. 1784.5-1  Functions.

    The function of an advisory committee is solely advisory, and 
recommendations shall be made only to the authorized representative 
specified in its charter. Determinations of actions to be taken on the 
reports and recommendations of a committee shall be made only by the 
Secretary or the designated Federal officer.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.5-2  Meetings.

    (a) Advisory committees shall meet only at the call of the Secretary 
or the designated Federal officer.
    (b) No meeting shall be held in the absence of the Secretary or the 
designated Federal officer.
    (c) Each meeting shall be conducted with close adherence to an 
agenda which has been approved in advance by the authorized 
representative.
    (d) The authorized representative may adjourn an advisory committee 
meeting at any time when--
    (1) Continuance would be inconsistent with either the purpose for 
which the meeting was called or the established rules for its conduct; 
or
    (2) Adjournment is determined to be in the public interest.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.5-3  Records.

    (a) Detailed records shall be kept of each meeting of an advisory 
committee and any subcommittees that may be formed. These records shall 
include as a minimum--
    (1) The time and place of the meeting;
    (2) Copies of the Federal Register and other public notices 
announcing the meeting;
    (3) A list of advisors and Department or Bureau employees present;
    (4) A list of members of the public present and who each 
represented;
    (5) The meeting agenda;
    (6) A complete and accurate summary description of matters discussed 
and conclusions reached;

[[Page 28]]

    (7) A list of recommendations made by the advisory committee;
    (8) Copies of all reports received, issued, or approved by the 
Committee or subcommittee; and
    (9) A description of the nature of public participation. The 
Chairperson of the advisory committee shall certify to the accuracy of 
meeting records.
    (b) All records, reports, transcripts, minutes, recommendations, 
studies, working papers, and other documents prepared by or submitted to 
an advisory committee shall be available for public inspection and 
copying in the Bureau of Land Management office responsible for support 
of that committee. Upon request, copies shall be provided at the cost of 
duplication as established by the regulations in 43 CFR part 2 (Appendix 
A).



Sec. 1784.6  Membership and functions of resource advisory councils and sub-groups.



Sec. 1784.6-1  Resource advisory councils--requirements.

    (a) Resource advisory councils shall be established to cover all 
lands administered by the Bureau of Land Management, except where--
    (1) There is insufficient interest in participation to ensure that 
membership can be fairly balanced in terms of the points of view 
represented and the functions to be performed; or
    (2) The location of the public lands with respect to the population 
of users and other interested parties precludes effective participation.
    (b) A resource advisory council advises the Bureau of Land 
Management official to whom it reports regarding the preparation, 
amendment and implementation of land use plans for public lands and 
resources within its area. Except for the purposes of long-range 
planning and the establishment of resource management priorities, a 
resource advisory council shall not provide advice on the allocation and 
expenditure of funds. A resource advisory council shall not provide 
advice regarding personnel actions.
    (c) The Secretary shall appoint the members of each resource 
advisory council. The Secretary shall appoint at least 1 elected 
official of general purpose government serving the people of the area to 
each council. An individual may not serve concurrently on more than 1 
resource advisory council. Council members and members of a rangeland 
resource team or other local general purpose subgroup must reside in 1 
of the States within the geographic jurisdiction of the council or 
subgroup, respectively. Council members and members of general purpose 
subgroups shall be representative of the interests of the following 3 
general groups:
    (1) Persons who--
    (i) Hold Federal grazing permits or leases within the area for which 
the council is organized;
    (ii) Represent interests associated with transportation or rights-
of-way;
    (iii) Represent developed outdoor recreation, off-highway vehicle 
users, or commercial recreation activities;
    (iv) Represent the commercial timber industry; or
    (v) Represent energy and mineral development.
    (2) Persons representing--
    (i) Nationally or regionally recognized environmental organizations;
    (ii) Dispersed recreational activities;
    (iii) Archeological and historical interests; or
    (iv) Nationally or regionally recognized wild horse and burro 
interest groups.
    (3) Persons who--
    (i) Hold State, county or local elected office;
    (ii) Are employed by a State agency responsible for management of 
natural resources, land, or water;
    (iii) Represent Indian tribes within or adjacent to the area for 
which the council is organized;
    (iv) Are employed as academicians in natural resource management or 
the natural sciences; or
    (v) Represent the affected public-at-large.
    (d) In appointing members of a resource advisory council from the 3 
categories set forth in paragraphs (c)(1), (c)(2), and (c)(3) of this 
section, the Secretary shall provide for balanced and broad 
representation from within each category.
    (e) In making appointments to resource advisory councils the 
Secretary shall consider nominations made by

[[Page 29]]

the Governor of the State or States affected and nominations received in 
response to public calls for nominations pursuant to Sec. 1784.4-1. 
Persons interested in serving on resource advisory councils may nominate 
themselves. All nominations shall be accompanied by letters of reference 
from interests or organizations to be represented.
    (f) Persons appointed to resource advisory councils shall attend a 
course of instruction in the management of rangeland ecosystems that has 
been approved by the Bureau of Land Management State Director.
    (g) A resource advisory council shall meet at the call of the 
designated Federal officer and elect its own officers. The designated 
Federal officer shall attend all meetings of the council.
    (h) Council charters must include rules defining a quorum and 
establishing procedures for sending recommendations forward to BLM. A 
quorum of council members must be present to constitute an official 
meeting of the council. Formal recommendations shall require agreement 
of at least a majority of each of the 3 categories of interest from 
which appointments are made.
    (i) Where the resource advisory council becomes concerned that its 
advice is being arbitrarily disregarded, the council may request that 
the Secretary respond directly to such concerns within 60 days of 
receipt. Such a request can be made only upon the agreement of all 
council members. The Secretary's response shall not constitute a 
decision on the merits of any issue that is or might become the subject 
of an administrative appeal, and shall not be appealable.
    (j) Administrative support for a resource advisory council shall be 
provided by the office of the designated Federal officer.
[60 FR 9958, Feb. 22, 1995]



Sec. 1784.6-2  Resource advisory councils--optional features.

    (a) Resource advisory councils must be established consistent with 
any 1 of the 3 models in paragraphs (a)(1), (a)(2), and (a)(3) of this 
section. The model type and boundaries for resource advisory councils 
shall be established by the BLM State Director(s) in consultation with 
the Governors of the affected States and other interested parties.

                               (1) Model A

    (i) Council jurisdiction. The geographic jurisdiction of a council 
shall coincide with BLM District or ecoregion boundaries. The Governor 
of the affected States or existing resource advisory councils may 
petition the Secretary to establish a resource advisory council for a 
specified Bureau of Land Management resource area. The councils will 
provide advice to the Bureau of Land Management official to whom they 
report regarding the preparation, amendment and implementation of land 
use plans. The councils will also assist in establishing other long-
range plans and resource management priorities in an advisory capacity, 
including providing advice on the development of plans for range 
improvement or development programs.
    (ii) Membership. Each council shall have 15 members, distributed 
equally among the 3 interest groups specified in Sec. 1784.6-1(c).
    (iii) Quorum and voting requirements. At least 3 council members 
from each of the 3 categories of interest from which appointments are 
made pursuant to Sec. 1784.6-1(c) must be present to constitute an 
official meeting of the council. Formal recommendations shall require 
agreement of at least 3 council members from each of the 3 categories of 
interest from which appointments are made.
    (iv) Subgroups. Local rangeland resource teams may be formed within 
the geographical area for which a resource advisory council provides 
advice, down to the level of a single allotment. These teams may be 
formed by a resource advisory council on its own motion or in response 
to a petition by local citizens. Rangeland resource teams will be formed 
for the purpose of providing local level input to the resource advisory 
council regarding issues pertaining to the administration of grazing on 
public land within the area for which the rangeland resource team is 
formed.
    (A) Rangeland resource teams will consist of 5 members selected by 
the resource advisory council. Membership will include 2 persons holding 
Federal

[[Page 30]]

grazing permits or leases. Additional members will include 1 person 
representing the public-at-large, 1 person representing a nationally or 
regionally recognized environmental organization, and 1 person 
representing national, regional, or local wildlife or recreation 
interests. Persons selected by the council to represent the public-at-
large, environmental, and wildlife or recreation interests may not hold 
Federal grazing permits or leases. At least 1 member must be selected 
from the membership of the resource advisory council.
    (B) The resource advisory council will be required to select 
rangeland resource team members from nominees who qualify by virtue of 
their knowledge or experience of the lands, resources, and communities 
that fall within the area for which the team is formed. All nominations 
must be accompanied by letters of recommendation from the groups or 
interests to be represented.
    (C) All members of rangeland resource teams will attend a course of 
instruction in the management of rangeland ecosystems that has been 
approved by the BLM State Director. Rangeland resource teams will have 
opportunities to raise any matter of concern with the resource advisory 
council and to request that BLM form a technical review team, as 
described below, to provide information and options to the council for 
their consideration.
    (D) Technical review teams can be formed by the BLM authorized 
officer on the motion of BLM or in response to a request by the resource 
advisory council or a rangeland resource team. The purpose of such teams 
is to gather and analyze data and develop recommendations to aid the 
decisionmaking process, and functions will be limited to tasks assigned 
by the authorized officer. Membership will be limited to Federal 
employees and paid consultants. Members will be selected based upon 
their knowledge of resource management or their familiarity with the 
specific issues for which the technical review team has been formed. 
Technical review teams will terminate upon completion of the assigned 
task.

                               (2) Model B

    (i) Council jurisdiction. The jurisdiction of the council shall be 
Statewide, or on an ecoregion basis. The purpose of the council is to 
promote federal, state, and local cooperation in the management of 
natural resources on public lands, and to coordinate the development of 
sound resource management plans and activities with other states. It 
will provide an opportunity for meaningful public participation in land 
management decisions at the state level and will foster conflict 
resolution through open dialogue and collaboration.
    (ii) Membership. The council shall have 15 members, distributed 
equally among the 3 interest groups specified in Sec. 1784.6-1(c), and 
will include at least one representative from wildlife interest groups, 
grazing interests, minerals and energy interests, and established 
environmental/conservation interests. The Governor shall chair the 
council.
    (iii) Quorum and voting requirements. The charter of the council 
shall specify that 80% or 12 members must be present to constitute a 
quorum and conduct official business, and that 80% or 12 members of the 
council must vote affirmatively to refer an issue to BLM Federal 
officer.
    (iv) Subgroups. Local rangeland resource teams may be formed by the 
Statewide council, down to the level of a 4th order watershed. Rangeland 
resource teams will be formed for the purpose of providing local level 
input to the resource advisory council. They will meet at least 
quarterly and will promote a decentralized administrative approach, 
encourage good stewardship, emphasize coordination and cooperation among 
agencies, permittees and the interested public, develop proposed 
solutions and management plans for local resources on public lands, 
promote renewable rangeland resource values, develop proposed standards 
to address sustainable resource uses and rangeland health, address 
renewable rangeland resource values, propose and participate in the 
development of area-specific National Environmental Policy Act 
documents, and develop range and wildlife education and training 
programs. As with the resource advisory council, an 80% affirmative vote

[[Page 31]]

will be required to send a recommendation to the resource advisory 
council.
    (A) Rangeland resource teams will not exceed 10 members and will 
include at least 2 persons from environmental or wildlife groups, 2 
grazing permittees, 1 elected official, 1 game and fish district 
representative, 2 members of the public or other interest groups, and a 
Federal officer from BLM. Members will be appointed for 2 year terms by 
the resource advisory council and may be reappointed. No member may 
serve on more than 1 rangeland resource team.
    (B) Technical review teams can be formed by the BLM authorized 
officer on the motion of BLM or in response to a request by the resource 
advisory council or a rangeland resource team. The purpose of such teams 
is to gather and analyze data and develop recommendations to aid the 
decisionmaking process, and functions will be limited to tasks assigned 
by the authorized officer. Membership will be limited to Federal 
employees and paid consultants. Members will be selected based upon 
their knowledge of resource management or their familiarity with the 
specific issues for which the technical review team has been formed. 
Technical review teams will terminate upon completion of the assigned 
task.

                               (3) Model C

    (i) Council jurisdiction. The jurisdiction of the council shall be 
on the basis of ecoregion, State, or BLM district boundaries.
    (ii) Membership. Membership of the council shall be 10 to 15 
members, distributed in a balanced fashion among the 3 interest groups 
defined in Sec. 1784.6-1(c).
    (iii) Quorum and voting requirements. The charter of each council 
shall specify that a majority of each interest group must be present to 
constitute a quorum and conduct official business, and that a majority 
of each interest group must vote affirmatively to refer an issue to BLM 
Federal officer.
    (iv) Subgroups. Resource advisory councils may form more local teams 
to provide general local level input to the resource advisory council on 
issues necessary to the successful functioning of the council. Such 
subgroups can be formed in response to a petition from local citizens or 
on the motion of the resource advisory council. Membership in any 
subgroup formed for the purpose of providing general input to the 
resource advisory council on grazing administration should be 
constituted in accordance with provisions for membership in Sec. 1784.6-
1(c).
    (A) Technical review teams can be formed by the BLM authorized 
officer on the motion of BLM or in response to a request by the resource 
advisory council or a local team. The purpose of such technical review 
teams is to gather and analyze data and develop recommendations to aid 
the decisionmaking process, and functions will be limited to tasks 
assigned by the authorized officer. Membership will be limited to 
Federal employees and paid consultants. Members will be selected based 
upon their knowledge of resource management or their familiarity with 
the specific issues for which the technical review team has been formed. 
Technical review teams will terminate upon completion of the assigned 
task.
    (B) [Reserved]
[60 FR 9959, Feb. 22, 1995]



              Group 1800--Public Administrative Procedures



PART 1810--INTRODUCTION AND GENERAL GUIDANCE--Table of Contents




                       Subpart 1810--General Rules

Sec.
1810.1  Rules of construction; words and phrases.
1810.2  Communications by mail; when mailing requirements are met.
1810.3  Effect of laches; authority to bind government.
1810.4  Information required by forms.

              Subpart 1812--Qualifications of Practitioners

1812.1  General.
1812.1-1  Regulations governing practice before the Department.
1812.1-2  Inquiries.

                    Subpart 1813--Public Land Records

1813.1  Tract books and plats.
1813.1-1  Notations to records.
1813.1-2  Filing of township plats.

[[Page 32]]

1813.2  Serial register.
1813.2-1  Inspection of serial register.
1813.3  Production of records in court.
1813.3-1  Statutory authority.

                      Subpart 1815--Disaster Relief

1815.0-3  Authority.
1815.0-5  Definitions.
1815.1  Timber sale contracts.
1815.1-1  Relief granted.
1815.1-2  Applications.

    Authority:  43 U.S.C. 1740.



                       Subpart 1810--General Rules

    Source:  35 FR 9513, June 13, 1970, unless otherwise noted.



Sec. 1810.1  Rules of construction; words and phrases.

    Except where the context of the regulation or of the Act of the 
Congress on which it is based, indicates otherwise, when used in the 
regulations of this chapter:
    (a) Words importing the singular include and apply to the plural 
also;
    (b) Words importing the plural include the singular;
    (c) Words importing the masculine gender include the feminine as 
well;
    (d) Words used in the present tense include the future as well as 
the present;
    (e) The words person and whoever include corporations, companies, 
associations, firms, partnerships, societies, and joint stock companies, 
as well as individuals;
    (f) Officer and authorized officer include any person authorized by 
law or by lawful delegation of authority to perform the duties 
described;
    (g) Signature or subscription includes a mark when the person making 
the same intended it as such;
    (h) Oath includes affirmation, and sworn includes affirmed;
    (i) Writing includes printing and typewriting as well as holographs, 
and copies include all types of reproductions on paper, including 
photographs, multigraphs, mimeographs and manifolds;
    (j) The word company or association, when used in reference to a 
corporation, shall be deemed to embrace the words successors and assigns 
of such company or association, in like manner as if these last-named 
words, or words of similar import, were expressed.



Sec. 1810.2  Communications by mail; when mailing requirements are met.

    (a) Where the regulations in this chapter provide for communication 
by mail by the authorized officer, the requirement for mailing is met 
when the communication, addressed to the addressee at his last address 
of record in the appropriate office of the Bureau of Land Management, is 
deposited in the mail.
    (b) Where the authorized officer uses the mails to send a notice or 
other communication to any person entitled to such a communication under 
the regulations of this chapter, that person will be deemed to have 
received the communication if it was delivered to his last address of 
record in the appropriate office of the Bureau of Land Management, 
regardless of whether it was in fact received by him. An offer of 
delivery which cannot be consummated at such last address of record 
because the addressee had moved therefrom without leaving a forwarding 
address or because delivery was refused or because no such address 
exists will meet the requirements of this section where the attempt to 
deliver is substantiated by post office authorities.



Sec. 1810.3  Effect of laches; authority to bind government.

    (a) The authority of the United States to enforce a public right or 
protect a public interest is not vitiated or lost by acquiescence of its 
officers or agents, or by their laches, neglect of duty, failure to act, 
or delays in the performance of their duties.
    (b) The United States is not bound or estopped by the acts of its 
officers or agents when they enter into an arrangement or agreement to 
do or cause to be done what the law does not sanction or permit.
    (c) Reliance upon information or opinion of any officer, agent or 
employee or on records maintained by land offices cannot operate to vest 
any right not authorized by law.

[[Page 33]]



Sec. 1810.4  Information required by forms.

    Whenever a regulation in this chapter requires a form approved or 
prescribed by the Director of the Bureau of Land Management, the 
Director may in that form require the submission of any information 
which he considers to be necessary for the effective administration of 
that regulation.



              Subpart 1812--Qualifications of Practitioners



Sec. 1812.1  General.



Sec. 1812.1-1  Regulations governing practice before the Department.

    Every individual who wishes to practice before the Department of the 
Interior, including the Bureau, must comply with the requirements of 
part 1 of this title.
[35 FR 9513, June 13, 1970]



Sec. 1812.1-2  Inquiries.

    No person other than officers or employees of the Department of the 
Interior shall direct any inquiry to any employee of the Bureau with 
respect to any matter pending before it other than to the head of the 
unit in which the matter is pending, to a superior officer, or to an 
employee of the unit authorized by the unit head to answer inquiries.
[35 FR 9513, June 13, 1970]



                    Subpart 1813--Public Land Records

    Source:  35 FR 9513, June 1970, unless otherwise noted.

    Effective Date Note:  At 62 FR 47568, Sept. 10, 1997, subpart 1813 
was removed, effective Oct. 10, 1997.



Sec. 1813.1  Tract books and plats.



Sec. 1813.1-1  Notations to records.

    (a) The authorized officer shall cause the proper notation to be 
made on the plats in order that the status of a tract may be readily 
ascertained by the person examining the plat.
    (b) All withdrawals, reservations, classifications, designations, 
segregations and orders affecting the disposition of lands shall be 
noted on the tract books and plats.
    (c) Use authorizations in excess of 1 year and other leases, 
easements and permits shall be noted on the tract books and plats upon 
issuance. Title transfers shall be noted upon issuance of patent.
[47 FR 32130, July 26, 1982]



Sec. 1813.1-2  Filing of township plats.

    (a) After acceptance of a survey, the original plat thereof will be 
returned to the State Director, the duplicate plat will be retained in 
the files of the Bureau of Land Management in Washington, D.C., and the 
triplicate plat will be forwarded to the proper office. The plat will be 
placed on record in the open files of the respective offices immediately 
upon receipt thereof and will then be available to the public as a 
matter of information only with respect to the technical data and 
descriptions appearing thereon; copies of such plat and the related 
field notes will be furnished upon request and payment of the costs as 
provided in Sec. 2.4 of this title. When the authorized officer of the 
proper office is instructed to file the plat without the usual public 
notice, such plat will be regarded as officially filed in his office on 
the date of receipt.
    (b) If public notice of the filing of the plat is to be given, the 
authorized officer shall prepare the notice for publication in the 
Federal Register.



Sec. 1813.2  Serial register.



Sec. 1813.2-1  Inspection of serial register.

    The serial register is a public record and may be reasonably 
inspected by any person, provided such examination may be made without 
interfering with the orderly dispatch of public business. Should the 
authorized officer ascertain that any person is obtaining information 
therefrom for improper purposes, he will deny such person further access 
thereto.

[[Page 34]]



Sec. 1813.3  Production of records in court.



Sec. 1813.3-1  Statutory authority.

    Whenever, pursuant to the Act of April 19, 1904 (33 Stat. 186; 43 
U.S.C. 13), the authorized officer shall be served with a subpoena duces 
tecum or other valid legal process requiring him to produce, in any 
United States court or in any court of record of any State, the original 
application for entry of public lands or the final proof of residence 
and cultivation or any other original papers on file in the Bureau of 
Land Management on which a patent to land has been issued or which 
furnish the basis for such patent, it shall be the duty of such 
authorized officer to at once notify the Director of the Bureau of Land 
Management of the service of such process, specifying the particular 
papers he is required to produce, and upon receipt of such notice from 
any authorized officer the Director of the Bureau of Land Management 
shall at once transmit to such authorized officer the original papers 
specified in such notice, and attach to such papers a certificate, under 
seal of his office, properly authenticating them as the original papers 
upon which patent was issued. The said act also provides that such 
papers so authenticated shall be received in evidence in all courts of 
the United States and in the several State courts of the States of the 
Union. (33 Stat. 186; 43 U.S.C. 13)

    Cross Reference: For testimony of employees and use of books, 
records and files in judicial and administrative proceedings, see part 2 
of this title.



                      Subpart 1815--Disaster Relief

    Authority:  Sec. 242 (a), (b), Disaster Relief Act of 1970, 84 Stat. 
1744.

    Source:  36 FR 15534, Aug. 17, 1971, unless otherwise noted.



Sec. 1815.0-3  Authority.

    Disaster Relief Act of 1970 (84 Stat. 1744).



Sec. 1815.0-5  Definitions.

    Major disaster means any hurricane, tornado, storm, flood, high 
water, winddriven water, tidal wave, earthquake, drought, fire, or other 
catastrophe in any part of the United States, which, in the 
determination of the President, is or threatens to be of sufficient 
severity and magnitude to warrant disaster assistance by the Federal 
Government to supplement the efforts and available resources of States, 
local governments, and relief organizations in alleviating the damage, 
loss, hardship, or suffering caused thereby, and with respect to which 
the Governor of any State in which such catastrophe occurs or threatens 
to occur certifies the need for Federal disaster assistance and gives 
assurance of the expenditure of a reasonable amount of the funds of such 
State, its local governments, or other agencies for alleviating the 
damage, loss, hardship or suffering resulting from such catastrophe.



Sec. 1815.1  Timber sale contracts.



Sec. 1815.1-1  Relief granted.

    (a) Where an existing timber sale contract does not provide relief 
to the timber purchaser from major physical change, not due to 
negligence of the purchaser, prior to approval of construction of any 
section of specified road or other specified development facility and, 
as a result of a major disaster, a major physical change results in 
additional construction work in connection therewith, the United States 
will bear a share of the increased construction costs. The United 
States' share will be determined by the authorized officer as follows:
    (1) For sales of less than 1 million board feet, costs over $1,000;
    (2) For sales of from 1 to 3 million board feet, costs over the sum 
of $1 per thousand board feet;
    (3) For sales of over 3 million board feet, costs over $3,000.
    (b) Where the authorized officer determines that the damages caused 
by such major physical change are so great that restoration, 
reconstruction, or construction is not practical under this cost-sharing 
arrangement, he may cancel the timber sale contract notwithstanding any 
provisions thereof.

[[Page 35]]



Sec. 1815.1-2  Applications.

    (a) Place of filing. The application for relief shall be filed in 
the office which issued the contract.
    (b) Form of application. No special form of application is 
necessary.
    (c) Contents of application. (1) The date of issuance of the 
contract and any identification number.
    (2) The particular disaster and its effect upon contract 
performance.
    (3) An estimate of the damages suffered.
    (4) A statement of the relief requested.
    (5) An estimate of time which will be needed to overcome the delay 
in performance caused by the disaster.



PART 1820--APPLICATION PROCEDURES--Table of Contents




               Subpart 1821--Execution and Filing of Forms

Sec.
1821.1  Names of claimants.
1821.2  Office hours; place for filing; time limit.
1821.2-1  Office hours; place for filing.
1821.2-2  Time limit for filing documents.
1821.2-3  Simultaneous filings; determination of order of priority.
1821.2-4  Use of certified mail.
1821.3  Oaths.
1821.3-1  Elimination of the requirements.
1821.3-2  Officers qualified.
1821.4  Notations on applications.
1821.4-1  Notation of rights-of-way.
1821.4-2  When notation required.
1821.5  Entries for lands in more than one land district.
1821.5-1  Governing regulations.
1821.5-2  Applications and fees to be filed in each office.
1821.5-3  Mining claims.
1821.6  Alaska.
1821.6-1  Applications not to be rejected because executed more than 10 
          days prior to filing.
1821.6-2  Joint action to acquire public lands.

                  Subpart 1822--Payments and Repayments

1822.0-3  Authority for repayments.
1822.1  Payments.
1822.1-1  Amount.
1822.1-2  Forms of remittances.
1822.2  Repayments.
1822.2-1  Filing of applications.
1822.2-2  Statement of grounds for repayment.
1822.3  Act of June 16, 1880.
1822.3-1  Statutory provisions.
1822.3-2  Applications.
1822.3-3  Recording of reconveyance.
1822.3-4  Repayment to heirs, executors, administrators.
1822.3-5  Repayment to assignees.
1822.3-6  Repayment to mortgagees.

                   Subpart 1823--Proofs and Testimony

1823.1  Time and place; appearances.
1823.1-1  Time; place; continuance.
1823.1-2  Who may appear.
1823.2  Procedures.
1823.2-1  Examination of claimant and witnesses.
1823.2-2  Testimony to be taken separate and apart from and not within 
          the hearing of the others.
1823.2-3  Advice concerning laws and penalties for false swearing.
1823.2-4  Fees; costs.
1823.3  Transmittal of proof papers.
1823.4  Proof on entries in more than one district.
1823.5  Conduct of officers.
1823.5-1  Prohibited activities.

            Subpart 1824--Publication and Posting of Notices

1824.0-1  Purpose.
1824.1  Selection of newspaper.
1824.1-1  Qualifications of newspaper.
1824.1-2  Discretionary authority of authorized officer; limitations.
1824.2  Payment for republication of notice.
1824.3  Frequency of publication.

                      Subpart 1825--Relinquishments

1825.1  When relinquished land becomes subject to further appropriation.
1825.2  Relinquishment of right-of-way.

             Subpart 1826--Reinstatement of Canceled Entries

1826.1  Application for reinstatement.



               Subpart 1821--Execution and Filing of Forms

    Authority:  R.S. 2478, 43 U.S.C. 1201; 43 U.S.C. 1740, unless 
otherwise noted.

    Source:  35 FR 9514, June 13, 1970, unless otherwise noted.



Sec. 1821.1  Names of claimants.

    Full names of claimants must appear in applications, final 
certificates, and patents.

[[Page 36]]



Sec. 1821.2  Office hours; place for filing; time limit.



Sec. 1821.2-1  Office hours; place for filing.

    (a) The hours during which the offices set forth in paragraph (d) of 
this section shall be open to the public for the filing of applications 
and other documents and the inspection of records shall be prominently 
displayed in each office.
    (b) Applications and other documents cannot be received for filing 
by the authorized officer out of office hours, nor elsewhere than at his 
office; nor can affidavits or proofs be taken by him except in the 
regular and public discharge of his ordinary duties.
    (c) Copies of forms may be obtained from any of the offices listed 
under paragraph (d) of this section. However, completed forms and other 
documents must be filed in the office having jurisdiction.
    (d) The Bureau of Land Management has redelegated authority to 
District and Area Offices for processing certain types of public lands 
disposal and use authorization applications. In those instances where 
delegation has been made to the District or Area Office from the State 
Office, applications shall be filed with the District or Area Office 
having responsibility for the public lands covered by the requested 
action. Accordingly, applicants, prior to the filing of an application, 
should contact the State, District or Area Office of the Bureau of Land 
Management in their immediate vicinity or for the geographic area in 
which the public lands being applied for are located. The locations of 
the offices are as follows:

                  State Office and Area of Jurisdiction

Alaska State Office, 222 W. 7th Avenue, #13, Anchorage, AK 99513-7599--
          Alaska
Arizona State Office, 3707 North 7th Street, Phoenix, AZ 85014; Mail: 
          P.O. Box 16563, Phoenix, AZ 85011--Arizona
California State Office, 2135 Butano Dr., Sacramento, CA 95825-0451-- 
          California
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-7076--
          Colorado
Eastern States, 7450 Boston Boulevard, Springfield, VA 22153--Arkansas, 
          Iowa, Louisiana, Minnesota, Missouri and all States east of 
          the Mississippi
Idaho State Office, 3380 Americana Terrace, Boise, ID 83706-2500--Idaho
Montana State Office, Granite Tower, 222 N. 32nd Street, P.O. Box 36800, 
          Billings, MT 59107-6800--Montana, North Dakota and South 
          Dakota
Nevada State Office, 850 Harvard Way, P.O. Box 12000, Reno, NV 89520-
          0006--Nevada
New Mexico State Office, 1474 Rodeo Road, P.O. Box 27115, Santa Fe, NM 
          87502-7115--Kansas, New Mexico, Oklahoma, and Texas
Oregon State Office, 1300 N.E. 44th Avenue, P.O. Box 2965, Portland, OR 
          97208-2965--Oregon and Washington
Utah State Office, 324 South State Street, Suite 301, Salt Lake City, UT 
          84111-2303--Utah
Wyoming State Office, 5353 Yellowstone Rd, Cheyenne WY 82009; Mail: P.O. 
          Box 1828, Cheyenne, WY 82003--Wyoming and Nebraska

                        District and Area Offices

    A list of the name, address and jurisdiction of all District and 
Area Offices of the Bureau of Land Management can be obtained at the 
above addresses or any office of the Bureau of Land Management, 
including the Washington Office, Bureau of Land Management, 1800 C 
Street, NW., Washington, DC 20240

(Sec. 310, Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1740))
[38 FR 12111, May 9, 1973, as amended at 47 FR 12292, Mar. 22, 1982; 47 
FR 40413, Sept. 14, 1982; 48 FR 40724, Sept. 9, 1983; 48 FR 42984, Sept. 
21, 1983; 50 FR 38122, Sept. 23, 1985; 51 FR 23547, June 30, 1986; 51 FR 
26248, July 22, 1986; 51 FR 34981, Oct. 1, 1986; 59 FR 25823, May 18, 
1994; 60 FR 48905, Sept. 21, 1995; 61 FR 37687, July 19, 1996]



Sec. 1821.2-2  Time limit for filing documents.

    (a) The authorized officer will reject all applications to make 
entry which are executed more than 10 days prior to filing.
    (b) Such rejections should be subject to the right of appeal and to 
the right to file a new and properly executed application, or to 
reexecute the rejected application, without priority.
    (c) The authorized officer will accept as filed within the time 
named in paragraph (a) of this section all applications to enter which 
were deposited in the mails within 10 days from the date of execution.
    (d) Any document required or permitted to be filed under the 
regulations of this chapter, which is received in the

[[Page 37]]

proper office, either in the mail or by personal delivery when the 
office is not open to the public, shall be deemed to be filed as of the 
day and hour the office next opens to the public.
    (e) Any document required by law, regulation or decision to be filed 
within a stated period, the last day of which falls on a day the office 
is officially closed, shall be deemed to be timely filed if it is 
received in the proper office on the next day the office is open to the 
public.
    (f) Except when paragraph (c) of this section is applicable, filing 
is accomplished when a document is delivered to and received by the 
proper office. Depositing a document in the mails does not constitute 
filing.
    (g) When the regulations of this chapter provide that a document 
must be filed or a payment made within a specified period of time, the 
filing of the document or the making of the payment after the expiration 
of that period will not prevent the authorized officer from considering 
the document as being timely filed or the payment as being timely made 
except where:
    (1) The law does not permit him to do so.
    (2) The rights of a third party or parties have intervened.
    (3) The authorized officer determines that further consideration of 
the document or acceptance of the payment would unduly interfere with 
the orderly conduct of business.
[38 FR 12111, May 9, 1973]



Sec. 1821.2-3  Simultaneous filings; determination of order of priority.

    (a) Two or more documents are considered as simultaneously filed 
when:
    (1) In accordance with the regulations in Sec. 1821.2-2, they are 
delivered to and received by the proper office at the same time; or
    (2) They are filed pursuant to an order which specifies that 
documents delivered to and received by the proper office during a 
specified period shall be considered as simultaneously filed.
    (b) Whenever it is necessary, for the purposes of the regulations in 
this chapter, to determine the order of priority of consideration among 
documents which have been simultaneously filed, such order of priority 
will be established by a drawing open to public view.
    (c) Nothing in this regulation shall be construed as denying any 
preference right granted by applicable law or regulation or as 
validating any document which is invalid under applicable law or 
regulation.
[38 FR 12112, May 9, 1973]



Sec. 1821.2-4  Use of certified mail.

    Certified mail as outlined in 39 CFR part 58, may be used in lieu of 
registered mail in public land matters within the jurisdiction of the 
Department of the Interior except where use of registered mail is 
specifically required by statute.



Sec. 1821.3  Oaths.



Sec. 1821.3-1  Elimination of the requirements.

    (a) Written statements in public land matters under the jurisdiction 
of the Department of the Interior need not be made under oath unless the 
Secretary in his discretion shall so require (43 U.S.C. 1211). All 
written statements in public land matters within the jurisdiction of the 
Department of the Interior required prior to June 3, 1948, by law, or 
Chapter I of this title, to be made under oath, need no longer be made 
under oath, except as provided in this paragraph.
    (1) Affidavits must be furnished where required by parts 1840 and 
1850.
    (2) Final proofs required by R.S. 2294 (43 U.S.C. 254). (See 
Secs. 1821.3-2, 2511.3-4 and 2521.6(d) of this chapter.)
    (3) Statements as to the financial worth of individual sureties on 
bonds furnished in connection with leases, licenses or permits granted 
under the public land laws, known as Affidavits of Justification, must 
be made in affidavit form.
    (b) Unsworn statements in public land matters are subject to Title 
18, U.S.C., section 1001, which makes it a crime for any person 
knowingly and willfully to make to any department or agency of the 
United States any false, fictitious or fraudulent statement or 
representations as to any matter within its jurisdiction.

[[Page 38]]

    (c) False statements as to any material fact made by an applicant in 
connection with applications, allowance of which is discretionary with 
the authorized officer, are a proper basis for rejection of the 
applications.



Sec. 1821.3-2  Officers qualified.

    (a) Oaths required under the homestead, and, desert-land acts may be 
made before the authorized officer of the proper office for the district 
embracing the land sought; or before any person authorized by the laws 
of or pertaining to the State to administer oaths.



Sec. 1821.4  Notations on applications.



Sec. 1821.4-1  Notation of rights-of-way.

    (a) In order that all persons making entry of public lands which are 
affected by rights-of-way may have actual notice thereof, a reference to 
such right-of-way should be made upon the original entry papers and upon 
the notice of allowance of the application issued to the entryman.



Sec. 1821.4-2  When notation required.

    The authorized officer will make notations of rights-of-way on entry 
papers, only where his records show that the land involved, or some part 
of it, is covered by an approved application for right-of-way. See: 
Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Doughty (208 
U.S. 251, 52 L. ed. 474). Applicants to enter public lands that are 
affected by a mere pending application for right-of-way, should be 
verbally informed thereof and given all necessary information as to the 
character and extent of the project embraced by the right-of-way 
application; and, further, that they must take the land subject to 
whatever right may have attached thereto under the right-of-way 
application, and at the full area of the subdivisions entered, 
irrespective of the questions of priority or damages, these being 
questions for the courts to determine.



Sec. 1821.5  Entries for lands in more than one land district.



Sec. 1821.5-1  Governing regulations.

    Persons desiring to make and perfect entries of land lying partly 
within one land district and partly within another will be governed by 
Secs. 1821.5, 1823.4(a) and (b).



Sec. 1821.5-2  Applications and fees to be filed in each office.

    Complete applications must be filed in each office, together with 
the usual fee and commissions payable for the land in each land 
district, besides any other payment required by law. Each application 
should contain a proper reference to the other application.



Sec. 1821.5-3  Mining claims.

    In applying for patent to a mining claim embracing land lying partly 
within one land district and partly within another, a full set of papers 
must be filed in each office, except that one abstract of title and one 
proof of patent expenditures will be sufficient. Only one newspaper 
publication and one posting on the claim will be required, but proof 
thereof must be filed in both offices, the statements as to posting plat 
and notice on the claim to be signed within the respective land 
districts, as well, also, as all of the other statements required in 
mineral patent proceedings, except such as, under the law, may be signed 
outside of the land district wherein the land applied for is situated. 
Publication, payment of fees, and the purchase price of the land will be 
further governed by the provisions of Sec. 1823.4(a).

    Cross Reference: For mining claims, see subpart 3821 of this 
chapter.



Sec. 1821.6  Alaska.



Sec. 1821.6-1  Applications not to be rejected because executed more than 10 days prior to filing.

    Section 1821.2-2 directs authorized officers to reject all 
applications to make entry which are executed more than 10 days prior to 
filing. Until such time as the transportation facilities in

[[Page 39]]

Alaska are improved the provisions of said section will not be held 
applicable to applications filed in the proper offices of Alaska.
[35 FR 9514, June 13, 1970. Redesignated at 49 FR 35300, Sept. 6, 1984]



Sec. 1821.6-2  Joint action to acquire public lands.

    (a) Ten or more persons may file in the proper office applications 
in a single group under any one or more of the laws relating to the 
acquisition of lands in Alaska, including the Homestead Laws (30 Stat. 
409; 32 Stat. 1028; 48 U.S.C. 371), Small Tract Laws (52 Stat. 609, 59 
Stat. 467; 43 U.S.C. 682a), Home-Site Law (48 Stat. 809; 48 U.S.C. 461) 
and Town-Site Laws (R.S. 2380-

2389, as amended, 43 U.S.C. 711-722; 26 Stat. 1099; 48 U.S.C. 355). Each 
application must be complete in itself except that information common to 
more than one application in a group need not be duplicated at length 
but may appear in or as an appendix to one such application and be 
adopted by reference made in the other applications.
    (b) Where certain requirements must be met before an application to 
enter or purchase may be filed, a statement of intention to meet such 
requirements, signed by each prospective applicant, must be submitted in 
lieu of an application. Upon compliance with applicable requirements as 
to residence or otherwise, each such person must file an actual 
application as required by law.
    (c) Each group of applications filed hereunder should be accompanied 
by two copies of a diagram showing the plan of development contemplated 
by the applicants. Each such application may describe the land covered 
by it in terms of a lot or tract as set forth in such diagram or the 
preliminary diagram specified in this paragraph. The diagram should 
include specific information as to the relative location and areal 
extent of each tract or site which it is contemplated will be devoted to 
school and other municipal or common purposes, to stores or other 
commercial enterprises, to housing and to agriculture and grazing. 
Assistance in the preparation of a preliminary diagram, which need not 
pertain to a particular tract of land, may be obtained by communicating 
in person or by mail with the U.S. Department of the Interior, 
Washington, DC, 20240. Such preliminary diagram may be used as the basis 
for the diagram to be filed with the group of applications and which 
must relate to specific land.
    (d) Upon the filing of such a diagram by the applicants or their 
authorized representative, a petition or petitions may be filed 
requesting the withdrawal of the lands to be devoted to school and other 
municipal or common purposes.
    (e) If any of the applications involve unsurveyed public lands, such 
applications may also be accompanied by a petition, either joint or 
several, for the withdrawal of the lands in behalf of specified 
applicants, the survey, and, in appropriate cases, the classification 
under the Small Tract Law, of such lands. The filing of such 
applications confers of itself no right upon the applicants. If the 
withdrawal is made, and the land classified, applicants shall have the 
first right to acquire the interests for which they have applied, to the 
extent permitted by statute. Any application, entry or withdrawal made 
pursuant to this section shall be subject to all valid prior claims.
    (f) Persons who propose to file applications in a group under 
paragraph (a) of this section, by a writing to be filed in the proper 
office, may designate a representative or representatives who may, at 
their direction and in their behalf, make the actual filing of the 
applications, previously executed by the applicants and accompanying and 
supporting documents; pay any or all fees and costs in connection 
therewith; and, in complete satisfaction of the requirements of 
Sec. 2511.1(a) of this chapter, personally examine the lands sought to 
be entered and make and file a statement setting forth the information 
otherwise required of each individual applicant by Sec. 2511.1-6(a) of 
this chapter.
    (g) Where ten or more settlers are entitled by statute to request 
and receive a free survey of the lands upon which they have settled, 
they may file a joint petition stating the facts as to compliance with 
law by each of them. Such petition must be corroborated by two

[[Page 40]]

witnesses having knowledge of the facts.
    (h) Where the costs of any survey made under this section are 
required by statute to be borne by one who seeks the survey, the 
necessary deposit for costs must be made. The individual applicant is 
ultimately responsible in such instances for the costs entailed in 
satisfying his request for such a survey, but persons who file joint or 
group petitions for such surveys may share the costs thereof in any 
proportion they may determine.
[35 FR 9514, June 13, 1970. Redesignated at 49 FR 35300, Sept. 6, 1984]



                  Subpart 1822--Payments and Repayments

    Authority:  Sec. 4, 21 Stat. 287, as amended; 43 U.S.C. 263.

    Source:  35 FR 9519, June 13, 1970, unless otherwise noted.



Sec. 1822.0-3  Authority for repayments.

    The repayment of moneys received by the Government and covered into 
the U.S. Treasury, in connection with the disposal or attempted disposal 
of the public lands, is authorized by sections 2362 and 2363, Revised 
Statutes (43 U.S.C. 689, 690). The general laws providing for the return 
of such moneys are contained in the act of June 16, 1880 (21 Stat. 287; 
43 U.S.C. 263) and the Act of June 14, 1960 (43 U.S.C. 1374).



Sec. 1822.1  Payments.



Sec. 1822.1-1  Amount.

    (a) The amount of payments required in connection with the 
processing of any application, sale, entry, lease, permit, or other 
transaction governed by the regulations in this chapter are set forth in 
applicable regulations.
    (b) The amount of payments required for copies and abstracts of 
records, including plats and diagrams showing the status of lands, are 
determined as provided in part 2 of this title.

(R.S. 2478; 43 U.S.C. 1201)



Sec. 1822.1-2  Forms of remittances.

    (a) Subject to the condition set forth in paragraph (b) of this 
section, forms of remittances that will be accepted in payment of fees, 
rentals, purchase price, and other charges required by the regulations 
in this chapter include cash and currency of the United States and 
checks, money orders, and bank drafts made payable to the Bureau of Land 
Management. Checks or drafts are accepted subject to collection and 
final payment without cost to the Government office.
    (b) Personal checks are an acceptable form of remittance except 
where the regulations in this chapter specifically provide otherwise.

(R.S. 2478; 43 U.S.C. 1201)



Sec. 1822.2  Repayments.



Sec. 1822.2-1  Filing of applications.

    Applications for repayment should be filed on a form approved by the 
Director with the authorized officer of the proper office.



Sec. 1822.2-2  Statement of grounds for repayment.

    Where an application is filed, it should be accompanied by a 
statement by the applicant setting forth fully the grounds upon which 
repayment is claimed.



Sec. 1822.3  Act of June 16, 1880.



Sec. 1822.3-1  Statutory provisions.

    (a) Act of June 16, 1880. The Act of June 16, 1880 (21 Stat. 287; 43 
U.S.C. 263) provides for the repayment of fees, commissions, purchase 
money, and excesses paid in connection with entries of the public lands 
canceled for conflict, or where, from any cause, the entry was 
erroneously allowed. This clause directs that said moneys shall be 
repaid to the person who made such entry, or to his heirs or assigns, 
and it requires the surrender of the receipts issued and the execution 
of a proper relinquishment of all claims to the lands acquired under the 
invalid entry.



Sec. 1822.3-2  Applications.

    (a) Claims for repayment should be made on a form approved by the 
Director or the equivalent thereof, which application must contain a 
statement

[[Page 41]]

that the title to the land under the invalid entry has not been sold or 
assigned and that the same has not become a matter of record.
    (b) In cases where the entry has been made a matter of record, in 
the archives of the county recording officer, there should be added to 
the form of application the words ``except as shown by accompanying 
evidence,'' in which event the evidence hereinafter required must be 
furnished.
    (c) A duly executed relinquishment must be furnished by the 
applicant on a form approved by the Director.
    (d) The relinquishment must be witnessed by two persons.



Sec. 1822.3-3  Recording of reconveyance.

    (a) When not required. In all cases where patent has been issued, 
upon an invalid entry, a full reconveyance to the United States of all 
right and title to the land acquired under the patent and entry must be 
furnished, which deed must be recorded. If a certificate of the 
recording officer is produced showing that neither the entry nor the 
patent has been recorded, it is unnecessary to record the reconveyance 
in case the patent is surrendered.
    (b) When required. If, however, the patent cannot be surrendered, or 
should the entry or patent have been recorded, it is necessary that the 
proper party or parties execute a full reconveyance to the United States 
and have the same recorded as indicated in the next following sections.
    (c) When quitclaim deed required. Where title under an invalid entry 
or patent has become a matter of record, a duly executed quitclaim deed, 
relinquishing to the United States all right, title, and claim to the 
land, acquired under the entry, or patent, must accompany the 
application for repayment.
    (d) Recording of quitclaim deed. The deed referred to in the 
preceding section must be duly recorded, and a certificate must also be 
produced from the proper recording officer of the county wherein the 
land is situated, showing that said deed is so recorded and that the 
records of his office do not exhibit any other conveyance or encumbrance 
of the title to the land.
    (e) Conformance to State laws. The reconveyance to the United States 
must conform in every particular to the laws of the State in which the 
land is located relative to transfers of real property.
    (f) Reconveyance unnecessary. If the applicant has also acquired the 
valid title conveyed by the United States, a reconveyance of the land is 
unnecessary, but a relinquishment, waiving all claim under the illegal 
entry, is required, together with corroborative evidence of the facts, 
preferably an abstract of title and a statement in full in support of 
the claim for repayment.



Sec. 1822.3-4  Repayment to heirs, executors, administrators.

    (a) Where application is made by heirs, satisfactory proof of 
heirship is required. This must be the best evidence that can be 
obtained and must show that the parties applying are the heirs and the 
only heirs of the deceased.
    (b) Proof of heirship should be made in the form of a statement, 
corroborated by two witnesses, setting forth the date of the death of 
the intestate; whether the intestate left surviving a husband or wife, 
as the case may be; the full name and age of such husband or wife; the 
names and ages of all children; and also state whether there is any 
issue of a deceased child or children. The statement should set forth 
all the facts, in order that the Bureau of Land Management may determine 
who are the legal heirs, in accordance with the laws of descent and 
distribution of the State where the land is situated.
    (c) In case there are minor heirs not under the guardianship of a 
duly appointed guardian, and the amount to be repaid is $200 or less, 
the surviving parent may execute the application as the natural guardian 
of such heirs. Such application should be supplemented with a statement 
setting forth all the facts in detail.
    (d) Where application is made by executors, a certificate of 
executorship from the probate court must accompany the application.

[[Page 42]]

    (e) Where application is made by administrators, the original, or a 
certified copy, of the letters of administration must be furnished.



Sec. 1822.3-5  Repayment to assignees.

    (a) Those persons are assignees, within the meaning of the statutes 
authorizing the repayment of purchase money, who purchase the land after 
the entries thereof are completed and take assignments of the title 
under such entries prior to complete cancellation thereof, when the 
entries fail of confirmation for reasons contemplated by the law.
    (b) Where applications are made by assignees, the applicants must 
show their right to repayment by furnishing properly authenticated 
abstracts of title, or the original deeds or instruments of assignment, 
or certified copies thereof.
    (c) In the place of an abstract of title the applicant may furnish a 
certificate of the recording officer of the county in which the land is 
situated, showing all alienations or liens affecting title to the land 
in connection with the entry upon which the claim for repayment is 
based.
    (d) The applicants must also show that they have not been 
indemnified by their grantors or assignors for the failure of title, and 
that title has not been perfected in them by their grantors through 
other sources.
    (e) Where there has been a conveyance of the land and the original 
purchaser applies for repayment, he must show that he has indemnified 
his assignee or perfected the title in him through another source, or 
produce a full reconveyance to himself from the last grantee or 
assignee.
    (f) To construe said statutes so as to recognize the assignment or 
transfer of the mere claim against the United States for repayment of 
purchase money, or fees and commissions, disconnected from a sale of the 
land or attempted transfer of title thereto, would be against the 
settled policy of the Government and repugnant to section 3477 of the 
Revised Statutes (31 U.S.C. 203). (2 Lawrence, First Comp. Dec. 264, 
266, and 6 Dec. Comp. of the Treasury, 334, 359.)
    (g) Assignees of land who purchase after entry are, in general, 
deemed entitled to receive the repayment when the lands are found to 
have been erroneously sold by the Government. But this rule does not 
apply to the repayment of double-minimum excesses. (First Comp. Dec. in 
case of Adrian B. Owens, Copp's Public Land Laws, 1890, vol. 2, p. 
1238.)



Sec. 1822.3-6  Repayment to mortgagees.

    (a) Mortgagees are not assignees within the meaning of the repayment 
laws, but may become such by pursuing the course suited to the 
particular case as follows:
    (1) Where, after date of entry and prior to cancellation thereof, 
the land is mortaged and the mortgagee receives a sheriff's deed under 
foreclosure proceedings, the mortgagee becomes an assignee. (See 193 
U.S. 651, 58 L. ed. 830; 28 L.D. 201, 30 L.D. 136.)
    (2) Where a mortgage is executed prior to the cancellation of an 
entry, and a deed made to the mortgagee after such cancellation, the 
holder of such deed becomes the assignee. (See 26 L.D. 425.)
    (b) In either case, complete evidence must be furnished to establish 
the applicant's right to repayment by producing the original deeds or 
instruments, or certified copies thereof showing all transactions, 
together with certified copies of the court proceedings.



                   Subpart 1823--Proofs and Testimony

    Authority:  R.S. 2478, 43 U.S.C. 1201.

    Source:  35 FR 9520, June 13, 1970, unless otherwise noted.



Sec. 1823.1  Time and place; appearances.



Sec. 1823.1-1  Time; place; continuance.

    Final proofs should in every case be made at the time and place 
advertised, and before the officer named in the notice, at his regularly 
established office or place of business, and not elsewhere. Between the 
hours of 8 a.m. and 6 p.m. on the day advertised the officer named in 
the notice should call the case for hearing, and should the claimant 
fail to appear with his witnesses between those hours, or the taking of 
the proof

[[Page 43]]

fail to be completed on that day, the officer should continue the case 
until the next day, and on that day or any succeeding day should the 
claimant or his witnesses fail to so appear he should proceed in like 
manner to continue the case from day to day until the expiration of 10 
days from the date advertised, but proof cannot be taken after the 
expiration of the tenth day. Upon continuing any case in the manner 
indicated the officer continuing the same should in the most effective 
way available give notice of such continuance to all interested parties.



Sec. 1823.1-2  Who may appear.

    Protestants, adverse claimants, or other persons desiring to be 
present at the taking of any proof for the purpose of cross-examining 
the claimant and his witnesses, or to submit testimony in rebuttal, 
should be allowed to appear for that purpose on the day advertised, or 
upon any succeeding day to which the case may be continued. If any 
person appears for the purpose of filing a formal protest against the 
acceptance or approval of the proofs or contest against the entry and 
does nothing more than file same, such protest or contest should be 
received and forwarded to the manager for his consideration and action.



Sec. 1823.2  Procedures.



Sec. 1823.2-1  Examination of claimant and witnesses.

    All final proofs should be reduced to writing by or in the presence 
of and under the supervision of the officer taking them, and in all 
cases where no representative of the Government appears for the purpose 
of making cross-examinations the officer taking the proof should use his 
utmost endeavor and diligence so to examine the entryman and his 
witnesses as to obtain full, specific, and unevasive answers to all 
questions propounded on the blank forms prescribed for the taking of 
such proofs, and in addition to so doing he should make and reduce to 
writing and forward to the authorized officer with the proof such other 
and further rigid cross-examination as may be necessary clearly to 
develop all pertinent and material facts affecting or showing the 
validity of the entry, the entryman's compliance with the law, and the 
credibility of the claimant and his witnesses. And, in addition to this, 
he should inform the authorized officer of any facts not set out in the 
testimony which in his judgment cast suspicion upon the good faith of 
the applicant or the validity of the entry.



Sec. 1823.2-2  Testimony to be taken separate and apart from and not within the hearing of the others.

    The testimony of each claimant should be taken separate and apart 
from and not within the hearing of either of his witnesses, and the 
testimony of each witness should be taken separate and apart from and 
not within the hearing of either the applicant or of any other witness, 
and both the applicant and each of the witnesses should be required to 
state in and as a part of the final proof testimony given by them that 
they have given such testimony without any actual knowledge of any 
statement made in the testimony of either of the others.



Sec. 1823.2-3  Advice concerning laws and penalties for false swearing.

    Officers taking affidavits and testimony should call the attention 
of parties and witnesses to the laws respecting false swearing and the 
penalties therefor and inform them of the purpose of the Government to 
hold all persons to a strict accountability for any statements made by 
them.



Sec. 1823.2-4  Fees; costs.

    (a) Reducing testimony to writing. On all final proofs made before 
the officer of the Bureau of Land Management authorized to take proofs, 
the claimant must pay to the authorized officer the costs of reducing 
the testimony to writing, as determined by the authorized officer. No 
proof shall be accepted or approved until such payment has been made.



Sec. 1823.3  Transmittal of proof papers.

    The officer who has taken a proof should, after duly certifying the 
papers, promptly transmit them to the authorized officer. In no case 
should the transmittal thereof be left to the claimant.

[[Page 44]]



Sec. 1823.4  Proof on entries in more than one district.

    (a) In submitting proof, the two entries should be treated as one, 
and the published notice of intention should describe all the land and 
specify in which land district each part of the claim is located. If the 
notice is published correctly and the proof is satisfactory, the 
authorized officer who issued the notice for publication will issue 
final certificate for the portion within his land district on payment of 
the testimony fees and payment of the commissions and (if required) the 
purchase money due for the land in his district. He will then advise the 
authorized officer of the district wherein the remainder of the claim is 
located, who will, on receipt of the final commissions and purchase 
money (if any) due for the part in his district, issue final certificate 
for that portion without further proof.
    (b) Should a proof be rejected by the office from which the notice 
of intention is issued the appeal or further showing must be filed in 
the office which rejected the proof.



Sec. 1823.5  Conduct of officers.



Sec. 1823.5-1  Prohibited activities.

    No officer authorized to take final proofs shall, directly or 
indirectly, either as agent, attorney, or otherwise, in any manner or by 
any means cause, aid, encourage, induce, or assist any person wrongfully 
or illegally to acquire, or attempt to acquire, any title to, interest 
in, use of, or control over any public lands belonging to the United 
States.



            Subpart 1824--Publication and Posting of Notices

    Authority:  20 Stat. 472; 43 U.S.C. 251.

    Source:  35 FR 9521, June 13, 1970, unless otherwise noted.



Sec. 1824.0-1  Purpose.

    The object of the law requiring publication of notices of intended 
final proof on entries of public lands is to bring to the knowledge and 
attention of all persons who are or who might be interested in the lands 
described therein or who have information concerning the illegality or 
invalidity of the asserted claims thereto, the fact that it is proposed 
to establish and perfect such claims, to the end that they may interpose 
any objection they may have, or communicate information possessed by 
them to the officers of the Bureau of Land Management.



Sec. 1824.1  Selection of newspaper.



Sec. 1824.1-1  Qualifications of newspaper.

    (a) A notice of intended final proof must be published in a 
newspaper of established character and of general circulation in the 
vicinity of the land affected thereby, such paper having a fixed and 
well-known place of publication. No newspaper shall be deemed a 
qualified medium of notice unless it shall have been continuously 
published during an unbroken period of 6 months immediately preceding 
the publication of the notice, nor unless it shall have applied for and 
been granted the privilege of transportation in and by the United States 
mails at the rate provided by law for second-class matter (39 CFR part 
132).



Sec. 1824.1-2  Discretionary authority of authorized officer; limitations.

    (a) The law invests authorized officers with discretion in the 
selection of newspapers to be the media of notice in such cases as are 
here referred to, but that discretion is official in character, and not 
a purely personal and arbitrary power to be exercised without regard for 
the object of the law by which it is conferred.
    (b) In designating papers in which notices of intention to make 
final proof under the Act of March 3, 1879 (20 Stat. 472; 43 U.S.C. 251) 
shall be published, the authorized officer shall designate only such 
reputable papers of general circulation nearest the land applied for, 
the rates of which do not exceed the rates established by State laws for 
the publication of legal notices.



Sec. 1824.2  Payment for republication of notice.

    (a) The law imposes upon managers the duty of procuring the 
publication of proper final-proof notices, and charges the claimant with 
no obligation in that behalf, except that he shall

[[Page 45]]

bear and pay the cost of such publication.
    (b) Neglect of the duty defined in paragraph (a) of this section, 
resulting in a requirement of republication, should not visit its 
penalty upon the claimant. In all such cases, therefore, the entire cost 
of such republication shall be borne by the Government. If an error is 
committed by the printer of the paper in which the notice appears, the 
manager may require such printer to correct his error by publishing the 
notice anew for the necessary length of time at his own expense, and for 
his refusal to do so may decline to designate his said paper as an 
agency of notice in cases thereafter arising.



Sec. 1824.3  Frequency of publication.

    (a) In many cases it is necessary to designate a daily paper in 
which to publish the notices of intention to submit final proof required 
to be given by homestead and desert land entrymen as well as the notices 
of location of other claims.
    (b) The expense of publishing such notices for the prescribed period 
in every issue of a daily paper is often prohibitive, and the object of 
publication of such notices can be accomplished by a less number of 
insertions. Therefore, in all cases where the law does not specifically 
otherwise direct, publication will be made as follows:
    (1) Where publication is required for 30 days, if the authorized 
officer designates a daily paper, the notice should be published in the 
Wednesday issue for five consecutive weeks; if weekly, in five 
consecutive issues, and if semiweekly, or triweekly, in any one of the 
weekly issues for five consecutive weeks.
    (2) Where publication is required for 60 days, except in mining 
cases, if the authorized officer designates a daily paper the notice 
should be published in the Wednesday issues for nine consecutive issues; 
if weekly in nine consecutive issues; if semiweekly or triweekly in any 
one of the weekly issues for nine consecutive weeks.
    (c) Publication of notice in mining cases must be made in accordance 
with Sec. 3862.4-1 of this chapter.



                      Subpart 1825--Relinquishments

    Authority:  R.S. 2478; 43 U.S.C. 1201.



Sec. 1825.1  When relinquished land becomes subject to further appropriation.

    (a) Upon the filing in the proper office of the relinquishment of a 
homestead claim, the land, if otherwise available, will at once become 
subject to further application or other appropriation in accordance with 
the applicable public land laws. A provision to this effect is contained 
in section 1 of the Act of May 14, 1880 (21 Stat. 140; 43 U.S.C. 202).
    (b) Upon the filing of a relinquishment of an entry or claim (other 
than a homestead claim), or a lease, the land will not become subject to 
further application or other appropriation until the entry, claim or 
lease has been canceled pursuant to the relinquishment and the fact of 
the cancellation has been noted on the tract books in the proper office.
[35 FR 9521, June 13, 1970]



Sec. 1825.2  Relinquishment of right-of-way.

    The relinquishment of an approved right-of-way may be conditioned 
upon the approval of a subsequent application, filed as an amendment to 
the approved right-of-way, or as an independent application, but 
conflicting in whole or in part with the approved right-of-way. Such a 
relinquishment will not be accepted and noted on the proper office tract 
books until action on the subsequent application is taken.
[35 FR 9521, June 13, 1970]



             Subpart 1826--Reinstatement of Canceled Entries

    Authority:  R.S. 2478; 43 U.S.C. 1201.



Sec. 1826.1  Application for reinstatement.

    (a) An application for the reinstatement of a canceled entry, while 
pending, operates to reserve the land covered thereby from other 
disposition.
    (b) Applications for reinstatement of canceled entries must be filed 
in the proper office and must be executed

[[Page 46]]

by the entryman, his heirs, legal representatives, assigns, or 
transferees, as the case may require. If made by other than the 
entryman, such petition for reinstatement must fully set forth the 
nature and extent of petitioner's interest in the land, how acquired, 
and the names and addresses of any other person or persons who have or 
claim an interest therein. All petitions for reinstatement should set 
forth all facts and state clearly and concisely upon, what grounds 
reinstatement is urged. Such petition must be signed by the applicant.
    (c) Applications for reinstatement of canceled entries executed by 
agents and attorneys will not be recognized.
    (d) Should an application for reinstatement be filed not conforming 
to the foregoing, the authorized officer will promptly advise the party 
thereof, calling his attention to the defects and allow 15 days in which 
to file a proper application.
    (e) All applications must be accompanined by an application service 
fee of $10 which is not returnable.
[35 FR 9521, June 13, 1970]



PART 1840--APPEALS PROCEDURES--Table of Contents




    Authority:  R.S. 2478, as amended; 43 U.S.C. 1201.



Sec. 1840.1  Cross reference.

    For special procedural rules applicable to appeals from decisions of 
Bureau of Land Management officers or of administrative law judges, 
within the jurisdiction of the Board of Land Appeals, Office of Hearings 
and Appeals, see subpart E of part 4 of this title. Subpart A of part 4 
and all of the general rules in subpart B of part 4 of this title not 
inconsistent with the special rules in subpart E of part 4 of this title 
are also applicable to such appeals procedures.
[36 FR 15119, Aug. 13, 1971]



PART 1850--HEARINGS PROCEDURES--Table of Contents






                Subpart 1850--Hearing Procedures; General

    Authority:  R.S. 2478, as amended; 43 U.S.C. 1201.



Sec. 1850.1  Cross reference.

    For special procedural rules applicable to hearings in public lands 
cases, including hearings under the Federal Range Code for Grazing 
Districts and hearings in both Government and private contest 
proceedings, within the jurisdiction of the Board of Land Appeals, 
Office of Hearings and Appeals, see subpart E of part 4 of this title. 
Subpart A of part 4 and all of the general rules in subpart B of part 4 
of this title not inconsistent with the special rules in subpart E of 
part 4 of this title are also applicable to such hearings, contest, and 
protest procedures.
[36 FR 15119, Aug. 13, 1971]



PART 1860--CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS--Table of Contents




              Subpart 1862--Patent Preparation and Issuance

Sec.
1862.0-3  Authority.
1862.1  Contents.
1862.2  Delivery.
1862.3  Issuance of supplemental noncoal patents.
1862.4  Patent to be withheld pending report from Forest Service.
1862.5  Suits to vacate and annul patents.
1862.6  Patent to issue after 2 years from date of manager's final 
          receipt.

                  Subpart 1863--Other Title Conveyances

1863.5  Title transfer to the Government.
1863.5-1  Evidence of title.

        Subpart 1864--Recordable Disclaimers of Interest in Land

1864.0-1  Purpose.
1864.0-2  Objectives.

[[Page 47]]

1864.0-3  Authority.
1864.0-5  Definitions.
1864.1  Application for issuance of a document of disclaimer.
1864.1-1  Filing of application.
1864.1-2  Form of application.
1864.1-3  Action on application.
1864.1-4  Consultation with other Federal agencies.
1864.2  Decision on application.
1864.3  Issuance of document of disclaimer.
1864.4  Appeals.

           Subpart 1865--Correction of Conveyancing Documents

1865.0-1  Purpose.
1865.0-2  Objective.
1865.0-3  Authority.
1865.0-5  Definitions.
1865.1  Application for correction of conveyancing documents.
1865.1-1  Filing of application.
1865.1-2  Form of application.
1865.1-3  Action on application.
1865.2  Issuance of corrected patent or document of conveyance.
1865.3  Issuance of patent or document of conveyance on motion of 
          authorized officer.
1865.4  Appeals.



              Subpart 1862--Patent Preparation and Issuance

    Authority:  R.S. 2450, as amended; 43 U.S.C. 1161.

    Source:  35 FR 9532, June 13, 1970, unless otherwise noted.



Sec. 1862.0-3  Authority.

    (a) Patents for all grants of land shall be issued under the 
authority of the Director and signed in the name of the United States 
(Act of June 17, 1948, 62 Stat. 476; 43 U.S.C. 15). The patents shall be 
recorded in the Bureau of Land Management in books kept for that 
purpose.
    (b) Where a conveyance of land is made to the United States in 
connection with an application for amendment of a patented entry or 
entries, for an exchange of lands or for any other purpose except 
exchange transactions involving lands under the jurisdiction of the 
Secretary of Agriculture, and the application in connection with which 
the conveyance was made is thereafter withdrawn or rejected, the 
Director, Bureau of Land Management is authorized and directed by 
section 6 of the Act of April 28, 1930 (46 Stat. 257; 43 U.S.C. 872), if 
the deed of conveyance has been recorded, to execute a quit-claim deed 
of the conveyed land to the party or parties entitled thereto.



Sec. 1862.1  Contents.

    (a) Patents for lands entered or located under general laws can be 
issued only in the name of the party making the entry or location, or, 
in case of his death before making proof, to the statutory successor 
making the proof, provided by law.
    (b) The recitals and description of land in patents will in all 
cases follow the manager's certificate of entry or location, as 
prescribed by law.
    (c) The Bureau of Land Management will cause a new patent to be 
issued whenever it appears that a patent was regularly issued and the 
patent record on file in the Bureau of Land Management is imperfect in 
that it does not contain the name, or the initials, of the signing and 
the countersigning officers.



Sec. 1862.2  Delivery.

    (a) Issued on or after August 1, 1950. When a patent issued on or 
after August 1, 1950, is ready for delivery it will be transmitted to 
the patentee or his or her recognized agent or successor in interest.



Sec. 1862.3  Issuance of supplemental noncoal patents.

    (a) The Act of Congress approved April 14, 1914 (38 Stat. 335; 30 
U.S.C. 82), authorized and directed the Secretary of the Interior:

    In cases where patents for public lands have been issued to entrymen 
under the provisions of the acts of Congress approved March third, 
nineteen hundred and nine, and June twenty-second, nineteen hundred and 
ten, reserving to the United States all coal deposits therein, and lands 
so patented are subsequently classified as noncoal in character, to 
issue new or supplemental patents without such reservation.

    (b) The Act is construed to affect all filings, locations, 
selections, or entries upon which patent or its equivalent had issued, 
or might thereafter issue, containing a reservation of the coal in the 
land to the United States under the Act of March 3, 1909 (35 Stat. 844; 
30

[[Page 48]]

U.S.C. 81), or the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C. 83-85), 
such land having subsequently been finally classified as non-coal 
character.



Sec. 1862.4  Patent to be withheld pending report from Forest Service.

    In no claim, mineral or non-mineral, shall patent issue for land 
within a national forest until the Bureau of Land Management is notified 
by, or ascertains from, the Forest Service, that the claim will not be 
contested. A claim may be contested by the Forest Service at any time 
prior to the issuance of patent.



Sec. 1862.5  Suits to vacate and annul patents.

    (a) Suits to vacate and annul patents shall only be brought within 6 
years after the date of the issue of such patents (26 Stat. 1093; 43 
U.S.C. 1166).

    In cases of fraud, the statute has been construed not to commence to 
run ``until discovery of the fraud.'' Exploration Co., Limited, et al. 
v. United States (247 U.S. 435, 62 L. ed. 1200).



Sec. 1862.6  Patent to issue after 2 years from date of manager's final receipt.

    (a) The decision of the Supreme Court of the United States in Thomas 
J. Stockley et al., appellants, v. the United States, decided January 2, 
1923 (260 U.S. 532, 67 L. ed. 390) holds that after the lapse of 2 years 
from the date of the issuance of the ``receiver's receipt'' 1 
upon the final entry of any tract of land under the homestead, or 
desert-land laws, such entry, entitled to patent under the proviso to 
section 7 of the Act of March 3, 1891 (26 Stat. 1098; 43 U.S.C. 1165), 
regardless of whether or not the manager's final certificate has issued.
---------------------------------------------------------------------------

    1 The receipts formerly issued by the receivers are now 
issued by the managers.
---------------------------------------------------------------------------

    (b) The Supreme Court of the United States in Payne v. U.S. ex rel. 
Newton (255 U.S. 438, 65 L. ed. 720), decided that Newton was entitled 
to a patent on his homestead entry under the proviso to section 7 of the 
Act of March 3, 1891, 2 years having elapsed from the date of the 
issuance of the receiver's final receipt upon final entry, and there 
being no contest or protest pending against the validity of the entry, 
but stated that the purpose of the statute was:

    To require that the right to a patent which for 2 years has been 
evidenced by a receiver's receipt, and at the end of that period stands 
unchallenged, shall be recognized and given effect by the issue of the 
patent without further waiting or delay, and thus to transfer from the 
land officers to the regular judicial tribunals the authority to deal 
with any subsequent controversy over the validity of the entry, as would 
be the case if the patent were issued in the absence of the statute.


    Cross References:  For mineral reservations, see subpart 2093 of 
this chapter; for rights-of-way for roadways, see part 2800 of this 
chapter.



                  Subpart 1863--Other Title Conveyances

    Authority:  R.S. 2478; 43 U.S.C. 1201.



Sec. 1863.5  Title transfer to the Government.



Sec. 1863.5-1  Evidence of title.

    Evidence of title, when required by the regulations, must be 
submitted in such form and by such abstracter or company as may be 
satisfactory to the Bureau of Land Management. A policy of title 
insurance, or a certificate of title, may be accepted in lieu of an 
abstract, in proper cases, when issued by a title company. A policy of 
title insurance when furnished must be free from conditions and 
stipulations not acceptable to the Department of the Interior. A 
certificate of title will be accepted only where the certificate is made 
to the Government, or expressly for its benefit and where the interests 
of the Government will be sufficiently protected thereby.
[35 FR 9533, June 13, 1970]

    Cross Reference: For evidence of title in mining cases, see 
Sec. 3862.1-3 of this chapter.



        Subpart 1864--Recordable Disclaimers of Interest in Land

    Source:  49 FR 35297, Sept. 6, 1984, unless otherwise noted.

[[Page 49]]



Sec. 1864.0-1  Purpose.

    The Secretary of the Interior has been granted discretionary 
authority by section 315 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1745) to issue recordable disclaimers of interests in 
lands. In general, a disclaimer may be issued if the disclaimer will 
help remove a cloud on the title to lands and there is a determination 
that such lands are not lands of the United States or that the United 
States does not hold a valid interest in the lands. These regulations 
implement this statutory authority of the Secretary.



Sec. 1864.0-2  Objectives.

    (a) The objective of the disclaimer is to eliminate the necessity 
for court action or private legislation in those instances where the 
United States asserts no ownership or record interest, based upon a 
determination by the Secretary of the Interior that there is a cloud on 
the title to the lands, attributable to the United States, and that:
    (1) A record interest of the United States in lands has terminated 
by operation of law or is otherwise invalid; or
    (2) The lands lying between the meander line shown on a plat of 
survey approved by the Bureau of Land Management or its predecessors and 
the actual shoreline of a body of water are not lands of the United 
States; or
    (3) Accreted, relicted, or avulsed lands are not lands of the United 
States.
    (b) A disclaimer has the same effect as a quitclaim deed in that it 
operates to estop the United States from asserting a claim to an 
interest in or the ownership of lands that are being disclaimed. 
However, a disclaimer does not grant, convey, transfer, remise, 
quitclaim, release or renounce any title or interest in lands, nor does 
it operate to release or discharge any tax, judgement or other lien, or 
any other mortgage, deed or trust or other security interest in lands 
that are held by or for the benefit of the United States or any 
instrumentality of the United States.
    (c) The regulations in this subpart do not apply to any disclaimer, 
release, quitclaim or other similar instrument or declaration, that may 
be issued pursuant to any provision of law other than section 315 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745).



Sec. 1864.0-3  Authority.

    Section 315 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1745), authorizes the Secretary of the Interior to issue a 
recordable disclaimer, where the disclaimer will help remove a cloud on 
the title of such lands, if certain determinations are made and 
conditions are met.



Sec. 1864.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (b) Accreted lands have the meaning imparted to them by applicable 
law. In general, they are lands that have been gradually and 
imperceptibly formed along the banks of a body of water by deposition of 
water-borne soil.
    (c) Avulsed lands have the meaning imparted to them by applicable 
law. In general, they are lands that have been uncovered by a relatively 
sudden change in alignment of the channel of a river, or by a comparable 
change in some other body of water, or that remain as uplands following 
such a change, or that are located in the bed of the new channel.
    (d) Actual shoreline means the line which is washed by the water 
wherever it covers the bed of a body of water at its mean high water 
level.
    (e) Lands means lands and interests in lands now or formerly forming 
a part of the reserved or unreserved public lands of the contiguous 48 
States and Alaska and as to any coastal State, includes submerged lands 
inside of the seaward boundary of the State.
    (f) Meander line means a survey line established for the purpose of 
representing the location of the actual shoreline of a permanent natural 
body of water, without showing all the details of its windings and 
irregularities. A meander line rarely runs straight for any substantial 
distance. It is established not as a boundary line but in order to 
permit calculation of the

[[Page 50]]

 quantity of lands in the fractional sections remaining after 
segregation of the water area.
    (g) Relicted lands have the meaning imparted that term by applicable 
law. In general, they are lands gradually uncovered when water recedes 
permanently.



Sec. 1864.1  Application for issuance of a document of disclaimer.



Sec. 1864.1-1  Filing of application.

    (a) Any present owner of record may file an application to have a 
disclaimer of interest issued if there is reason to believe that a cloud 
exists on the title to the lands as a result of a claim or potential 
claim by the United States and that such lands are not subject to any 
valid claim of the United States.
    (b) Prior to the acceptance for filing of an application under this 
subpart, the authorized officer should discuss the proposal with the 
proposed applicant to determine if the regulations in this subpart 
apply.
    (c) An application shall be filed in writing with the proper Bureau 
of Land Management office as listed in Sec. 1821.2-1(d) of this title.



Sec. 1864.1-2  Form of application.

    (a) No specific form of application is required.
    (b) A nonrefundable fee of $100 shall accompany the application.
    (c) Each application shall include:
    (1) A legal description of the lands for which a disclaimer is 
sought. The legal description shall be based on either an official 
United States public land survey or, in the absence of or 
inappropriateness (irregularly shaped tracts) of an offical public land 
survey, a metes and bounds survey (whenever practicable, tied to the 
nearest corner of an official public land survey), duly certified in 
accordance with State law, by the licensed civil engineer or surveyor 
who executed or supervised the execution of the metes and bounds survey. 
A true copy of the field notes and plat of survey shall be attached to 
and made a part of the application. If reliance is placed in whole or in 
part on an official United States public land survey, such survey shall 
be adequately identified for record retrieval purposes;
    (2) The applicant's name, mailing address, and telephone number and 
the names addresses and telephone numbers of others known or believed to 
have or claim an interest in the lands;
    (3) All documents which show to the satisfaction of the authorized 
officer the applicant's title to the lands;
    (4) As complete a statement as possible concerning:
    (i) The nature and extent of the cloud on the title, and
    (ii) The reasons the applicant believes:
    (A) The record title interest of the United States in the lands 
included in the application has terminated by operation of law or is 
otherwise invalid, including a copy or legal citation of relevant 
provisions of law; or
    (B) The lands between the meander line shown on the plat of survey 
approved by the Bureau of Land Management or its predecessors and the 
actual shoreline of a body of water are not lands of the United States, 
including as documentation an official plat of survey or a reference to 
a date of filing or approval and, if the applicant elects, any non-
Federal survey plats related to the issue; or
    (C) The lands are accreted, relicted or avulsed and are no longer 
lands of the United States, including submission for the uplands portion 
of the body of water affected a copy of an official plat of survey or a 
reference to it by date of filing or approval and, if the applicant 
elects, any non-Federal survey plats related to the issue;
    (5) Any available documents or title evidence, such as historical 
and current maps, photographs, and water movement data, that support the 
application;
    (6) The name, mailing address, and telephone number of any known 
adverse claimant or occupant of the lands included in the application;
    (7) Any request the applicant may have that the disclaimer be issued 
in a particular form suitable for use in the jurisdiction in which it 
will be recorded; and
    (d) Based on prior discussions with the applicant, the authorized 
officer may waive any or all of the aforementioned items if in his/her 
opinion they

[[Page 51]]

are not needed to properly adjudicate that application.



Sec. 1864.1-3  Action on application.

    (a) An application shall be denied by the authorized officer if:
    (1) More than 12 years have elapsed since the owner knew or should 
have known of the alleged claim attributed to the United States;
    (2) The application pertains to a security interest or water rights; 
or
    (3) The application pertains to trust or restricted Indian lands;
    (b) The authorized officer shall, if the application meets the 
requirements for further processing, determine the amount of deposit 
needed to cover the administrative costs of processing the application 
and issuing a disclaimer.
    (c) The applicant shall submit a deposit in an amount determined by 
authorized officer.
    (d) If the application is concerned with what may be omitted lands, 
it shall be processed in accordance with the applicable provisions of 
part 9180 of this title. If the application is determined by the 
authorized officer to involve omitted lands, the applicant shall be so 
notified in writing.



Sec. 1864.1-4  Consultation with other Federal agencies.

    If the lands included in the application are under the 
administrative jurisdiction of a Federal agency other than the 
Department of the Interior or if the issuance of a disclaimer for the 
lands would, to the Bureau of Land Management's knowledge, directly 
affect another Federal agency, the authorized officer shall refer the 
application to that Federal agency for comment.



Sec. 1864.2  Decision on application.

    (a) The authorized officer shall notify the applicant and any party 
adverse to the application, in writing, on the determination of the 
authorized officer on whether or not to issue a disclaimer. Prior to 
such notification, the authorized officer shall issue to the applicant a 
billing that includes a full and complete statement of the cost incurred 
in reaching such determination, including any sum due the United States 
or that may be unexpended from the deposit made by the applicant. If the 
administrative costs exceed the amount of the deposit required of the 
applicant under this subpart, the applicant shall be informed that a 
payment is required for the difference between the actual costs and the 
deposit. The notification shall also require that payment be made within 
120 days from the date of mailing of the notice. If the deposit exceeds 
the administrative costs of issuing the disclaimer, the applicant shall 
be informed that a credit for or a refund of the excess will be made. 
Failure to pay the required amount within the allotted time shall 
constitute grounds for rejection of the application. Before the 
authorized officer makes a determination to issue a disclaimer, he/she 
shall publish notice of the application, including the grounds 
supporting it, in the Federal Register. Publication in the Federal 
Register shall be made at least 90 days preceding the issuance of a 
decision on the disclaimer. Notice shall be published in a newspaper 
located in the vicinity of the lands covered by the application once a 
week for 3 consecutive weeks during the 90-day period set out herein. 
Neither publication shall be made until the applicant has paid the 
administrative costs.



Sec. 1864.3  Issuance of document of disclaimer.

    Upon receipt of the payment required by Secs. 1864.1-2(b), 1864.1-
3(c) and 1864.2 of this title and following, by not less than 90 days, 
the publication required by Sec. 1864.2 of this title, the authorized 
officer shall make a decision upon the application, and if the 
application is allowed, shall issued to the applicant an instrument of 
disclaimer.



Sec. 1864.4  Appeals.

    An applicant or claimant adversely affected by a written decision of 
the authorized officer made pursuant to the provisions of this subpart 
shall have a right of appeal pursuant to 43 CFR part 4.



           Subpart 1865--Correction of Conveyancing Documents

    Source:  49 FR 35299, Sept. 6, 1984, unless otherwise noted.

[[Page 52]]



Sec. 1865.0-1  Purpose.

    The purpose of these regulations is to implement section 316 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746), which 
affords to the Secretary of the Interior discretionary authority to 
correct errors in patents and other documents of conveyance pertaining 
to the disposal of the public lands of the United States under laws 
administered through the Bureau of Land Management or its predecessors.



Sec. 1865.0-2  Objective.

    The objective of a correction document is to eliminate from the 
chain of title errors in patents or other documents of conveyance that 
have been issued by the United States under laws administered by the 
Bureau of Land Management or its predecessors and that pertain to the 
disposal of the public lands or of an interest therein.



Sec. 1865.0-3  Authority.

    Section 316 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1746) authorizes the Secretary of the Interior to correct 
patents and other documents of conveyance issued at any time pursuant to 
the laws relating to the disposal of the public lands where the 
Secretary of the Interior deems it necessary or appropriate to do so in 
order to eliminate errors.



Sec. 1865.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this subpart.
    (b) Error means the inclusion of erroneous descriptions, terms, 
conditions, covenants, reservations, provisions and names or the 
omission of requisite descriptions, terms, conditions, covenants, 
reservations, provisions and names either in their entirety or in part, 
in a patent or document of conveyance as a result of factual error. This 
term is limited to mistakes of fact and not of law.
    (c) Patents or other documents of conveyance means a land patent, a 
deed or some other similar instrument in the chain of title to realty 
that has been issued by the United States under laws administered by the 
Bureau of Land Management or its predecessors pertaining to the disposal 
of the public lands of the United States or of an interest therein. It 
also includes interim conveyances issued under the Alaska Native Claims 
Settlement Act, as amended (43 U.S.C. 1601 et seq.), and approvals and 
tentative approvals issued under the Act of July 7, 1958, as amended (72 
Stat. 339).
    (d) Lands mean lands or interest in lands.



Sec. 1865.1  Application for correction of conveyancing documents.



Sec. 1865.1-1  Filing of application.

    (a) Any claimant asserting ownership of lands described in and based 
upon a patent or other document of conveyance containing an alleged 
error may file an application to correct the alleged error.
    (b) An application shall be filed in writing with the proper Bureau 
of Land Management office as listed in Sec. 1821.2-1(d) of this title.



Sec. 1865.1-2  Form of application.

    (a) No specific form of application is required.
    (b) A non-refundable fee of $100 shall accompany the application.
    (c) Each application shall include:
    (1) The name, mailing address, and telephone number of the applicant 
and any others known to the applicant that hold or purport to hold any 
title or other interest in, lien on or claim to the lands described in 
the patent or other document of conveyance containing the alleged error 
as to which the corrective action is requested, and if the error 
involves a misdescription, the land that would be affected by the 
corrective action requested;
    (2) All documents which show the applicant's title to the lands 
included in the application;
    (3) A certified copy of any patent or other document conveying any 
lands included in the application to the applicant or predecessor(s) in 
interest; and
    (4) As complete a statement as possible concerning:

[[Page 53]]

    (i) The nature and extent of the error;
    (ii) The manner in which the error can be corrected or eliminated; 
and
    (iii) The form in which it is recommended the corrected patent or 
document of conveyance be issued.



Sec. 1865.1-3  Action on application.

    The authorized officer, upon review of the factual data and 
information submitted with the application, and upon a finding that an 
error was made in the patent or document of conveyance and that the 
requested relief is warranted and appropriate, shall give written 
notification to the applicant and make a reasonable effort to give 
written notification to any others known to have or believed to have or 
claim an interest in the lands that a corrected patent or document of 
conveyance shall be issued. The notification shall include a description 
of how the error is to be corrected or eliminated in the patent or 
document of conveyance. The notice shall require the applicant to 
surrender the original patent or other document of conveyance to be 
corrected. Where such original document is unavailable, a statement 
setting forth the reasons for its unavailability shall be submitted in 
lieu of the original document. The notice may include a requirement for 
quitclaiming to the United States the lands erroneously included, and 
shall specify any terms and conditions required for the quitclaim.



Sec. 1865.2  Issuance of corrected patent or document of conveyance.

    Upon the authorized officer's determination that all of the 
requirements of the Act for issuance of a corrected patent or document 
of conveyance have been met, the authorized officer shall issue a 
corrected patent or document of conveyance.



Sec. 1865.3  Issuance of patent or document of conveyance on motion of authorized officer.

    The authorized officer may initiate and make corrections in patents 
or other documents of conveyance on his/her own motion, if all existing 
owners agree.



Sec. 1865.4  Appeals.

    An applicant or claimant adversely affected by a decision of the 
authorized officer made pursuant to the provisions of this subpart shall 
have a right of appeal pursuant to 43 CFR part 4.



PART 1870--ADJUDICATION PRINCIPLES AND PROCEDURES--Table of Contents




                        Subpart 1871--Principles

Sec.
1871.0-3  Authority.
1871.1  Equitable adjudication.
1871.1-1  Cases subject to equitable adjudication.

    Authority:  R.S. 2450; 43 U.S.C. 1161.

    Source:  35 FR 9533, June 13, 1970, unless otherwise noted.



                        Subpart 1871--Principles



Sec. 1871.0-3  Authority.

    The Act of September 20, 1922 (42 Stat. 857; 43 U.S.C. 1161-1163), 
as modified by section 403 of Reorganization Plan No. 3 of 1946 (60 
Stat. 1100), reads as follows:

    Sec. 1161. The Secretary of the Interior, or such officer as he may 
designate, is authorized to decide upon principles of equity and 
justice, as recognized in courts of equity, and in accordance with 
regulations to be approved by the Secretary of the Interior, 
consistently with such principles, all cases of suspended entries of 
public lands and of suspended preemption land claims, and to adjudge in 
what cases patents shall issue upon the same.
    Sec. 1162. Every such adjudication shall be approved by the 
Secretary of the Interior and shall operate only to divest the United 
States of the title to the land embraced thereby, without prejudice to 
the rights of conflicting claimants.
    Sec. 1163. Where patents have been already issued on entries which 
are approved by the Secretary of the Interior, the Secretary of the 
Interior, or such officer as he may designate, upon the canceling of the 
outstanding patent, is authorized to issue a new patent, on such 
approval, to the person who made the entry, his heirs or assigns.

[[Page 54]]



Sec. 1871.1  Equitable adjudication.



Sec. 1871.1-1  Cases subject to equitable adjudication.

    The cases subject to equitable adjudication by the Director, Bureau 
of Land Management, cover the following:
    (a) Substantial compliance: All classes of entries in connection 
with which the law has been substantially complied with and legal notice 
given, but the necessary citizenship status not acquired, sufficient 
proof not submitted, or full compliance with law not effected within the 
period authorized by law, or where the final proof testimony, or 
affidavits of the entryman or claimant were executed before an officer 
duly authorized to administer oaths but outside the county or land 
district, in which the land is situated, and special cases deemed proper 
by the Director, Bureau of Land Management, where the error or 
informality is satisfactorily explained as being the result of 
ignorance, mistake, or some obstacle over which the party had no 
control, or any other sufficient reason not indicating bad faith there 
being no lawful adverse claim.



PART 1880--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS--Table of Contents




                 Subpart 1881--Payments in Lieu of Taxes

Sec.
1881.0-1  Purpose.
1881.0-3  Authority.
1881.0-5  Definitions.
1881.1  Procedures.
1881.1-1  Procedures, general.
1881.1-2  Procedures, Section 1 payments.
1881.1-3  Procedures, Section 3 payments.
1881.1-4  Procedures, absence of information.
1881.1-5  Requirement to report enactment of State distribution 
          legislation.
1881.2  Use of payments.
1881.3  Protests.
1881.4  Appeals.

          Subpart 1882--Mineral Development Impact Relief Loans

1882.0-1  Purpose.
1882.0-2  Objective.
1882.0-3  Authority.
1882.0-5  Definitions.
1882.1  Loan fund, general.
1882.2  Qualifications.
1882.3  Application procedures.
1882.4  Allocation of funds.
1882.5  Terms and conditions.
1882.5-1  Tenure of loan.
1882.5-2  Interest rate.
1882.5-3  Limitation on amount of loans.
1882.5-4  Loan repayment.
1882.5-5  Security for a loan.
1882.5-6  Use of loan.
1882.5-7  Nondiscrimination.
1882.5-8  Additional terms and conditions.
1882.6  Loan renegotiation.
1882.7  Inspection and audit.



                 Subpart 1881--Payments in Lieu of Taxes

    Authority:  Pub. L. 94-565, 90 Stat. 2662, 31 U.S.C. 1601-1607.

    Source:  42 FR 51580, Sept. 29, 1977, unless otherwise noted.



Sec. 1881.0-1  Purpose.

    The regulations establish procedures for making payments in lieu of 
taxes to units of local government for certain Federal lands within 
their boundaries.



Sec. 1881.0-3  Authority.

    The authority for these regulations is the Act of October 20, 1976, 
31 U.S.C. 6901-6907, hereinafter referred to as the Act.
[42 FR 51580, Sept. 29, 1977, as amended at 50 FR 1305, Jan. 10, 1985]



Sec. 1881.0-5  Definitions.

    (a) A government, as that term is used by the Bureau of the Census 
for general statistical purposes, is an organized entity having 
substantial autonomy and whose officers are either popularly elected or 
appointed by publicly elected officials. Other indicia of governmental 
character include (1) a high degree of responsibility to the public for 
performance of duties of a governmental nature, (2) power to levy taxes, 
and (3) power to issue debt paying interest exempt from Federal 
taxation.
    (b)(1) Unit of general local government means a unit of that type of 
government which, within its state, is the principal provider of 
governmental services affecting the use of entitlement lands. Those 
services of government include (but are not limited to) maintenance of 
land records, police protection, fire protection, taxation, land use 
planning, search and rescue and road construction. Ordinarily,

[[Page 55]]

 a unit of general government will be a county. However, where a smaller 
unit of government is the principal provider of governmental services 
affecting the use of public lands within a state, the smaller unit, even 
though within a larger unit of government, will be considered a general 
unit of government and will receive payments under the Act. These units 
of general government will ordinarily be towns or townships within 
states where county governments are nonexistent or nearly nonexistent. 
The term unit of general government also includes:
    (i) Governments with the functions of a unit of general local 
government in that state combined with another type of government such 
as city, township, parish, borough or county, e.g., a city and county as 
in the City and County of Denver.
    (ii) Cities located outside of any of the units of general local 
government for that state and administering functions commonly performed 
by those units of general local government.
    (iii) Alaskan boroughs in existence on October 20, 1976, and, 
beginning October 1, 1978, for purposes of payment under section 3 of 
the Act, a unit of local government in Alaska located outside of 
boundaries of an organized borough which acts as the collecting and 
distributing agency for real property taxes.
    (iv) The Governments of the District of Columbia, Puerto Rico, Guam 
and the Virgin Islands.
    (2) The term unit of general local government excludes single 
purpose or special purpose units of local government such as school 
districts or water districts.
    (c) (1) Entitlement lands are lands owned by the United States which 
are:
    (i) Within the National Park System including wilderness areas;
    (ii) Within the National Forest System including wilderness areas 
and also including those areas of Superior National Forest, Minnesota, 
set forth in 16 U.S.C. 577d and 577d-1 (1970);
    (iii) Administered by the Secretary of the Interior through the 
Bureau of Land Management;
    (iv) Water resource projects administered by the Bureau of 
Reclamation or Corps of Engineers;
    (v) Dredge disposal areas administered by the Corps of Engineers;
    (vi) Beginning October 1, 1978, lands on which are located 
semiactive or inactive installations, not including industrial 
installations, retained by the Army for mobilization purposes and for 
support of reserve component training;
    (vii) Beginning October 1, 1978, lands designated as reserve areas, 
which means any area of land withdrawn from the public domain and 
administered, either solely or primarily, by the Secretary through the 
Fish and Wildlife Service. For the purpose of these regulations, reserve 
areas also include lands in Hawaii, the Commonwealth of Puerto Rico, 
Guam, and the Virgin Islands, which were initially administered by the 
United States through an act of Congress, Executive Order, Public Land 
Order or Proclamation of the President and administered, either solely 
or primarily, by the Secretary through the Service; or
    (viii) Lands located in the vicinity of Purgatory River Canyon and 
Pinon Canyon, Colorado, that were acquired by the United States after 
December 23, 1981, to expand the Fort Carson military installation.
    (2) Entitlement lands do not include:
    (i) Lands that were owned or administered by a State or unit of 
local government and which, at the time title was conveyed to the United 
States, were exempt from payment of real estate taxes. However, 
beginning October 1, 1978, this exclusion shall not apply to any 
entitlement land which is or was acquired by a State or unit of local 
government from private parties for the purpose of donation of such land 
to the Federal Government and which is or was donated within eight years 
of the date of acquisition thereof by the State or unit of local 
government.
    (ii) Any land for which any money was paid to a unit of local 
government pursuant to the Act of August 28, 1937 (50 Stat. 875) or the 
Act of May 24, 1939 (53 Stat. 753) in that fiscal year.
    (d) Money transfers means money or cash payments received by units 
of local government under the statutes in section 4 of the Act, 31 
U.S.C. 1604. The term does not include payments made to a State and 
distributed by the State directly to a school district or other

[[Page 56]]

single or special purpose governmental entities, or payments distributed 
by the State to the unit of local government which the unit of local 
government is required by State law to pass on to a school district or 
other independent single or special purpose governmental entity.
    (e) Authorized officer means that official within the Bureau of Land 
Management delegated the authority to carry out the provisions of the 
Act.

(31 U.S.C. 1601-1607; 92 Stat. 1319, 1321-1322; 92 Stat. 171)
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980; 
48 FR 42817, Sept. 20, 1983; 50 FR 1305, Jan. 10, 1985]



Sec. 1881.1  Procedures.



Sec. 1881.1-1  Procedures, general.

    (a) The minimum payment shall be $100 to any one unit of local 
government under both sections 1 and 3 of the Act, in aggregate.
    (b) If money actually appropriated by Congress for distribution 
during any fiscal year is insufficient to provide full payment to each 
unit of local government, all payments due to eligible recipients in 
that fiscal year shall be reduced proportionally, to the extent 
determined necessary by the authorized officer.



Sec. 1881.1-2  Procedures, Section 1 payments.

    (a) The authorized officer shall determine which governments are 
units of general local government eligible to receive payments under 
section 1 of the Act in accordance with section 6(c) of the Act and the 
definitions in Sec. 1881.0-5 of these regulations. In resolving 
questions about the eligibility of any unit of general local government 
and the status of entitlement lands, the authorized officer may consult 
with the Bureau of the Census, officials of the appropriate State and 
local government, and officials of the agency administering the 
entitlement lands.
    (b) In order to determine which units of local government are 
entitled to receive payments under the act, the authorized officer shall 
obtain the data necessary for making computations pursuant to the 
formula in section 2 of the Act as follows:
    (1) The amount of entitlement lands within the boundaries of each 
unit of local government as of the last day of the fiscal year preceding 
the fiscal year for which the payment is to be made and the amount of 
payments made directly to those governments pursuant to the laws listed 
in section 4 of the Act shall be obtained from the administering Federal 
agencies;
    (2) The amount of money transfers made by the State to eligible 
units of local government pursuant to the laws listed in section 4 of 
the Act shall be obtained from the Governor or his designated officials;
    (3) The population of each unit of local government shall be 
obtained from current Bureau of the Census statistics.
    (c) The authorized officer shall compute and certify the amount of 
payment to be made each unit of local government based on (1) the 
formula and limitations set forth in section 2 of the Act and (2) the 
amount of actual appropriations.
    (d) No computation will be certified by the authorized officer for 
payment until the Governor of the State in which the unit of local 
government is located or his delegate has provided the authorized 
officer with:
    (1) A statement of the amount of all money transfers received during 
the previous fiscal year 1 by each entitled unit of local 
government from the State from revenues derived under those laws listed 
in section 4 of the Act; and
---------------------------------------------------------------------------

    1 For fiscal year 1977, the transition quarter, July 1, 
1976 to September 30, 1976, shall be excluded.
---------------------------------------------------------------------------

    (2) A written certification by a State Auditor, an independent 
Certified Public Accountant or an independent public accountant, 
licensed on or before December 31, 1970, that the statements furnished 
by the Governor or his delegate have been audited in accordance with 
auditing standards established by the Comptroller General of the United 
States in Standards for Audit of Governmental Organizations, Programs, 
Activities and Functions, available through Superintendent of Documents, 
U.S. Government Printing Office, Washington, D.C. 20402, and in 
accordance with

[[Page 57]]

the audit guide for payments in lieu of taxes issued by the Department 
of the Interior. Such audit certifications will be required for 
statements submitted for the computation of payments authorized by 
section 1 of the Act for:
    (i) Payments to be made for fiscal years beginning on or after 
October 1, 1979; and
    (ii) Prior fiscal year payments as may be required by the Office of 
the Inspector General, Department of the Interior.

The Authorized Officer may waive the requirement for audit 
certifications where information contained in statements furnished by 
the Governor or his delegate is verified by the General Accounting 
Office, the Office of the Inspector General, or other qualified Federal 
Officials, or where such verification is determined to be unnecessary.
    (e) The Office of the Inspector General, U.S. Department of the 
Interior, will provide appropriate assistance to the Director, Bureau of 
Land Management to facilitate the implementation and administration of 
the audit requirements specified in paragraph (d)(2) of this section 
pursuant to the provisions of sections 4 and 6 of the Inspector General 
Act of 1978 (92 Stat. 1102-1103, and 1104-1105). The Office of the 
Inspector General will develop appropriate audit guides to be used by 
State auditors, independent Certified Public Accountants or an 
independent public accountant, licensed on or before December 31, 1970, 
for auditing the statements of the Governors or their delegates and 
submitting audit certifications specified in paragraph (d)(2) of this 
section. Copies of the audit guides will be furnished to the Governor or 
his delegate each year. Questions pertaining to the use or application 
of this guide should be referred to the Office of Inspector General, 
U.S. Department of the Interior, Washington, D.C. 20240.
    (f) If a unit of general local government eligible for payments 
under this part reorganizes, the authorized officer shall, for the 
fiscal year in which the reorganization occurred, calculate payments as 
if the reorganization had not occurred and issue any payments due under 
this part jointly to all of the newly formed units of general 
government.

(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980; 
50 FR 1305, Jan. 10, 1985]



Sec. 1881.1-3  Procedures, Section 3 payments.

    (a) The authorized officer shall make payments to qualified units of 
local government under section 3 of the Act, provided that the 
administering agencies supply information as follows:
    (1) Acreage or interests in land for which payments are authorized 
within the boundaries of each qualified unit of local government; and
    (2) Such other information as may be required to certify payments to 
qualified units of local government.
    (b) Counties receiving payments in excess of $100 shall distribute 
those payments to affected units of local government and affected school 
districts, in accordance with section 3 of the Act, within 90 days of 
the receipt of such payment. Distribution shall be in proportion to the 
tax revenues assessed and levied by the affected units of local 
government and school districts in the Federal fiscal year prior to 
acquisition of the entitlement lands by the Federal Government. The 
Redwoods Community College District in California shall be considered an 
affected school district.
    (c) A certification by the county involved that appropriate 
distribution of funds has been made shall be submitted to the authorized 
officer within 120 days after the date that payments are received.
    (d) In accordance with 106(c) of the Act of March 27, 1978 (92 Stat. 
171), payment of the difference, if any, between the amounts actually 
paid during each of the five fiscal years immediately following the 
fiscal year in which lands or interests therein were acquired for 
addition to the Redwoods National Park pursuant to said Act of March 27, 
1978, and lands acquired in the Lake Tahoe Basin under the Act of 
December 23, 1980 (Pub. L. 96-586), and 1% of the fair market value of 
such lands and interests therein at the time of their acquisition shall 
be deferred, unless the

[[Page 58]]

amount not paid, or any part of such amount, was not paid due to an 
insufficiency of appropriated funds, commencing with the sixth fiscal 
year following acquisition, the amount deferred shall be paid to 
eligible counties annually in amounts that reflect the limitations of 
section 3(c)(2) of the Act. Such payments shall be made until the total 
amount deferred during the first five years has been paid.

(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980; 
50 FR 1305, Jan. 10, 1985]



Sec. 1881.1-4  Procedures, absence of information.

    The authorized officer shall certify payments under the Act only to 
the extent sufficient data is available to determine the amount due the 
qualified units of local government.



Sec. 1881.1-5  Requirement to report enactment of State distribution legislation.

    (a) Section 6907 of the Act provides that a single payment may be 
made to a State for reallocation and redistribution to units of general 
local government other than the principal provider of services as 
determined by the Secretary. If the State decides to avail itself of 
this provision, it shall comply with the following conditions:
    (1) The State shall notify the authorized officer that it has 
enacted legislation that conforms to section 6907 of the Act and within 
60 days of its enactment, provide the authorized officer with a copy of 
the legislation and the name and address of the State office to which 
payment is to be made.
    (2) The State legislation shall conform to the requirements of the 
Act, particularly section 6907(a).
    (b) If the authorized officer finds that a State's legislation 
complies with the conditions set forth in paragraph (a) of this section, 
he/she shall notify the State that a single payment will be made to the 
designated State government office beginning with the Federal fiscal 
year following the fiscal year in which the conforming legislation was 
approved by the authorized officer. The authorized officer shall provide 
the State with appropriate information that identifies the entitlement 
lands data on which the payments are based.
    (c)(1) If a State that has enacted conforming legislation as 
described in paragraphs (a) and (b) of this section later repeals or 
amends that legislation, the State shall immediately notify the 
authorized officer of such change(s), in writing, and shall furnish the 
authorized officer a copy of the legislation.
    (2) If a State's conforming legislation is repealed or if the 
authorized officer finds from a review of the legislation that it is so 
altered as a result of amendments that it no longer complies with the 
conditions stated in paragraph (a) of this section, he/she shall notify 
the State office designated under paragraph (a)(1) of this section that 
payment shall be made directly to eligible units of local government. 
These payments shall begin with the Federal fiscal year in which a copy 
of the State's legislation repealing or amending the State's conforming 
legislation is received by the authorized officer. However, if a copy of 
the State's repealing or amending legislation is received after July 1, 
payments made directly to eligible units of local government shall not 
begin until the subsequent Federal fiscal year.
[50 FR 1305, Jan. 10, 1985]



Sec. 1881.2  Use of payments.

    The monies paid to entitled units or local government may be used 
for any governmental purpose, except as noted in Sec. 1881.1-3(b) of 
this part.



Sec. 1881.3  Protests.

    (a) Computation of payments shall be based upon Federal land 
records, population data from the Bureau of the Census, payments made to 
units of local government through State government under the laws listed 
in section 4 of the Act as reported by State Governors, Federal payments 
made directly to units of local government under the laws listed in 
section 4 of the Act as reported by the disbursing Federal agency.
    (b) Any affected unit of local government may protest the results of 
the computations of its payment to the authorized officer.

[[Page 59]]

    (c) Any protesting unit of local government shall submit sufficient 
evidence to show error in the computations or the data on which the 
computations are based.
    (d) All protests to the authorized officer shall be filed by the 
first business day of the calendar year following the end of the fiscal 
year for which the payments were made.
    (e) The authorized officer shall consult with the affected unit of 
local government and the administering agency to resolve conflicts in 
land records and other data sources.



Sec. 1881.4  Appeals.

    Any affected unit of local government whose protest has been 
rejected by the authorized officer may appeal to the Interior Board of 
Land Appeals pursuant to the provisions of 43 CFR part 4.



          Subpart 1882--Mineral Development Impact Relief Loans

    Authority:  Sec. 317(c), Federal Land Policy and Management Act of 
1976, as amended (43 U.S.C. 1740) (90 Stat. 2767).

    Source:  43 FR 57887, Dec. 11, 1978, unless otherwise noted.



Sec. 1882.0-1  Purpose.

    The purpose of this subpart is to establish procedures to be 
followed in the implementation of a program under section 317 of the 
Federal Land Policy and Management Act to make loans to qualified States 
and their political subdivisions.



Sec. 1882.0-2  Objective.

    The objective of the program is to provide financial relief through 
loans to those States and their political subdivisions that are 
experiencing adverse social and economic impacts as a result of the 
development of Federal mineral deposits leased under the provisions of 
the Act of February 25, 1920, as amended.



Sec. 1882.0-3  Authority.

    Section 317(c) of the Federal Land Policy and Management Act of 
1976, as amended (43 U.S.C. 1744), authorizes the Secretary of the 
Interior to make loans to States and their political subdivisions to 
relieve social or economic impacts resulting from the development of 
Federal minerals leased under the Act of February 25, 1920 (30 U.S.C. 
181 et seq.).



Sec. 1882.0-5  Definitions.

    As used in this subpart, the term:
    (a) Secretary means the Secretary of the Interior.
    (b) Director means the Director, Bureau of Land Management.
    (c) Act means the Act of February 25, 1920, as amended (30 U.S.C. 
181).



Sec. 1882.1  Loan fund, general.

    Funds appropriated by Congress for loans for relief of adverse 
social and economic impacts resulting from the development of Federal 
mineral deposits leased and developed under the Act may be loaned to 
those States and their political subdivisions who qualify under this 
subpart. Such loans may be used for: (a) Planning, (b) construction and 
maintenance of public facilities, and (c) provisions for public 
services.



Sec. 1882.2  Qualifications.

    (a) Any State receiving payments from the Federal Government under 
the provisions of section 35 of the Act or any political subdivision of 
such a State that can document to the satisfaction of the Director that 
it has suffered or will suffer adverse social and economic impacts as a 
result of the leasing and development of Federal mineral deposits under 
the provisions of the Act shall be considered qualified to receive loans 
made under this subpart.
    (b) A loan to a qualified political subdivision of a State receiving 
payment from the Federal Government under the provisions of section 35 
of the Act shall be conditioned upon a showing of proof, satisfactory to 
the Director, by the political subdivision that it has legal authority 
to pledge funds payable to the State under section 35 of the Act in 
sufficient amounts to secure the payment of the loan.



Sec. 1882.3  Application procedures.

    No later than October 1 of the fiscal year in which a loan is to be 
made, the State or its political subdivision shall

[[Page 60]]

submit to the Director a letter signed by the authorized agent 
requesting a loan. The authorized agent shall furnish proof of authority 
to act for the State or political subdivision with the application. Such 
letter shall constitute a formal application for a loan under this 
subpart and shall contain the following:
    (a) The name of the State or political subdivision requesting the 
loan.
    (b) The amount of the loan requested.
    (c) The name, address, and position of the person in the State or 
political subdivision who is to serve as contact on all matters 
concerning the loan.
    (d) A description and documentation of the adverse social and 
economic impacts suffered as a result of the leasing and development of 
Federal mineral deposits.
    (e) An analysis and documentation of the additional expenses 
generated as a result of the leasing and development of Federal 
minerals.
    (f) Proposed uses of the funds derived from the loan.
    (g) Evidence that the loan and repayment provisions are authorized 
by State law.
    (h) The Director may request any additional information from the 
applicant that is needed to properly act on the loan application. The 
applicant shall furnish such additional information in any form 
acceptable to the applicant and the Director. No loan shall be granted 
unless such additional information is timely received by the Director.



Sec. 1882.4  Allocation of funds.

    If applications for loans exceed the funds appropriated for such 
purpose, loans shall be allocated among the States and their political 
subdivisions in a fair and equitable manner, after consultation with the 
Governors of the affected States, giving priority to those States and 
political subdivisions suffering the most severe social and economic 
impacts. The allocation of funds under this section shall be the final 
action of the Department of the Interior.



Sec. 1882.5  Terms and conditions.



Sec. 1882.5-1  Tenure of loan.

    Loans shall be for a period not to exceed 10 years. Loan documents 
shall include a schedule of repayment showing the amount of the 
principal and interest due on each installment.



Sec. 1882.5-2  Interest rate.

    Loans shall bear interest at a rate equivalent to the lowest 
interest rate paid on an issue of at least $1 million of bonds exempt 
from Federal taxes of the applicant State or any agency thereof within 
the calendar year immediately preceding the year of the loan. Proof of 
each rate shall be furnished by an applicant with its application.



Sec. 1882.5-3  Limitation on amount of loans.

    Total outstanding loans under this program for qualified States or 
their political subdivisions shall not exceed the total amount of the 
qualified State's projected mineral revenues under the Act for the 10 
years following. The total outstanding loans shall be the sum of the 
unpaid balance on all such loans made to a qualified State and all of 
its qualified political subdivisions.



Sec. 1882.5-4  Loan repayment.

    Loan repayment shall be by withholding mineral revenues payable to 
the qualified State for itself or its political subdivisions under the 
Act until the full amount of the loan and interest have been recovered.



Sec. 1882.5-5  Security for a loan.

    The only security for loans made under this subpart shall be the 
mineral revenues received by a qualified State or its political 
subdivisions under the Act. Loans made under this subpart shall not 
constitute an obligation upon the general property or taxing authority 
of the qualified recipient.



Sec. 1882.5-6  Use of loan.

    A loan made under this subpart may be used for the non-Federal share 
of the aggregate cost of any project or program otherwise funded by the 
Federal Government which requires a

[[Page 61]]

non-Federal share for such project or program and which provides 
planning or public facilities otherwise eligible for assistance under 
the Act.



Sec. 1882.5-7  Nondiscrimination.

    No person shall, on the grounds of race, color, religion, national 
origin or sex be excluded from participation in, be denied the benefits 
of or be subjected to discrimination under any program or activity 
funded in whole or part with funds made available under this subpart.



Sec. 1882.5-8  Additional terms and conditions.

    The Director may impose any terms and conditions that he determines 
necessary to assure the achievement of the purpose of the loans made 
under this subsection.



Sec. 1882.6  Loan renegotiation.

    The Secretary may, upon application of a qualified State or one of 
its qualified political subdivisions, take any steps he determines 
necessary and justified by the failure of anticipated mineral 
development or related revenues to materialize as expected when the loan 
was made under this subpart to renegotiate the loan, including 
restructuring of the loan. All applications submitted under this section 
shall set forth in detail the basis for the renegotiation of the loan. 
The renegotiated loan shall meet the requirements of this subpart to the 
extent possible.



Sec. 1882.7  Inspection and audit.

    Upon receipt of a loan under this subpart, the grantee of the loan 
shall establish accounts and related records necessary to record the 
transactions relating to receipt and disposition of such loan. These 
accounts and related records shall be sufficiently detailed to provide 
an adequate inspection and audit by the Secretary and the Comptroller 
General of the United States. The loan funds shall not be commingled 
with other funds of the recipient.

[[Page 62]]





              SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)





Group 2000--Land Resource Management; General--Table of Contents






PART 2090--SPECIAL LAWS AND RULES--Table of Contents




             Subpart 2091--Segregation and Opening of Lands

Sec.
2091.0-1  Purpose.
2091.0-3  Authority.
2091.0-5  Definitions.
2091.0-7  Principles.
2091.1  Action on applications and mining claims.
2091.2  Segregation and opening resulting from publication of a Notice 
          of Realty Action.
2091.2-1  Segregation.
2091.2-2  Opening.
2091.3  Segregation and opening resulting from a proposal or 
          application.
2091.3-1  Segregation.
2091.3-2  Opening.
2091.4  Segregation and opening resulting from the allowance of entries, 
          leases, grants or contracts.
2091.4-1  Segregation and opening: Desert-land entries and Indian 
          allotments.
2091.4-2  Segregation and opening: Airport leases and grants.
2091.4-3  Segregation and opening: Carey Act.
2091.5  Withdrawals.
2091.5-1  Segregation of lands resulting from withdrawal applications 
          filed on or after October 21, 1976.
2091.5-2  Segregation of lands resulting from withdrawal applications 
          filed prior to October 21, 1976.
2091.5-3  Segregative effect and opening: Emergency withdrawals.
2091.5-4  Segregative effect and opening: Water power withdrawals.
2091.5-5  Segregative effect and opening: Federal Power Act withdrawals.
2091.5-6  Congressional withdrawals and opening of lands.
2091.6  Opening of withdrawn lands: General.
2091.7  Segregation and opening of lands classified for a specific use.
2091.7-1  Segregative effect and opening: Classifications.
2091.7-2  Segregative effect and opening: Taylor Grazing Act.
2091.9  Segregation and opening resulting from laws specific to Alaska.
2091.9-1  Alaska Native selections.
2091.9-2  Selections by the State of Alaska.
2091.9-3  Lands in Alaska under grazing lease.

      Subpart 2093--Minerals (Nonmineral Entries on Mineral Lands)

2093.0-3  Authority.
2093.0-5  Definitions.
2093.0-6  Notations required.
2093.0-7  Compensation for damages.
2093.1  Surface rights of nonmineral entrymen.
2093.1-1  Act of March 3, 1909.
2093.1-2  Election to take patent with reservation to United States of 
          the coal deposits.
2093.1-3  Procedures.
2093.2  Agricultural entries on coal lands.
2093.2-1  Acts of June 22, 1910, and April 30, 1912.
2093.2-2  Land on which entries may be made.
2093.2-3  Procedures.
2093.2-4  Patent with reservation of coal deposits; disposal of coal 
          deposits.
2093.3  Agriculture entry of lands withdrawn, classified or valuable for 
          minerals.
2093.3-1  Acts of July 17, 1914, and March 4, 1933.
2093.3-2  Lands to which applicable.
2093.3-3  Procedures.
2093.3-4  Patents.
2093.3-5  Disposition of reserved deposits; protection of surface 
          claimant.
2093.4  Entries on coal, oil, and gas lands in Alaska.
2093.4-1  Acts of March 8, 1922, and May 17, 1906, as amended.
2093.4-2  Rights of prior mineral permittees or lessees.
2093.4-3  Obligations of subsequent mineral permittees or lessees.
2093.5  Disposition of minerals reserved to the U.S. Government.
2093.5-1  Act of December 29, 1916.

           Subpart 2094--Special Resource Values; Shore Space

2094.0-3  Authority.
2094.0-5  Definitions.
2094.1  Methods of measuring; restrictions.
2094.2  Waiver of 160-rod limitation.

    Authority:  43 U.S.C. 1740; 43 U.S.C. 1201.



             Subpart 2091--Segregation and Opening of Lands

    Source:  52 FR 12175, Apr. 15, 1987, unless otherwise noted.

[[Page 63]]



Sec. 2091.0-1  Purpose.

    The purpose of this subpart is to provide a general restatement of 
the regulatory provisions in title 43 of the Code of Federal Regulations 
dealing with the segregation and opening of public lands administered by 
the Secretary of the Interior through the Bureau of Land Management and 
summarize the existing procedures covering opening and closing of lands 
as they relate to the filing of applications. The provisions of this 
subpart do not replace or supersede any provisions of title 43 covering 
opening and closing of public lands.



Sec. 2091.0-3  Authority.

    Section 2478 of the Revised Statutes (43 U.S.C. 1201), sections 2275 
and 2276 of the Revised Statutes (43 U.S.C. 851, 852), the Recreation 
and Public Purposes Act, as amended (43 U.S.C. 869 et seq.), section 4 
of the Act of August 18, 1894, as amended (43 U.S.C. 641 et seq.), the 
Act of March 3, 1877 (43 U.S.C. 321-323), as amended by the Act of March 
3, 1891 (43 U.S.C. 231, 321, 323, 325, 327-329), section 4 of the 
General Allotment Act of February 8, 1887 (25 U.S.C. 334), as amended by 
the Act of February 28, 1891 (26 Stat. 794) and section 17 of the Act of 
June 25 1910 (25 U.S.C. 336), the Act of March 20, 1922, as amended (16 
U.S.C. 485), the Act of July 7, 1958 (72 Stat. 339-340), the Act of 
January 21, 1929, as supplemented (43 U.S.C. 852 Note), section 24 of 
the Federal Power Act, as amended (16 U.S.C. 818), section 7 of the Act 
of June 28, 1934, as amended (43 U.S.C. 315f), the Alaska Native Claims 
Settlement Act, as amended (43 U.S.C. 1601 et seq.), the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) and the Federal 
Land Policy and Management Act of 1976, as amended, (43 U.S.C. 1701 et 
seq.).
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]



Sec. 2091.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (b) Segregation means the removal for a limited period, subject to 
valid existing rights, of a specified area of the public lands from the 
operation of some or all of the public land laws, including the mineral 
laws, pursuant to the exercise by the Secretary of regulatory authority 
for the orderly administration of the public lands.
    (c) Land or public lands means any lands or interest in lands owned 
by the United States within the several States and administered by the 
Secretary of the Interior through the Bureau of Land Management, without 
regard to how the United States acquired ownership, except: (1) Lands 
located on the Outer Continental Shelf; and (2) lands held for the 
benefit of Indians, Aleuts and Eskimos.
    (d) Mineral laws means those laws applicable to the mineral 
resources administered by the Bureau of Land Management. They include, 
but are not limited to, the mining laws, the mineral leasing laws, the 
material disposal laws and the Geothermal Steam Act.
    (e) Public lands records means the Tract Books, Master Title Plats 
and Historical Indices maintained by the Bureau of Land Management, or 
automated representation of these books, plats and indices on which are 
recorded information relating to the status and availability of the 
public lands. The recorded information may include, but is not limited 
to, withdrawals, restorations, reservations, openings, classifications 
applications, segregations, leases, permits and disposals.
    (f) Opening means the restoration of a specified area of public 
lands to operation of the public land laws, including the mining laws, 
and, if appropriate, the mineral leasing laws, the material disposal 
laws and the Geothermal Steam Act, subject to valid existing rights and 
the terms and provisions of existing withdrawals, reservations, 
classifications, and management decisions. Depending on the language in 
the opening order, an opening may restore the lands to the operation of 
all or some of the public land laws.
    (g) Opening order means an order issued by the Secretary or the 
authorized officer and published in the Federal Register that describes 
the

[[Page 64]]

 lands, the extent to which they are restored to operation of the public 
land laws and the mineral laws, and the date and time they are available 
for application, selection, sale, location, entry, claim or settlement 
under those laws.
    (h) Public land laws means that body of laws dealing with the 
administration, use and disposition of the public lands, but does not 
include the mineral laws.
    (i) Revocation means the cancellation of a Public Land Order, but 
does not restore public lands to operation of the public land laws.
    (j) Secretary means the Secretary of the Interior or a secretarial 
officer subordinate to the Secretary who has been appointed by the 
President with the advice and consent of the Senate, and to whom has 
been delegated the authority of the Secretary to perform the duties 
described in this part as being performed by the Secretary.



Sec. 2091.07  Principles.

    (a) Generally, segregated lands are not available for application, 
selection, sale, location, entry, claim or settlement under the public 
land laws, including the mining laws, but may be open to the operation 
of the discretionary mineral leasing laws, the material disposal laws 
and the Geothermal Steam Act, if so specified in the document that 
segregates the lands. The segregation is subject to valid existing 
rights and is, in most cases, for a limited period which is specified in 
regulations or in the document that segregates the lands. Where there is 
an administrative appeal or review action on an application pursuant to 
part 4 or other subparts of this title, the segregative period continues 
in effect until publication of an opening order.
    (b) Opening orders may be issued at any time but are required when 
the opening date is not specified in the document creating the 
segregation, or when an action is taken to terminate the segregative 
effect and open the lands prior to the specified opening date.



Sec. 2091.1  Action on applications and mining claims.

    (a) Except where the law and regulations provide otherwise, all 
applications shall be accepted for filing. However, applications which 
are accepted for filing shall be rejected and cannot be held pending 
possible future availability of the lands or interests in lands, except 
those that apply to selections made by the State of Alaska under section 
906(e) of the Alaska National Interest Land Conservation Act and 
selections made by Alaska Native Corporations under section 3(e) of the 
Alaska Native Claims Settlement Act, when approval of the application is 
prevented by:
    (1) A withdrawal, reservation, classification, or management 
decision applicable to the lands;
    (2) An allowed entry or selection of lands;
    (3) A lease which grants the lessee exclusive use of the lands;
    (4) Classifications existing under appropriate law:
    (5) Segregation due to an application previously filed under 
appropriate law and regulations;
    (6) Segregation resulting from a notice of realty action previously 
published in the Federal Register under appropriate regulations; and
    (7) The fact that, for any reason, the lands have not been made 
subject to, restored or opened to operation of the public land laws, 
including the mineral laws.
    (b) Lands may not be appropriated under the mining laws prior to the 
date and time of restoration and opening. Any such attempted 
appropriation, including attempted adverse possession under 30 U.S.C. 
38, vests no rights against the United States. Actions required to 
establish a mining claim location and to initiate a right of possession 
are governed by State laws where those laws are not in conflict with 
Federal law. The Bureau of Land Management does not intervene in 
disputes between rival locators over possessory rights because Congress 
has provided for the resolution of these matters in local courts.

[[Page 65]]



Sec. 2091.2  Segregation and opening resulting from publication of a Notice of Realty Action.



Sec. 2091.2-1  Segregation.

    The publication of a Notice of Realty Action in the Federal Register 
segregates lands that are available for disposal under:
    (a) The Recreation and Public Purposes Act, as amended (43 U.S.C. 
869-4), for a period of 18 months (See part 2740 and subpart 2912);
    (b) The sales provisions of section 203 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1713) for a period of 270 days 
(See part 2710).
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]



Sec. 2091.2-2  Opening.

    (a) The segregative effect of a Notice of Realty Action 
automatically terminates either:
    (1) At the end of the periods set out in Sec. 2091.2-1 of this title 
(See part 2740); or
    (2) As of the date specified in an opening order published in the 
Federal Register; or
    (3) Upon issuance of a patent or other document of conveyance; 
whichever occurs first.
    (b) Mineral interests reserved by the United States in connection 
with the conveyance of public lands under the Recreation and Public 
Purposes Act or section 203 of the Federal Land Policy and Management 
Act, shall remain segregated from the mining laws pending the issuance 
of such regulations as the Secretary may prescribe.
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]



Sec. 2091.3  Segregation and opening resulting from a proposal or application.



Sec. 2091.3-1  Segregation.

    (a) If a proposal is made to exchange public lands administered by 
the Bureau of Land Management or lands reserved from the public domain 
for National Forest System purposes, such lands may be segregated by a 
notation on the public land records for a period not to exceed 5 years 
from the date of notation (See 43 CFR 2201.1-2 and 36 CFR 254.6).
    (b) The filing of an application for lands for selection by a State 
(exclusive of Alaska) segregates the lands included in the application 
for a period of 2 years from the date the application is filed. (See 
subparts 2621 and 2622)
    (c) The filing of an application and publication of the notice of 
the filing of an application in the Federal Register for the purchase of 
Federally-owned mineral interests under section 209 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1719) segregates the lands 
for a period of 2 years from the date of the publication of the notice 
of filing of the application with the authorized officer. (See part 
2720)
    (d) The filing of an application for an airport lease under the Act 
of May 24, 1928, as amended (49 U.S.C. Appendix 211-213), or the filing 
of a request for an airport conveyance under the Airport and Airway 
Improvement Act of 1982 (49 U.S.C. 2215), segregates the lands as of the 
date of filing with the authorized officer. (See part 2640 and subpart 
2911)
[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at 
58 FR 60917, Nov. 18, 1993]



Sec. 2091.3-2  Opening.

    (a) If a proposal or an application described in Sec. 2091.3-1 of 
this part is not denied, modified, or otherwise terminated prior to the 
end of the segregative periods set out in Sec. 2091.3-1 of this part, 
the segregative effect of the proposal or application automatically 
terminates upon the occurrence of either of the following events, 
whichever occurs first:
    (1) Issuance of a patent or other document of conveyance to the 
affected lands; or
    (2) The expiration of the applicable segregation period set out in 
Sec. 2091.3-1 of this part.
    (b) If the proposal or application described in Sec. 2091.3-1 of 
this part is denied, modified, or otherwise terminated prior to the end 
of the segregation periods, the lands shall be opened promptly by 
publication in the Federal Register of an opening order specifying the 
date and time of opening.

[[Page 66]]

    (c) Upon conveyance of public lands under section 206 of the Federal 
Land Policy and Management Act, mineral interests reserved by the United 
States shall not be open to the operation of the mining laws pending the 
issuance of such regulations as the Secretary may prescribe.
    (d) Subject to valid existing rights, non-Federal lands acquired 
through exchange by the United States shall be segregated automatically 
from appropriation under the public land laws and mineral laws for 90 
days after acceptance of title by the United States, and the public land 
records shall be noted accordingly. Except to the extent otherwise 
provided by law, the lands shall be open to the operation of the public 
land laws and mineral laws at midnight 90 days after the day title was 
accepted unless otherwise segregated pursuant to part 2300 of this 
title. (See 43 CFR 2201.9(b))
[58 FR 60917, Nov. 18, 1993]



Sec. 2091.4  Segregation and opening resulting from the allowance of entries, leases, grants or contracts.



Sec. 2091.4-1  Segregation and opening: Desert-land entries and Indian allotments.

    (a) Lands covered by an application for a desert land entry or 
Indian allotment become segregated on the date of allowance or approval 
of entry or allotment by the authorized officer. (See parts 2520 and 
2530).
    (b) If an entry or allotment is cancelled or relinquished, the lands 
become open to the operation of the public land laws by publication in 
the Federal Register of an opening order which specifies the date and 
time of opening. (See parts 2520 and 2530).



Sec. 2091.4-2  Segregation and opening: Airport leases and grants.

    (a) The issuance of a lease for airport purposes under the authority 
of the Act of May 24, 1928 or a patent or document of conveyance for 
airport and airway purposes under the authority of the Act of September 
3, 1982, as amended (49 U.S.C. 2215), continues to segregate the lands. 
(See part 2640 and subpart 2911)
    (b) If an airport lease is terminated, the lands are opened by 
publication in the Federal Register of an opening order which specifies 
the date and time of opening.
    (c) The lands covered by an airport lease or grant remain open to 
the operation of the mineral leasing laws, the material disposal laws 
and the Geothermal Steam Act, but are segregated from the operation of 
the mining laws pending the issuance of such regulations as the 
Secretary may prescribe (See part 2640 and subpart 2911).



Sec. 2091.4-3  Segregation and opening: Carey Act.

    (a) For lands covered by a Carey Act grant, publication of a notice 
in the Federal Register that a contract has been signed segregates the 
lands described in the contract, as of the date of publication of a 10 
year period, from operation of the public land laws and the mineral laws 
as described in the notice. (See part 2610).
    (b) If the contract under the Carey Act is terminated, the lands are 
opened by publication in the Federal Register of an opening order which 
specifies the date and time of opening. Preference right of entry to 
Carey Act entrymen may be provided in accordance with the provisions of 
subpart 2613 of this title.



Sec. 2091.5  Withdrawals.



Sec. 2091.5-1  Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.

    (a) Publication in the Federal Register of a notice of an 
application or proposal for withdrawal, as provided in subpart 2310 of 
this title, segregates the lands described in the withdrawal application 
or proposal to the extent specified in the notice. The segregative 
effect becomes effective on the date of publication and extends for a 
period of 2 years unless sooner terminated as set out below.
    (b) Segregations resulting from applications and proposals filed on 
or after October 21, 1976, terminate:
    (1) Automatically upon the expiration of a 2 year period from the 
date of publication in the Federal Register of the notice of the filing 
of an application or proposal for withdrawal;

[[Page 67]]

    (2) Upon the publication in the Federal Register of a Public Land 
Order effecting the withdrawal in whole or in part;
    (3) Upon the publication in the Federal Register of a notice denying 
the withdrawal application or proposal, in whole or in part, giving the 
date and time the lands shall be open; or
    (4) Publication in the Federal Register of a notice of request for 
cancellation of a withdrawal application or proposal, in whole or in 
part, giving the date and time the lands are open.



Sec. 2091.5-2  Segregation of lands resulting from withdrawal applications filed prior to October 21, 1976.

    (a)(1) Lands covered by a withdrawal application or withdrawal 
proposal filed prior to October 21, 1976, were segregated on the date 
the application was properly filed and remain segregated through October 
20, 1991, to the extent specified in notices published in the Federal 
Register, unless the segregative effect is terminated prior to that date 
in accordance with procedures in Sec. 2091.5-1 of this title.
    (2) Any amendment made to a withdrawal application filed prior to 
October 21, 1976, for the purpose of adding lands modifies the term of 
segregation for all lands covered by the amended application to conform 
with the provision of Sec. 2091.5-1 of this title.
    (b) Segregations resulting from applications filed under this 
section terminate in accordance with procedures in Sec. 2091.5-1 of this 
title.



Sec. 2091.5-3  Segregative effect and opening: Emergency withdrawals.

    (a) When the Secretary determines that an emergency exists and 
extraordinary measures need to be taken to preserve values that would 
otherwise be lost, a withdrawal is made immediately in accordance with 
Sec. 2310.5 of this title. Emergency withdrawals are effective on the 
date the Public Land Order making the withdrawal is signed, and cannot 
exceed 3 years in duration and may not be extended.
    (b) The lands covered by an emergency withdrawal are opened 
automatically on the date of expiration of the withdrawal unless 
segregation is effected by the publication in the Federal Register of a 
notice of a withdrawal application or proposal.



Sec. 2091.5-4  Segregative effect and opening: Water power withdrawals.

    (a) Lands covered by powersite reserves, powersite classifications, 
and powersite designations are considered withdrawn and are segregated 
from operation of the public land laws, but are not withdrawn and 
segregated from the operation of the mineral laws.
    (b) These lands may be opened to operation of the public land laws 
after a revocation or cancellation order issued by the Department of the 
Interior or after a determination to open the lands is made by the 
Federal Energy Regulatory Commission under section 24 of the Federal 
Power Act. (See subpart 2320) Mining claims may be located on such lands 
under procedures in subpart 3730 of this title. These lands are opened 
by publication in the Federal Register of an opening order specifying 
the extent, date and time of opening.



Sec. 2091.5-5  Segregative effect and opening: Federal Power Act withdrawals.

    (a)(1) The filing of an application for a power project with the 
Federal Energy Regulatory Commission withdraws the lands covered by the 
application from the operation of the public land laws; however, the 
lands remain open to the location, lease or disposal of the mineral 
estate.
    (2) The issuance of a permit or license for a project by the Federal 
Energy Regulatory Commission withdraws the lands from the operation of 
the mining laws. (See part 3730).
    (b) Lands withdrawn under section 24 of the Federal Power Act remain 
withdrawn until the withdrawal is vacated and the lands opened by proper 
authority.
    (c) After a withdrawal has been vacated, the lands are opened to the 
operation of the public land laws by notation of the lands records to 
that effect.



Sec. 2091.5-6  Congressional withdrawals and opening of lands.

    (a) Congressional withdrawals become effective and are terminated as 
specified in the statute making the

[[Page 68]]

 withdrawal. If the statute does not specify the date, duration and 
extent of segregation, the Secretary shall publish in the Federal 
Register a Public Land Order so specifying.
    (b) If the statute does not specify when and to what extent the 
lands are to be opened, the Secretary publishes in the Federal Register 
an opening order so specifying.



Sec. 2091.6  Opening of withdrawn lands: General.

    The term of a withdrawal ends upon expiration under its own terms, 
or upon revocation or termination by the Secretary by publication in the 
Federal Register of a Public Land Order. Lands included in a withdrawal 
that is revoked, terminates or expires do not automatically become open, 
but are opened through publication in the Federal Register of an opening 
order. An opening order may be incorporated in a Public Land Order that 
revokes or terminates a withdrawal or may be published in the Federal 
Register as a separate document. In each case, the opening order 
specifies the time, date and specific conditions under which the lands 
are opened. (See subpart 2310.)



Sec. 2091.7  Segregation and opening of lands classified for a specific use.



Sec. 2091.7-1  Segregative effect and opening: Classifications.

    (a)(1) Lands classified under the authority of the Recreation and 
the Public Purposes Act, as amended (43 U.S.C. 869-4), and the Small 
Tract Act (43 U.S.C. 682a) are segregated from the operation of the 
public land laws, including the mining laws, but not the mineral leasing 
laws, the material disposal laws, and the Geothermal Steam Act, except 
as provided in the notice of realty action.
    (2) Lands classified under the authority of the Classification and 
Multiple Use Act (43 U.S.C. 1411-18) are segregated to the extent 
described in the notice of classification.
    (b) The segregative effect of the classification described in 
Sec. 2091.7-1 of this title terminates and the lands are opened under 
the following procedures:
    (1) Recreation and Public Purposes Act classifications; (i) Made 
after the effective date of these regulations terminate and the lands 
automatically become open at the end of the 18-month period of 
segregation specified in part 2740 of this title, unless an application 
is filed; (ii) made prior to the effective date of these regulations 
where the 18-month period of segregation specified in part 2740 of this 
title is in effect on the effective date of these regulations, expire 
and the lands automatically become open at the end of the 18-month 
period of segregation unless an application is filed; (iii) made prior 
to the effective date on these regulations where the 18-month period of 
segregation has expired prior to the effective date of these 
regulations, terminate by publication in the Federal Register of an 
opening order specifying the date and time of opening.
    (2) Small Tract Act classifications terminate by publication in the 
Federal Register of an opening order specifying the date and time of 
opening.
    (3) Classification and Multiple Use Act classification shall be 
terminated by publication in the Federal Register of an opening order 
specifying the date and time of opening.
[52 FR 12175, Apr. 15, 1987; 52 FR 36575, Sept. 30, 1987]



Sec. 2091.7-2  Segregative effect and opening: Taylor Grazing Act.

    Lands classified under section 7 of the Act of June 28, 1934, as 
amended (43 U.S.C. 315f), are segregated to the extent described in the 
classification notice. The segregative effect for Desert Land entries, 
Indian allotments, State selections (exclusive of Alaska) and Carey Act 
grants made after the effective date of these regulations remains in 
effect until terminated by publication in the Federal Register of an 
opening order specifying the date and time of opening or upon issuance 
of a patent or other document of conveyance,



Sec. 2091.9  Segregation and opening resulting from laws specific to Alaska.



Sec. 2091.9-1  Alaska Native selections.

    The segregation and opening of lands authorized for selection and 
selected by

[[Page 69]]

 Alaska Natives under the Alaska Native Claims Settlement Act, as 
amended (43 U.S.C. 1601 et seq.), are covered by part 2650 of this 
title.



Sec. 2091.9-2  Selections by the State of Alaska.

    The segregation and opening of lands authorized for selection and 
selected by the State of Alaska under the various statutes granting 
lands to the State of Alaska are covered by subpart 2627 of this title.



Sec. 2091.9-3  Lands in Alaska under grazing lease.

    The segregation and opening of lands covered by the Act of March 4, 
1927 (43 U.S.C. 316, 316a-316o) are covered by part 4200 of this title.



      Subpart 2093--Minerals (Nonmineral Entries on Mineral Lands)

    Authority:  R.S. 2478; sec. 32, 41 Stat. 450; 43 U.S.C. 1201, 30 
U.S.C. 189.

    Source:  35 FR 9536, June 13, 1970, unless otherwise noted.

    Effective Date Note:  At 62 FR 51376, Oct. 1, 1997, subpart 2093 was 
removed, effective Oct. 31, 1997.



Sec. 2093.0-3  Authority.

    (a) Section 29 of the Mineral Leasing Act of February 25, 1920 (41 
Stat. 449; 30 U.S.C. 186) and the Act of March 4, 1933 (47 Stat. 1570; 
30 U.S.C. 124) grant the Secretary of the Interior complete discretion 
to determine whether the surface of public lands embraced in mineral 
permits or leases, or in applications for such permits or leases, or 
classified, withdrawn, or reported as valuable for any leasable mineral, 
or lying within the geologic structure of a field, should be disposed 
of. Accordingly, where a nonmineral application is filed, in the 
continental United States, for any of such described lands, the 
nonmineral application may be allowed only if it is determined by the 
proper officer, with the concurrence of the Director, Geological Survey, 
that the disposal of the lands under the nonmineral application will not 
unreasonably interfere with current or contemplated operations under the 
Mineral Leasing Acts. Appeals from any decision of the Director, Bureau 
of Land Management, or other officer, may be taken by any affected party 
in accordance with parts 1840 and 1850 of this chapter.



Sec. 2093.0-5  Definitions.

    As used in Secs. 2093.0-3 to 2093.0-7 inclusive, a mineral claim is 
prior where an application for a mineral permit or lease has been filed 
before either the filing of a complete nonmineral application for part 
or all of the same land, or before the classification of that land for 
the purposes requested by that nonmineral applicant: Provided, That the 
nonmineral application is not either for:
    (a) A State exchange under section 8 of the Taylor Grazing Act (48 
Stat. 1269; 43 U.S.C. 315g), as amended, filed prior to such mineral 
claim; or
    (b) A reclamation homestead under the Reclamation Act of June 17, 
1902 (32 Stat. 388, 43 U.S.C. 372 et seq.) for lands applied for by a 
mineral claimant under the Leasing Act after withdrawal for reclamation 
purposes.



Sec. 2093.0-6  Notations required.

    (a) On notice of allowance. Whenever the mineral claim is prior, the 
following notation will be made in the notice of allowance of the 
nonmineral application, as well as on the original copy of that 
nonmineral application:

    This land is subject to the right of any prior mineral permittee or 
lessee, or of any prior applicant for a mineral permit or lease, to 
occupy and use so much of the surface of the lands as may be reasonably 
required for mineral leasing operations, without liability to the 
nonmineral entryman or patentee for crop and improvement damages 
resulting from such mineral activity.

    (b) On final certificate. (1) Whenever a nonmineral application, 
which is affected by the notation described in paragraph (a) of this 
section, proceeds to issuance of patent, and at the time of such 
issuance there is outstanding a mineral lease, permit, or application 
therefor, based on a prior, mineral claim, such final certificate and 
patent will indicate that they are subject to the Act of March 4, 1933 
(47 Stat. 1570; 30 U.S.C. 124).
    (2) Such final certificate and patent will indicate that they are 
also subject to the provisions and limitations of

[[Page 70]]

section 29, Act of February 25, 1920 (41 Stat. 449; 30 U.S.C. 186), if, 
when the final certificate or patent issues, there is outstanding a 
mineral lease or permit based on a prior mineral claim.



Sec. 2093.0-7  Compensation for damages.

    In any case where there is no prior mineral claim, any person 
obtaining authority to prospect for, mine or remove the reserved mineral 
deposits will be liable to the entryman, selector or patentee of the 
surface for any damages to crops or improvements which may result from 
his prospecting or mining operations on the land.



Sec. 2093.1  Surface rights of nonmineral entrymen.



Sec. 2093.1-1  Act of March 3, 1909.

    (a) The Act of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81) protects 
persons who in good faith, have located, selected, or entered, under 
nonmineral laws, public lands which are, after such location, selection, 
or entry, classified, claimed, or reported as being valuable for coal by 
providing a means whereby such persons may at their election, retain the 
lands located, selected, or entered, subject to the right of the 
Government to the coal therein.
    (b)  [Reserved]



Sec. 2093.1-2  Election to take patent with reservation to United States of the coal deposits.

    All persons who, in good faith, locate, select, or enter, under the 
nonmineral laws, lands which are, subsequently to the date of such 
location, selection, or entry, classified, claimed, or reported as being 
valuable for coal, may elect, upon making satisfactory proof of 
compliance with the laws under which they claim, to receive patents upon 
their location, selection, or entry, as the case may be, such patents to 
contain a reservation to the United States of all coal in the lands and 
the right of the United States, or anyone authorized by it, to prospect 
for, mine, and remove the coal in accordance with the conditions and 
limitations imposed by the act; or may decline to elect to receive 
patent with such reservation, in which event proceedings shall be had as 
provided for in Sec. 2093.1-3 (a) and (b).



Sec. 2093.1-3  Procedures.

    (a) Where final proof has not been submitted. (1) Authorized 
officers will promptly advise each nonmineral claimant to land which, 
subsequent to location, selection, or entry, has been classified, 
claimed, or reported as being valuable for coal, that at the time of 
applying for notice of intention to submit final proof he must, in 
writing, state whether he elects to receive a patent containing the 
reservation prescribed by the Act of March 3, 1909.
    (2) In the event of election to receive such a patent, no further 
inquiry will be necessary respecting the coal character of the land.
    (3) In the event the claimant declines to elect to receive such 
patent, evidence will be received at the time of making final proof for 
the purpose of determining whether the lands are chiefly valuable for 
coal; and the entryman, locator, or selector will be entitled to a 
patent without reservation, unless it shall be shown that the land is 
chiefly valuable for coal.
    (4) The claimant may, after determination at final proof that the 
lands are chiefly valuable for coal, elect to receive patent with the 
statutory reservation, provided, of course, proof of compliance with the 
law in other respects is satisfactory.
    (b) When final proof has been submitted. Where satisfactory final 
proof has been made for lands entered under the nonmineral laws, the 
claimant will be entitled to a patent without reservation, except in 
those cases where the Government is in possession of sufficient evidence 
to justify the belief that the land is, and was before making final 
proof, known to be chiefly valuable for coal, in which case hearing will 
be ordered. If, at said hearing, it is proven that the land is chiefly 
valuable for coal, the entry shall be canceled, unless the claimant 
shall prove that he was at the time of the initiation of his claim in 
good faith endeavoring to secure the land under the nonmineral laws, and 
not because of its coal character, in which event he shall be permitted 
to elect to receive patent with the reservations prescribed in the 
statute. If it is not shown that the land is chiefly valuable for coal, 
the claimant

[[Page 71]]

 shall be entitled to patent without reservation.



Sec. 2093.2  Agricultural entries on coal lands.



Sec. 2093.2-1  Acts of June 22, 1910, and April 30, 1912.

    (a) Section 1 of the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C. 
83), provides that the unreserved public lands of the United States, 
exclusive of Alaska, which have been withdrawn or classified as coal 
lands, or are valuable for coal, shall be subject to appropriate entry 
under the homestead laws, the desert land law, and to withdrawal under 
the Act approved June 17, 1902 (32 Stat. 388; 43 U.S.C. 372 et seq.), 
known as the Reclamation Act, whenever such entries, selections, or 
withdrawals shall be made with a view of obtaining or passing title, 
with a reservation to the United States of the coal in such lands and of 
the right to prospect for, mine, and remove the same; and that all 
homestead entries made thereunder shall be subject to the conditions, as 
to residence and cultivation, of entries provided for under the Act 
approved February 19, 1909 (35 Stat. 639; 43 U.S.C. 218), entitled ``An 
act to provide for an enlarged homestead.'' The Act of February 19, 
1909, was amended by the Act of June 6, 1912 (37 Stat. 123; 43 U.S.C. 
164, 169, 218).
    (b) Section 2 of the Act (36 Stat. 584; 30 U.S.C. 84) provides that 
any person desiring to make entry under the homestead laws or the 
desert-land law, and the Secretary of the Interior in withdrawing under 
the Reclamation Act lands classified as coal lands, or valuable for 
coal, with a view to securing or passing title to the same in accordance 
with the provisions of said acts, shall state in the application for 
entry, selection, or notice of withdrawal that the same is made in 
accordance with and subject to the provisions of this act.
    (c) The Act of April 30, 1912 (37 Stat. 105; 30 U.S.C. 90) 
authorizes the selection of unreserved public lands of the United 
States, exclusive of Alaska, which have been withdrawn or classified as 
coal lands, or are valuable for coal, by the several states within whose 
limits the lands are situated, under grants made by Congress, and the 
offering at public sale, in the discretion of the Secretary of the 
Interior, of isolated or disconnected tracts of coal lands, which are so 
withdrawn, classified or valuable, with a reservation of the coal 
deposits to the United States and otherwise subject to all the 
conditions and limitations of the Act of June 22, 1910.

    Cross Reference: See parts 2510, 2520, and 2620 for additional 
information on this subject.



Sec. 2093.2-2  Lands on which entries may be made.

    (a) The Act of June 22, 1910 applies to unreserved public lands in 
the United States, exclusive of the State of Alaska, which have been 
withdrawn as coal lands and not released therefrom, or which have been 
classified as coal lands or which are valuable for coal, though not 
withdrawn or classified.
    (b) The Secretary of the Interior in withdrawing, under the 
Reclamation Act, lands classified as coal lands, or valuable for coal, 
with a view to securing or passing title to the same in accordance with 
the provisions of said acts, will state in the notice of withdrawal that 
the same is made in accordance with and subject to the provisions and 
reservations of the Act of June 22, 1910.



Sec. 2093.2-3  Procedures.

    (a) Applications. (1) The last proviso to section 3 of the Act of 
June 22, 1910 (36 Stat. 584; 30 U.S.C. 85) provides that nothing in the 
Act contained shall be held to deny or abridge the right to present and 
have prompt consideration of applications to locate, enter, or select, 
under the land laws of the United States, lands which have been 
classified as coal lands with a view of disproving such classification 
and securing a patent without reservation.
    (2) Entries and selections under the provisions of the Act of June 
22, 1910, must have noted across the face of the application for entry 
or selection, before such application for entry or selection is signed 
by the applicant and presented to the authorized officer, the following:

    Application made in accordance with and subject to the provisions 
and reservations of the Act of June 22, 1910 (36 Stat. 583).

[[Page 72]]


    (b) Hearing. Except in the case of those who present applications 
under section 2 of the Act (36 Stat. 584; 30 U.S.C. 84), the authorized 
officer will advise any person presenting a nonmineral application or 
filing for lands classified as coal lands that he will be allowed 30 
days in which to submit evidence, preferably the statements of experts 
or practical miners, that the land is in fact not coal in character, 
together with an application that the same be reclassified, and that in 
the event of failure to furnish said evidence within the time specified 
the application will be rejected. If upon the showing made, and such 
other inquiry as may be deemed proper, the land is classified as 
agricultural land, the nonmineral application, in the absence of other 
objections, will be allowed. If reclassification be denied, the 
applicant may, within 30 days from receipt of notice, apply for a 
hearing, at which he may be afforded an opportunity for showing that the 
classification is improper, in which event he must assume the burden of 
proof. If he should fail to apply for a hearing within the time allowed, 
his application to enter or file will be finally rejected. The rejection 
of such application, however, does not preclude the person from filing 
another application pursuant to section 2 of the Act.



Sec. 2093.2-4  Patent with reservation of coal deposits; disposal of coal deposits.

    There will be incorporated in patents issued to nonmineral claimants 
under this Act the following:

    Excepting and reserving, however, to the United States all the coal 
in the lands so patented, and to it, or persons authorized by it, the 
right to prospect for, mine, and remove the coal from the same upon 
compliance with the conditions and subject to the provisions and 
limitations of the Act of June 22, 1910 (36 Stat. 583).



Sec. 2093.3  Agriculture entry of lands withdrawn, classified or valuable for minerals.



Sec. 2093.3-1  Acts of July 17, 1914, and March 4, 1933.

    (a) Section 1 of the Act of July 17, 1914 (38 Stat. 509; 30 U.S.C. 
121), as amended, authorizes the appropriation, location, selection, 
entry or purchase under the nonmineral land laws of the United States, 
if otherwise available, of lands withdrawn or classified as phosphate, 
nitrate, potash, oil, gas, or asphaltic minerals, and sodium and sulphur 
under 30 U.S.C. 124, or which are valuable for such deposits, whenever 
such lands are sought with a view of obtaining or passing title with a 
reservation to the United States of the deposits on account of which the 
lands were withdrawn, classified, or reported as valuable, together with 
the right to prospect for, mine, and remove the same. Any form of 
appropriation under the proper applicable nonmineral land laws is 
authorized, with a reservation of the minerals as specified, to the same 
extent as if no withdrawal or classification had been made.
    (b) The term person used in this act will be interpreted as covering 
a State (see ex parte, Utah, 38 L.D. 245), or other corporation, or an 
association when duly qualified.
    (c) Under the proviso in section 2 of the Act (38 Stat. 509; 30 
U.S.C. 122) applications for land, either withdrawn or classified, may 
be presented with a view of proving that the lands applied for, if 
withdrawn, are not of the character intended to be included in the 
withdrawal, or, if classified, of disproving the classification and 
securing patent free from reservations; also, claimants for lands 
withdrawn or classified for the specified minerals subsequent to 
location, selection, entry, or purchase have the privilege of showing at 
any time before final entry, purchase, or approval of selection or 
location that the lands sought are in fact nonmineral in character.
    (d) Under the Act of March 4, 1933 (47 Stat. 1570; 30 U.S.C. 124), 
lands withdrawn, classified, or reported as valuable for sodium and/or 
sulphur are subject to entry, filing, or selection, if otherwise 
available, and subject to the reservations, provisions, limitations and 
conditions of the Act of July 17, 1914 (38 Stat. 509; 30 U.S.C. 121-
123), sulphur lands being limited to the States of Louisiana and New 
Mexico, pursuant

[[Page 73]]

 to the Act of July 16, 1932 (47 Stat. 701; 30 U.S.C. 271, 276).

(Interprets or applies sec. 1, 36 Stat. 583, sec. 1, 38 Stat. 509, as 
amended; 138; 30 U.S.C. 83, 121)



Sec. 2093.3-2  Lands to which applicable.

    The Act of July 17, 1914 is general and comprehensive and operates 
in all the States containing public lands of the character specified. It 
does not apply to lands in the State of Alaska, or to lands in the 
United States which for other reasons are not available or which, in 
other words, are not subject to entry. This statute fully covers the 
field included in the special Acts of August 24, 1912 (37 Stat. 496), 
providing for certain agricultural entries and selections on oil and gas 
lands in the State of Utah, and of February 27, 1913 (37 Stat. 687), 
authorizing selections by the State of Idaho of phosphate and oil lands 
in that State. This broad and general Act supersedes and displaces said 
special laws, and by implication works their repeal. Therefore, all 
entries, selections, or locations of lands of the character described in 
those special statutes made in the States mentioned on or after date of 
this general Act, July 17, 1914, will be treated as within the scope of 
the latter Act, and will be adjudicated thereunder. Also, all such 
entries, selections, or locations made under those special acts prior 
to, and not perfected at, that date will be carried to completion, 
approved, and patented, if at all, under the general Act.



Sec. 2093.3-3  Procedures.

    (a) General. The Act of July 17, 1914 in many respects resembles 
that of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), which provides for 
the protection of the surface rights of entrymen upon lands subsequently 
classified, claimed, or reported as coal lands, and also, that of June 
22, 1910 (36 Stat. 583; 30 U.S.C. 83-85), authorizing certain forms of 
agricultural entries and selections on withdrawn or classified coal 
lands. The general instructions under these acts as set forth in 
Secs. 2093.1 to 2093.2 may be followed, so far as applicable, in matters 
of practice and procedure.
    (b) Notations on applications and in orders of withdrawal. (1) All 
applications to locate, select, enter, or purchase lands under the Act 
of July 17, 1914, before being accepted and filed by the authorized 
officer, must have written, stamped, or printed upon their face the 
following:

    Application made in accordance with, and subject to the provisions 
and reservations of the Act of July 17, 1914 (38 Stat. 509).

    (2) Orders of withdrawal under the Reclamation Act of lands 
withdrawn, classified, or reported as valuable for the specified 
minerals with a view to passing title to the same in accordance with the 
terms of this Act, will state that such withdrawal is made in accordance 
with and subject to the provisions and reservations of the Act of July 
17, 1914.
    (c) Notice to entryman; action by entryman. (1) Where the Geological 
Survey reports that land embraced in a nonmineral entry or claim on 
which final proof has not been submitted or which has not been perfected 
is in an area in which valuable deposits of oil and gas may occur 
because of the absence of reliable evidence that the land is affected by 
geological structure unfavorable to oil and gas accumulation, the 
entryman or claimant will be notified thereof and allowed a reasonable 
time to apply for reclassification of the land as nonmineral, submitting 
a showing therewith, and to apply for a hearing in event 
reclassification is denied, or to appeal. He must be advised that, if a 
hearing is ordered, the burden of proof will be upon him, and also that, 
if he shall fail to take one of the actions indicated, his entry or 
claim and any patent issued pursuant thereto will be impressed with a 
reservation of oil and gas to the United States.
    (2) In a case where acceptable final proof has been submitted, or a 
claim has been perfected, and the Geological Survey thereafter makes 
report, as in the above or similar form, such report will not be relied 
upon as basis for a mineral reservation unless the Government is 
prepared to assume the burden of proving, prima facie, that the land was 
known to be of mineral character, at the date of acceptable final proof 
or when the claim was completed, according to the established criteria 
for determining mineral from nonmineral

[[Page 74]]

lands, among which may be those recognized by the Supreme Court in the 
case of United States v. Southern Pacific Company et al. (251 U.S. 1, 64 
L. ed. 97). If the Government is thus prepared to assume such burden of 
proof, the Bureau of Land Management will notify the entryman of the 
mineral classification and that a hearing will be ordered if he 
manifests disagreement with the classification within a reasonable 
period. The entryman or claimant will be advised that in the event 
hearing is had, the burden of proof will be upon the Government; also 
that, if he shall fail to make answer within the time allowed, the entry 
or claim and any patent issued pursuant thereto will be impressed with a 
reservation of oil or gas to the United States.
    (d) Applications to disprove classification of land; hearing 
thereon. (1) (i) The proviso to section 2 of the Act of July 17, 1914 
(38 Stat. 509; 30 U.S.C. 122), allows any qualified person to present an 
application to locate, select, enter, or purchase, under the land laws 
of the United States, lands which are withdrawn or classified as 
phosphate, nitrate, potash, oil, gas, or asphaltic minerals, with a view 
to obtaining a patent thereunder without reservation. An applicant under 
this proviso must submit with his application a request for a 
classification of the land as nonmineral, filing therewith a showing, 
preferably the statements of experts or practical miners, of the facts 
upon which is founded the knowledge or belief that the land applied for 
is not valuable for the mineral on account of which it was withdrawn or 
classified.
    (ii) Applications to locate, select, enter, or purchase lands so 
withdrawn or classified, which are not filed under the provisions of 
section 1 of the Act (38 Stat. 509; 30 U.S.C. 121), and are not 
accompanied by request for classification as nonmineral of the land 
applied for, and the evidence required herein to be filed with such 
request, will be rejected by the authorized officer and the applicant 
allowed 30 days from notice within which to amend his application to 
take a limited patent for the land in accordance with and subject to the 
provisions of the Act, or to file request for classification thereof as 
nonmineral, accompanied by the necessary evidence.
    (iii) If upon the showing made, and such other inquiry as may be 
deemed proper, a restoration of the land, where withdrawn, be secured, 
or a reclassification as nonmineral be made, where the land has been 
classified, the nonmineral application, in the absence of other 
objection, will be allowed.
    (iv) If the application be denied the applicant may, within 30 days 
from notice of such denial, apply to the land office for a hearing to 
disprove the classification. When a hearing is applied for, the 
authorized officer will proceed therewith under parts 1840 and 1850 of 
this chapter. If the applicant fails to apply for a hearing within the 
time allowed, the application to locate, select, enter or purchase will 
be finally rejected.
    (v) The rejection of the application, however, will not preclude the 
applicant from filing application to locate, select, enter or purchase 
the land in accordance with and subject to the provisions and 
reservations of said act.
    (2) (i) Under this proviso, persons who have located, entered, 
selected, or purchased lands subsequently withdrawn or classified as 
valuable for said mineral deposits, are allowed the privilege of 
showing, at any time before final entry, purchase, or approval of 
selection or location, that the lands are in fact nonmineral in 
character.
    (ii) Claimants to whom this provision is applicable may, therefore, 
file in the proper office application for a classification of the land 
as nonmineral, together with the evidence prescribed herein to be filed 
by an original applicant with his request for classification. If the 
application be denied, the claimant will be allowed 30 days from notice 
of such denial within which to make application to the office for a 
hearing to establish the nonmineral character of the land. When a 
hearing is applied for the authorized officer will proceed therewith 
under parts 1840 and 1850 of this chapter.
    (e) Burden of proof. (1) Where application is made to enter, locate, 
or select lands withdrawn or classified as valuable for or on account of 
any of the minerals specified in the Act of July 17, 1914 (38 Stat. 509; 
30 U.S.C. 121-123) as

[[Page 75]]

 supplemented by the Act of March 4, 1933 (47 Stat. 1570; 30 U.S.C. 
124), the burden of proof to show that said lands are not of the 
character of those intended to be withdrawn or that the classification 
as such was and is erroneous and improper in point of fact will rest 
upon and be borne by the applicant in the event that he shall undertake 
to establish, at a hearing ordered and held for that purpose, the truth 
of the allegations made by him in that behalf.
    (2) A withdrawal or classification will be deemed prima facie 
evidence of the character of the land covered thereby for the purposes 
of this act. Where any nonmineral application to select, locate, enter, 
or purchase has preceded the withdrawal or classification and is 
incomplete and unperfected at such date, the claimant, not then having 
obtained a vested right in the land, must take patent with a reservation 
or sustain the burden of showing at a hearing, if one be ordered, that 
the land is in fact nonmineral in character and therefore erroneously 
classified or not of the character intended to be included in the 
withdrawal. Where the agricultural claimant has completed and perfected 
his claim and becomes possessed of a vested right in the land, which 
subsequent thereto is withdrawn or classified, the burden will rest upon 
the Government to show that the land is in fact mineral in character and 
was so known at the date of final completion and perfection of the 
claim. (See Charles W. Pelham (39 L.D. 201).)



Sec. 2093.3-4  Patents.

    (a) Patent with reservation. Under section 3 of the Act of July 17, 
1914 (38 Stat. 510; 30 U.S.C. 123), any person who shall apply for lands 
which are subsequently withdrawn, classified or reported as being 
valuable for the specified minerals, and which are otherwise available 
may upon application therefor, and the making of satisfactory proof, 
receive a patent with a reservation. In this particular the statute is 
quite similar to that of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), and 
the disposition of such cases will follow the practice under that act 
insofar as the same is applicable.
    (b) Application for patent. Nonmineral claimants who are or may be 
affected by withdrawals or classifications made or which shall be made, 
subsequent to their locations, selections, entries, or purchases, upon 
submission of satisfactory proof of compliance with the laws under which 
they claim, unless the withdrawal be revoked or the classification set 
aside prior to the issuance of patent, or unless they show that the 
lands embraced in their claims are in fact nonmineral, shall be entitled 
to the patent authorized to be issued by section 3 of the Act of July 
17, 1914 (38 Stat. 510; 30 U.S.C. 123) upon the filing of an application 
therefor. Such claimant will be notified of his right to such a patent, 
and upon failure to file within 30 days his application therefor or to 
apply for a classification of the land as nonmineral, the entry will be 
canceled.
    (c) Reservations in patents. There will be incorporated in patents 
issued to nonmineral claimants under this act the following:

    Excepting and reserving, however, to the United States all the 
[deposit on account of which the lands are withdrawn, classified, or 
reported as valuable--phosphate, oil, or other mineral, as the case may 
be] in the lands so patented, and to it, or persons authorized by it, 
the right to prospect for, mine, and remove such deposits from the same 
upon compliance with the conditions and subject to the provisions and 
limitations of the Act of July 17, 1914 (38 Stat. 509).



Sec. 2093.3-5  Disposition of reserved deposits; protection of surface claimant.

    The Act of July 17, 1914, provides that the deposits reserved in 
agricultural patents issued thereunder shall be ``subject to disposal by 
the United States only as shall be hereafter expressly directed by 
law.'' Provisions are made in the Act for the protection of the surface 
owner against damage to his crops and improvements on the land by reason 
of prospecting for, mining, and removing such reserved mineral deposits.



Sec. 2093.4  Entries on coal, oil, and gas lands in Alaska.



Sec. 2093.4-1  Acts of March 8, 1922, and May 17, 1906, as amended.

    (a) The Act of March 8, 1922 (42 Stat. 415), as amended August 23, 
1958 (72 Stat. 730; 48 U.S.C. 376, 377), referred to

[[Page 76]]

 in Secs. 2094.4-1 to 2093.4-3 as ``the Act of 1922,'' provides that:
    (1) In Alaska, homestead, including soldiers' additional homestead, 
homesite, headquarters site, and trade and manufacturing site claims may 
be initiated by actual settlers on public lands which are known to 
contain workable coal, oil, or gas deposits or that may be valuable for 
the coal, oil, or gas contained therein, and which are not otherwise 
reserved or withdrawn;
    (2) Such claims initiated in good faith may be perfected under the 
appropriate public land laws and, upon satisfactory proof of full 
compliance with these laws, the claimant shall be entitled to patent to 
the lands entered by him, which patent shall contain a reservation to 
the United States of all the coal, oil, or gas in the land patented, 
together with the right to prospect for, mine, and remove the same; and
    (3) Should it be discovered at any time prior to the issuance of a 
final certificate on any claim initiated for unreserved lands in Alaska 
that the lands are coal, oil, or gas in character, the patent issued on 
such entry shall contain the reservation referred to in paragraph (a)(2) 
of this section.
    (b) The Act of May 17, 1906 (34 Stat. 197), as amended August 2, 
1956 (70 Stat. 954; 48 U.S.C. 357), permits, subject to the provisions 
of the Act of 1922, homestead allotments to Indians, Leuts, and Eskimos 
of vacant, unappropriated, and unreserved lands in Alaska that may be 
valuable for coal, oil, or gas deposits and the Act of August 17, 1961 
(75 Stat. 384), permits the Secretary of the Interior to sell under the 
provisions of section 2455 of the Revised Statutes (43 U.S.C. 1171), as 
amended, lands in Alaska known to contain workable coal, oil, or gas 
deposits, or that may be valuable for the coal, oil, or gas contained 
therein, and which are otherwise subject to sale under said section 
2455, as amended, upon the condition that the patent issued to the 
purchaser thereof shall contain the reservation required by section 2 of 
the Act of 1922. (See part 2710.)
    (c) Section 2 of the Act of 1922 provides:
    (1) The coal, oil, and gas deposits reserved under the act shall be 
subject to disposal by the United States in accordance with the 
provisions of the laws applicable to coal, oil, or gas deposits, or 
coal, oil, or gas lands in Alaska, in force at the time of such 
disposal;
    (2) Any person qualified to acquire coal, oil, or gas deposits, or 
the right to mine and remove the coal, or to drill for and remove the 
oil or gas under the laws of the United States shall have the right at 
all times (after the issuance of, and pursuant to, a lease or permit 
therefor) to enter upon the lands as provided by the act for the purpose 
of prospecting for coal, oil, or gas upon the approval, by the Secretary 
of the Interior, of a bond or undertaking to be filed with him as 
security for the payment of all damages to the crops and improvements on 
such lands by reason of such prospecting;
    (3) Any person who has acquired from the United States the coal, oil 
or gas deposits in any such land or the right to mine, drill for, or 
remove the same, may reenter and occupy so much of the surface thereof 
as may be required for all purposes reasonably incident to the mining 
and removal of the coal, oil, or gas therefrom, and mine and remove the 
coal or drill for and remove the oil or gas upon payment of the damages 
caused thereby to the owner thereof, or upon giving a good and 
sufficient bond or undertaking, in an action instituted in any competent 
court to ascertain and fix the said damages.
    (d) The Act of 1922 extends to Alaska the principles of the Acts of 
March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), June 22, 1910 (36 Stat. 583; 
30 U.S.C. 83-85), and July 17, 1914 (38 Stat. 509; 30 U.S.C. 121-123), 
which, among other things, govern agricultural entries on coal, oil, or 
gas lands in States other than Alaska. The general instructions under 
these acts relating to the reservation of coal, oil, or gas to the 
United States as set forth in this subpart will, therefore, be followed 
in matters of practice and procedure.



Sec. 2093.4-2  Rights of prior mineral permittees or lessees.

    If prior to the date of the initiation of a claim that is subject to 
the provisions of the Act of 1922, the land was embraced in an oil and 
gas lease, or a coal permit or lease, or an application

[[Page 77]]

for or offer of such a lease or permit, the land will be subject to the 
right of such prior mineral permittee or lessee, or of such prior 
applicant for or offeror of a mineral permit or lease, to occupy and use 
so much of the surface of the lands as may be reasonably required for 
mineral leasing operations, without liability to the entryman, allottee, 
or patentee for crop and improvement damages resulting from such mineral 
activity.



Sec. 2093.4-3  Obligations of subsequent mineral permittees or lessees.

    (a) Any coal permit applicant or noncompetitive oil and gas lease 
offeror whose application or offer was filed subsequent to the date of 
the initiation of a claim that is subject to the provisions of the Act 
of 1922 must file with the authorized officer of the proper office a 
waiver from, or a consent of, the claimant or a bond or undertaking on 
forms approved by the Director, for coal applicants and for oil and gas 
offerors for the payment of all damages to the crops and improvements on 
the lands caused by the prospecting.
    (b)  [Reserved]



Sec. 2093.5  Disposition of minerals reserved to the U.S. Government.



Sec. 2093.5-1  Act of December 29, 1916.

    (a) Reservation of rights. (1) Section 9 of the Act of December 29, 
1916 (39 Stat. 864; 43 U.S.C. 299), provides that all entries made and 
patents issued under its provisions shall contain a reservation to the 
United States of all coal and other minerals in the lands so entered and 
patented, together with the right to prospect for, mine, and remove the 
same; also that the coal and other mineral deposits in such lands shall 
be subject to disposal by the United States in accordance with the 
provisions of the coal and mineral land laws in force at the time of 
such disposal.
    (2) There will be incorporated in patents issued on homestead 
entries under this act the following:

    Excepting and reserving, however, to the United States all the coal 
and other minerals in the lands so entered and patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
all the coal and other minerals from the same upon compliance with the 
conditions, and subject to the provisions and limitations, of the Act of 
December 29, 1916 (39 Stat. 862).



           Subpart 2094--Special Resource Values; Shore Space

    Authority:  R.S. 2478, secs. 4, 5, 69 Stat. 444; 43 U.S.C. 1201, 48 
U.S.C. 462 note.

    Source:  35 FR 9540, June 13, 1970, unless otherwise noted.



Sec. 2094.0-3  Authority.

    Section 1 of the Act of May 14, 1898 (30 Stat. 409) as amended by 
the Acts of March 3, 1903 (32 Stat. 1028) and August 3, 1955 (69 Stat. 
444; 48 U.S.C. 371) provides that no entry shall be allowed extending 
more than 160 rods along the shore of any navigable water. Section 10 of 
the Act of May 14, 1898, as amended by the Acts of March 3, 1927 (44 
Stat. 1364), May 26, 1934 (48 Stat. 809), and August 3, 1955 (69 Stat. 
444), provides that trade and manufacturing sites, rights-of-way for 
terminals and junction points, and homesites and headquarters sites may 
not extend more than 80 rods along the shores of any navigable water.



Sec. 2094.0-5  Definitions.

    The term navigable waters is defined in section 2 of the Act of May 
14, 1898 (30 Stat. 409; 48 U.S.C. 411), to include all tidal waters up 
to the line of ordinary high tide and all nontidal waters navigable in 
fact up to the line of ordinary highwater mark.



Sec. 2094.1  Methods of measuring; restrictions.

    (a) In the consideration of applications to enter lands shown upon 
plats of public surveys in Alaska, as abutting upon navigable waters, 
the restriction as to length of claims shall be determined as follows: 
The length of the water front of a subdivision will be considered as 
represented by the longest straight-line distance between the shore 
corners of the tract, measured along lines parallel to the boundaries of 
the subdivision; and the sum of the distances of each subdivision of the 
application abutting on the water, so determined, shall be considered as 
the total shore length of the application. Where, so measured, the 
excess of shore length is greater than the deficiency

[[Page 78]]

would be if an end tract or tracts were eliminated, such tract or tracts 
shall be excluded, otherwise the application may be allowed if in other 
respects proper.
    (b) The same method of measuring shore space will be used in the 
case of special surveys, where legal subdivisions of the public lands 
are not involved.
    (c) The following sketch shows the method of measuring the length of 
shore space, the length of line A or line B, whichever is the longer, 
representing the length of shore space which is chargeable to the tract:
[GRAPHIC] [TIFF OMITTED] TC01FE91.076



Sec. 2094.2  Waiver of 160-rod limitation.

    (a) The Act of June 5, 1920 (41 Stat. 1059; 48 U.S.C. 372) provides 
that the Secretary of the Interior in his discretion, may upon 
application to enter or otherwise, waive the restriction that no entry 
shall be allowed extending more than 160 rods along the shore of any 
navigable waters as to such lands as he shall determine are not 
necessary for harborage, landing, and wharf purposes. The act does not 
authorize the waiver of the 80-rod restriction, mentioned in 
Sec. 2094.0-3.
    (b) Except as to trade and manufacturing sites, and home and 
headquarters sites, any applications to enter and notices of settlement 
which cover lands extending more than 160 rods along the shore of any 
navigable water will be considered as a petition for waiver of the 160-
rod limitation mentioned in paragraph (a) of this section, provided that 
it is accompanied by a showing that the lands are not necessary for 
harborage, landing and wharf purposes and that the public interests will 
not be injured by waiver of the limitation.



                        Group 2100--Acquisitions



PART 2110--GIFTS--Table of Contents




                      Subpart 2110--Gifts; General

Sec.
2110.0-1  Purpose.
2110.0-3  Authority.

                        Subpart 2111--Procedures

2111.1  Offer to convey.
2111.1-1  Place of offering.
2111.1-2  Designation of authority and description of property.
2111.1-3  Statement of ownership encumbrances.
2111.2  Acceptance of offer.
2111.3  Deed of conveyance.
2111.4  Status of lands.

    Authority:  Sec. 2, 48 Stat. 1270, R.S. 2478, as amended, sec. 8, 48 
Stat. 1272, as amended; 43 U.S.C. 315a, 1201, 315g.



                      Subpart 2110--Gifts; General



Sec. 2110.0-1  Purpose.

    The Secretary of the Interior may accept as a gift, lands, with or 
without improvements thereon, with or without limitations or conditions 
as to the future use and disposition thereof, in fee simple or any 
interest less than fee, where possession of such land or interest will 
promote the purposes of a grazing district or facilitate the 
administration or contribute to the improvement, management, use or 
protection of public lands and their resources. The authority of the 
Secretary is discretionary and acceptance of offers rests,

[[Page 79]]

among other things, upon a determination that the public interest will 
be served thereby.
[35 FR 9545, June 13, 1970]



Sec. 2110.0-3  Authority.

    (a) Section 8(a) of the Taylor Grazing Act. Section 8(a) of the 
Taylor Grazing Act of June 28, 1934 (48 Stat. 1272; 43 U.S.C. 315g), as 
amended, authorizes the Secretary of the Interior to accept on behalf of 
the United States, any lands within or without the exterior boundaries 
of a grazing district as a gift, where such action will promote the 
purposes of a district or facilitate the administration of the public 
lands.
    (b) Section 103(a) of the Public Land Administration Act. Section 
103(a) of the Public Land Administration Act of July 14, 1960 (74 Stat. 
506; 43 U.S.C. 1364), authorizes the Secretary to accept contributions 
or donations of real or mixed property, including rights-of-way, for the 
improvement, management, use and protection of the public lands and 
their resources administered by the Bureau of Land Management.
    (c) Section 5 of the King Range Conservation Area Act (16 U.S.C. 
460y) authorizes the Secretary to accept land or interest in land within 
the area by donation.
    (d) Section 6(f) of the Wild and Scenic Rivers Act (16 U.S.C. 
1277(f)) authorizes the Secretary to accept donations of lands and 
interests in land, funds and other property for use in connection with 
his administration of the national wild and scenic rivers system.
[35 FR 9545, June 13, 1970, as amended at 41 FR 15851, Apr. 15, 1976; 41 
FR 29122, July 15, 1976]



                        Subpart 2111--Procedures

    Source:  35 FR 9545, June 13, 1970, unless otherwise noted.



Sec. 2111.1  Offer to convey.



Sec. 2111.1-1  Place of offering.

    Any person desiring to make a gift, contribution, or donation of 
land or interest in land to the United States should submit an offer to 
convey and transfer said property to the United States voluntarily. The 
offer should be transmitted to the proper land office in accordance with 
the provisions of Sec. 1821.2 of this chapter.



Sec. 2111.1-2  Designation of authority and description of property.

    The offer should designate the statute under which the gift is to be 
made and should describe the lands by legal subdivisions of the public 
land surveys, if possible, with a description of any permanent 
improvements fixed to the land. Any limitations on title should be fully 
detailed and any conditions as to future use and disposition of the land 
should be set forth.



Sec. 2111.1-3  Statement of ownership encumbrances.

    The offer should be accompanied by a statement showing that the 
offeror is the record owner in fee of lands so offered, free and clear 
of all encumbrances; that there are no persons claiming the land 
adversely to the offeror; whether there are any unpaid taxes or 
assessments levied or assessed against the offered land or that could 
operate as a lien thereon; whether there is a tax or assessment due on 
such lands or that could operate as a lien thereon, but which tax or 
assessment is not yet payable; and that there are no unredeemed tax 
deeds outstanding against the lands.



Sec. 2111.2  Acceptance of offer.

    Where the authorized officer finds that acceptance of the offered 
lands is in consonance with the program set forth in Sec. 2110.0-1, he 
shall advise the offeror of the acceptance of the offer and request the 
offeror to submit a voluntary deed of conveyance to the United States of 
the land offered, together with an affidavit that the offeror has not 
conveyed or encumbered the land in any manner from the time of making 
the offer up to and including the date of recordation of the deed.



Sec. 2111.3  Deed of conveyance.

    The deed of conveyance to the United States must be executed, 
acknowledged, and duly recorded in accordance with the laws of the State 
in which the

[[Page 80]]

lands are situated. The deed should recite that it is made as a gift, as 
authorized by statute appropriately designated. Where such deed is made 
by an individual, it must show whether the person making the conveyance 
is married or single. If married, the spouse of the donor must join in 
the execution and acknowledgment of the deed in such manner as to bar 
effectually any right of courtesy or dower, or any claim whatsoever to 
land conveyed, or it must be fully and satisfactorily shown that under 
the laws of the State in which the land conveyed is situated, such 
spouse has no interest, present or prospective, which makes his or her 
joining in the deed of conveyance necessary. Where the deed of 
conveyance is by a corporation, the order or direction of the board of 
directors or other governing body should be recited in the deed, and a 
copy thereof must accompany the instrument of transfer. Both the deed 
and the instrument must bear the impression of the corporate seal.



Sec. 2111.4  Status of lands.

    Upon acceptance of the deed of conveyance, the lands or interests so 
conveyed will become property of the United States but will not become 
subject to applicable land and mineral laws of this title unless and 
until an order to that effect is issued by the authorized officer.



PART 2130--ACQUISITION OF LANDS OR INTERESTS IN LANDS BY PURCHASE OR CONDEMNATION--Table of Contents




Subpart 2130--Acquisition of Lands or Interests in Lands by Purchase or 
                          Condemnation: General

Sec.
2130.0-3  Authority.
2130.1--2130.3  [Reserved]
2130.4  Acquisition of lands in King Range Conservation Area.
2130.4-1  Purchase.

        Subpart 2137--Condemnation of Lands or Interests in Lands

2137.0-7  Appraisals.
2137.0-8  [Reserved]
2137.0-9  Reasons for condemnation.

    Source:  41 FR 15851, Apr. 15, 1976, unless otherwise noted.



Subpart 2130--Acquisition of Lands or Interests in Lands by Purchase or 
                          Condemnation: General



Sec. 2130.0-3  Authority.

    The Act of October 21, 1970, (16 U.S.C. 460y) provides for the 
establishment of the King Range National Conservation Area and 
authorizes the Secretary of the Interior to acquire by purchase any land 
or interest in land within the area pursuant to the Act.



Secs. 2130.1--2130.3  [Reserved]



Sec. 2130.4  Acquisition of lands in King Range Conservation Area.



Sec. 2130.4-1  Purchase.

    If the Secretary of the Interior determines that the acquisition of 
land or interest in land is desirable for consolidation of public lands 
within the Area he may acquire land or interest in land within the King 
Range National Conservation Area by purchase with donated funds 
appropriated specifically for that purpose.



        Subpart 2137--Condemnation of Lands or Interests in Lands



Sec. 2137.0-7  Appraisals.

    Prior to initiation of condemnation proceedings, the property will 
be appraised pursuant to approved Bureau procedures to determine its 
fair market value and an offer made to purchase it at that appraised 
price.



Sec. 2137.0-8  [Reserved]



Sec. 2137.0-9  Reasons for condemnation.

    Incompatible use. The power of eminent domain will be exercised only 
if the Secretary finds that the use to which the land is being put is 
incompatible with the purposes of the King Range National Conservation 
Area Act or the management plan prepared in accordance with the Act, and 
if efforts to acquire the land by other means have failed.

[[Page 81]]



                          Group 2200--Exchanges



PART 2200--EXCHANGES: GENERAL PROCEDURES--Table of Contents




                    Subpart 2200--Exchanges--General

Sec.
2200.0-2  Objective.
2200.0-4  Responsibilities.
2200.0-5  Definitions.
2200.0-6  Policy.
2200.0-7  Scope.
2200.0-9  Information Collection.

             Subpart 2201--Exchanges--Specific Requirements

2201.1  Agreement to initiate an exchange.
2201.1-1  Assembled land exchanges.
2201.1-2  Segregative effect.
2201.1-3  Assumption of costs.
2201.2  Notice of exchange proposal.
2201.3  Appraisals.
2201.3-1  Appraiser qualifications.
2201.3-2  Market value.
2201.3-3  Appraisal report standards.
2201.3-4  Appraisal review.
2201.4  Bargaining; arbitration.
2201.5  Exchanges at approximately equal value.
2201.6  Value equalization; cash equalization waiver.
2201.7  Approval of exchanges.
2201.7-1  Notice of decision.
2201.7-2  Exchange agreement.
2201.8  Title standards.
2201.9  Case closing.

            Subpart 2202--Exchanges: National Forest Exchange

2202.1  Applicable regulations.

       Subpart 2203--Exchanges Involving Fee Federal Coal Deposits

2203.0-6  Policy.
2203.0-9  Cross references.
2203.1  Opportunity for public comment and public meeting on exchange 
          proposal.
2203.2  Submission of information concerning proposed exchange.
2203.3  Public meeting.
2203.4  Consultation with the Attorney General.
2203.5  Action on advice of the Attorney General.

    Authority:  43 U.S.C. 1716, 1740.

    Source:  46 FR 1638, Jan. 6, 1981, unless otherwise noted.



                    Subpart 2200--Exchanges--General

    Source:  58 FR 60918, Nov. 18, 1993, unless otherwise noted.



Sec. 2200.0-2  Objective.

    The objective is to encourage and expedite the exchange of Federal 
lands for non-Federal lands, found to be in the public interest, in 
accordance with applicable statutory policies, standards and 
requirements.



Sec. 2200.0-4  Responsibilities.

    The Director of the Bureau of Land Management has the responsibility 
of carrying out the functions of the Secretary of the Interior under 
these regulations.



Sec. 2200.0-5  Definitions.

    As used in this part:
    (a) Adjustment to relative values means compensation for exchange-
related costs, or other responsibilities or requirements assumed by one 
party, which ordinarily would be borne by the other party. These 
adjustments do not alter the agreed upon value of the lands involved in 
an exchange.
    (b) Agreement to initiate means a written, nonbinding statement of 
present intent to initiate and pursue an exchange, which is signed by 
the parties and which may be amended by the written consent of the 
parties or terminated at any time upon written notice by any party.
    (c) Appraisal or Appraisal report means a written statement 
independently and impartially prepared by a qualified appraiser setting 
forth an opinion as to the market value of the lands or interests in 
lands as of a specific date(s), supported by the presentation and 
analysis of relevant market information.
    (d) Approximately equal value determination means a decision that 
the lands involved in an exchange have readily apparent and 
substantially similar elements of value, such as location, size, use, 
physical characteristics, and other amenities.
    (e) Arbitration means a process to resolve a disagreement among the 
parties as to appraised value, performed by an

[[Page 82]]

arbitrator appointed by the Secretary from a list recommended by the 
American Arbitration Association.
    (f) Assembled land exchange means the consolidation of multiple 
parcels of Federal and/or non-Federal lands for purposes of one or more 
exchange transactions over a period of time.
    (g) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority and responsibility to 
make decisions and perform the duties described in this part.
    (h) Bargaining means a process, other than arbitration, by which 
parties attempt to resolve a dispute concerning the appraised value of 
the lands involved in an exchange.
    (i) Federal lands means any lands or interests in lands, such as 
mineral or timber interests, that are owned by the United States and 
administered by the Secretary of the Interior through the Director of 
the Bureau of Land Management, without regard to how the United States 
acquired ownership, except: (1) Lands located on the Outer Continental 
Shelf; and (2) lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (j) Hazardous substances means those substances designated under 
Environmental Protection Agency regulations at 40 CFR part 302.
    (k) Highest and best use means the most probable legal use of a 
property, based on market evidence as of the date of valuation, 
expressed in an appraiser's supported opinion.
    (l) Lands means any land and/or interests in land.
    (m) Ledger account means an accounting mechanism that tracks the 
differential in dollar value of lands conveyed throughout a series of 
transactions. A ledger reports each transaction by date, value of 
Federal land, value of non-Federal land, the difference between these 
values upon completion of each transaction, and a cumulative balance and 
differential.
    (n) Market value means the most probable price in cash, or terms 
equivalent to cash, that lands or interests in lands should bring in a 
competitive and open market under all conditions requisite to a fair 
sale, where the buyer and seller each acts prudently and knowledgeably, 
and the price is not affected by undue influence.
    (o) Mineral laws means the mining laws, mineral leasing laws, and 
the Geothermal Steam Act, but not the Materials Sales Act, administered 
by the Secretary of the Interior through the Bureau of Land Management.
    (p) Outstanding interests means rights or interests in property held 
by an entity other than a party to an exchange.
    (q) Party means the United States or any person, State or local 
government who enters into an agreement to initiate an exchange.
    (r) Person means any individual, corporation, or other legal entity 
legally capable to hold title to and convey land. An individual must be 
a citizen of the United States and a corporation must be subject to the 
laws of the United States or of the State where the land is located or 
the corporation is incorporated.
    (s) Public land laws means that body of general land laws 
administered by the Secretary of the Interior through the Bureau of Land 
Management, excepting, however, the mineral laws.
    (t) Reserved interest means an interest in real property retained by 
a party from a conveyance of the title to that property.
    (u) Resource values means any of the various commodity values (e.g., 
timber or minerals) or non-commodity values (e.g., wildlife habitat or 
scenic vistas), indigenous to particular land areas, surface and 
subsurface.
    (v) Secretary means the Secretary of the Interior or the individual 
to whom the authority and responsibilities of that official, as to 
matters considered in this part, have been delegated.
    (w) Segregation means the removal for a limited period, subject to 
valid existing rights, of a specified area of the Federal lands from 
appropriation under the public land laws and mineral laws, pursuant to 
the authority of the Secretary of the Interior to allow for the orderly 
administration of the Federal lands.
    (x) Statement of value means a written report prepared by a 
qualified appraiser that states the appraiser's conclusion(s) of value.

[[Page 83]]



Sec. 2200.0-6  Policy.

    (a) Discretionary nature of exchanges. The Secretary is not required 
to exchange any Federal lands. Land exchanges are discretionary, 
voluntary real estate transactions between the Federal and non-Federal 
parties. Unless and until the parties enter into a binding exchange 
agreement, any party may withdraw from and terminate an exchange 
proposal or an agreement to initiate an exchange at any time during the 
exchange process, without any obligation to reimburse, or incur any 
liability to, any party, person or other entity.
    (b) Determination of public interest. The authorized officer may 
complete an exchange only after a determination is made that the public 
interest will be well served. When considering the public interest, the 
authorized officer shall give full consideration to the opportunity to 
achieve better management of Federal lands, to meet the needs of State 
and local residents and their economies, and to secure important 
objectives, including but not limited to: Protection of fish and 
wildlife habitats, cultural resources, watersheds, wilderness and 
aesthetic values; enhancement of recreation opportunities and public 
access; consolidation of lands and/or interests in lands, such as 
mineral and timber interests, for more logical and efficient management 
and development; consolidation of split estates; expansion of 
communities; accommodation of land use authorizations; promotion of 
multiple-use values; and fulfillment of public needs. In making this 
determination, the authorized officer must find that:
    (1) The resource values and the public objectives that the Federal 
lands or interests to be conveyed may serve if retained in Federal 
ownership are not more than the resource values of the non-Federal lands 
or interests and the public objectives they could serve if acquired, and
    (2) The intended use of the conveyed Federal lands will not, in the 
determination of the authorized officer, significantly conflict with 
established management objectives on adjacent Federal lands and Indian 
trust lands. Such finding and the supporting rationale shall be made 
part of the administrative record.
    (c) Equal value exchanges. Except as provided in Sec. 2201.5 of this 
part, lands or interests to be exchanged shall be of equal value or 
equalized in accordance with the methods set forth in Sec. 2201.6 of 
this part. An exchange of lands or interests shall be based on market 
value as determined by the Secretary through appraisal(s), through 
bargaining based on appraisal(s), or through arbitration.
    (d) Same-State exchanges. The Federal and non-Federal lands involved 
in an exchange authorized pursuant to the Federal Land Policy and 
Management Act of 1976, as amended, shall be located within the same 
State.
    (e) O and C land exchanges. Non-Federal lands acquired in exchange 
for revested Oregon and California Railroad Company Grant lands or 
reconveyed Coos Bay Wagon Road Grant lands are required to be located 
within any one of the 18 counties in which the original grants were 
made, and, upon acquisition by the United States, automatically shall 
assume the same status as the lands for which they were exchanged.
    (f) Congressional designations. Upon acceptance of title by the 
United States, lands acquired by an exchange that are within the 
boundaries of any unit of the National Forest System, National Park 
System, National Wildlife Refuge System, National Wild and Scenic Rivers 
System, National Trails System, National Wilderness Preservation System, 
or any other system established by Act of Congress; the California 
Desert Conservation Area; or any national conservation or national 
recreation area established by Act of Congress, immediately are reserved 
for and become part of the unit or area within which they are located, 
without further action by the Secretary, and thereafter shall be managed 
in accordance with all laws, rules, regulations, and land use plans 
applicable to such unit or area.
    (g) Land and resource management planning. The authorized officer 
shall consider only those exchange proposals that are in conformance 
with land use

[[Page 84]]

plans or plan amendments, where applicable. Lands acquired by an 
exchange within a Bureau of Land Management district shall automatically 
become public lands as defined in 43 U.S.C. 1702 and shall become part 
of that district. The acquired lands shall be managed in accordance with 
existing regulations and provisions of applicable land use plans and 
plan amendments. Lands acquired by an exchange that are located within 
the boundaries of areas of critical environmental concern or any other 
area having an administrative designation established through the land 
use planning process shall automatically become part of the unit or area 
within which they are located, without further action by the Bureau of 
Land Management, and shall be managed in accordance with all laws, 
rules, regulations, and land use plans applicable to such unit or area.
    (h) Environmental analysis. After an agreement to initiate an 
exchange is signed, an environmental analysis shall be conducted by the 
authorized officer in accordance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4371), the Council on Environmental Quality 
regulations (40 CFR parts 1500-1508), and the environmental policies and 
procedures of the Department of the Interior and the Bureau of Land 
Management. In making this analysis, the authorized officer shall 
consider timely written comments received in response to the published 
exchange notice, pursuant to Sec. 2201.2 of this part.
    (i) Reservations or restrictions in the public interest. In any 
exchange, the authorized officer shall reserve such rights or retain 
such interests as are needed to protect the public interest or shall 
otherwise restrict the use of Federal lands to be exchanged, as 
appropriate. The use or development of lands conveyed out of Federal 
ownership are subject to any restrictions imposed by the conveyance 
documents and all laws, regulations, and zoning authorities of State and 
local governing bodies.
    (j) Hazardous substances--(1) Federal lands. The authorized officer 
shall determine whether hazardous substances may be present on the 
Federal lands involved in an exchange and shall provide notice of known 
storage, release, or disposal of hazardous substances on the Federal 
lands to the other parties in accordance with the provisions of 40 CFR 
part 373. The authorized officer shall provide this notice in the 
exchange agreement. The authorized officer shall also provide such 
notice, to the extent information is readily available, in the agreement 
to initiate an exchange. Unless the non-Federal party is a potentially 
responsible party under 42 U.S.C. 9607(a), the conveyance document from 
the United States shall contain a covenant in accordance with 42 U.S.C. 
9620(h)(3). Where the non-Federal party is a potentially responsible 
party with respect to the property, it may be appropriate to enter into 
an agreement, as referenced in 42 U.S.C. 9607(e), whereby that party 
would indemnify the United States and hold the United States harmless 
against any loss or cleanup costs after conveyance.
    (2) Non-Federal lands. The non-Federal party shall notify the 
authorized officer of any known, suspected and/or reasonably 
ascertainable storage, release, or disposal of hazardous substances on 
the non-Federal land pursuant to Sec. 2201.1 of this part. 
Notwithstanding such notice, the authorized officer shall determine 
whether hazardous substances are known to be present on the non-Federal 
land involved in an exchange. If hazardous substances are known or 
believed to be present on the non-Federal land, the authorized officer 
shall reach an agreement with the non-Federal party regarding the 
responsibility for appropriate response action concerning the hazardous 
substances before completing the exchange. The terms of this agreement 
and any appropriate ``hold harmless'' agreement shall be included in an 
exchange agreement, pursuant to Sec. 2201.7-2 of this part.
    (k) Legal description of properties. All lands subject to an 
exchange shall be properly described on the basis of either a survey 
executed in accordance with the Public Land Survey System laws and 
standards of the United States or, if those laws and standards cannot be 
applied, the lands shall be properly described and clearly locatable by 
other means as may be prescribed or allowed by law.

[[Page 85]]

    (l) Unsurveyed school sections. For purposes of exchange only, 
unsurveyed school sections, which would become State lands upon survey 
by the Secretary, are considered as ``non-Federal'' lands and may be 
used by the State in an exchange with the United States. However, 
minerals shall not be reserved by the State when unsurveyed sections are 
used in an exchange. As a condition of the exchange, the State shall 
have waived, in writing, all rights to unsurveyed sections used in the 
exchange.
    (m) Coordination with State and local governments. At least 60 days 
prior to the conveyance of and upon issuance of the deed or patent for 
Federal lands, the authorized officer will notify the Governor of the 
State within which the Federal lands covered by the notice are located 
and the head of the governing body of any political subdivision having 
zoning or other land use regulatory authority in the geographical area 
within which the Federal lands are located.
    (n) Fee coal exchanges. As part of the consideration of whether 
public interest would be served by the acquisition of fee coal through 
exchange, the provisions of subpart 3461 of this title shall be applied 
and shall be evaluated as a factor and basis for the exchange.



Sec. 2200.0-7  Scope.

    (a) These rules set forth the procedures for conducting exchanges of 
Federal lands. The procedures in these rules are supplemented by the 
Bureau of Land Management Manuals and Handbooks 2200 and 9310. The 
contents of these supplemental materials are not considered to be a part 
of these rules.
    (b) These rules apply to all exchanges involving Federal lands, as 
defined herein, except to the extent they are inconsistent with the 
authorities listed in parts 2210, 2240, 2250, and 2270 of this title. 
These rules also apply to the exchange of interests in either Federal or 
non-Federal lands, including, but not limited to, minerals, water 
rights, and timber.
    (c) The application of these rules to exchanges made under the 
authority of the Alaska Native Claims Settlement Act, as amended (43 
U.S.C. 1621) or the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192), shall be limited to those provisions that do not conflict 
with the provisions of these Acts.
    (d) Pending exchanges initiated prior to December 17, 1993 shall 
proceed in accordance with this rule unless:
    (1) In the judgment of the authorized officer, it would be more 
expeditious to continue following the procedures in effect prior to 
December 17, 1993; or
    (2) A binding agreement to exchange was in effect prior to December 
17, 1993; and
    (3) To proceed as provided in paragraphs (d) (1) or (2) of this 
section would not be inconsistent with applicable law.
    (e) Exchanges proposed by persons holding fee title to coal deposits 
that qualify for exchanges under the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1260(b)(5)) and as provided in 
subpart 3436 of this title shall be processed in accordance with this 
part, except as otherwise provided in subpart 3436 of this title.



Sec. 2200.0-9  Information collection.

    (a) The collection of information contained in part 2200 of Group 
2200 has been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1004-0056. The 
information will be used to initiate and complete land exchanges with 
the Bureau of Land Management. Responses are required to obtain benefits 
in accordance with the Federal Land Policy and Management Act of 1976, 
as amended.
    (b) Public reporting burden for this information is estimated to 
average 4 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Comments regarding this burden estimate or any other aspect 
of this collection of information, including suggestions for reducing 
the burden, should be sent to the Division of Information Resources 
Management (870), Bureau of Land Management, 1849 C Street, NW., 
Washington, DC 20240; and the Paperwork Reduction Project

[[Page 86]]

(1004-0056), Office of Management and Budget, Washington, DC 20503.



              Subpart 2201--Exchange--Specific Requirements



Sec. 2201.1  Agreement to initiate an exchange.

    (a) Exchanges may be proposed by the Bureau of Land Management or by 
any person, State, or local government. Initial exchange proposals 
should be directed to the authorized officer responsible for the 
management of Federal lands involved in an exchange.
    (b) To assess the feasibility of an exchange proposal, the 
prospective parties may agree to obtain a preliminary estimate of the 
values of the lands involved in the proposal. The preliminary estimate 
is generally not an appraisal but shall be prepared by a qualified 
appraiser.
    (c) If the authorized officer agrees to proceed with an exchange 
proposal, a nonbinding agreement to initiate an exchange shall be 
executed by all prospective parties. At a minimum, the agreement shall 
include:
    (1) The identity of the parties involved in the proposed exchange 
and the status of their ownership or ability to provide title to the 
land;
    (2) A description of the lands or interest in lands being considered 
for exchange;
    (3) A statement by each party, other than the United States and 
State and local governments, certifying that the party is a citizen of 
the United States or a corporation or other legal entity subject to the 
laws of the United States or a State thereof;
    (4) A description of the appurtenant rights proposed to be exchanged 
or reserved; any authorized uses including grants, permits, easements, 
or leases; and any known unauthorized uses, outstanding interests, 
exceptions, adverse claims, covenants, restrictions, title defects or 
encumbrances;
    (5) A time schedule for completing the proposed exchange;
    (6) An assignment of responsibility for performance of required 
functions and for costs associated with processing the exchange;
    (7) A statement specifying whether compensation for costs assumed 
will be allowed pursuant to the provisions of Sec. 2201.1-3 of this 
part;
    (8) Notice of any known release, storage, or disposal of hazardous 
substances on involved Federal or non-Federal lands, and any commitments 
regarding responsibility for removal or other remedial actions 
concerning such substances on involved non-Federal lands. All such terms 
and conditions regarding non-Federal lands shall be included in a land 
exchange agreement pursuant to Sec. 2201.7-2 of this part;
    (9) A grant of permission by each party to conduct a physical 
examination of the lands offered by the other party;
    (10) The terms of any assembled land exchange arrangement, pursuant 
to Sec. 2201.1-1 of this part;
    (11) A statement as to any arrangements for relocation of any 
tenants occupying non-Federal land, pursuant to Sec. 2201.8 (c)(1)(iv) 
of this part;
    (12) A notice to an owner-occupant of the voluntary basis for the 
acquisition of the non-Federal lands, pursuant to Sec. 2201.8 (c)(1)(iv) 
of this part; and
    (13) A statement as to the manner in which documents of conveyance 
will be exchanged, should the exchange proposal be successfully 
completed.
    (d) Unless the parties agree to some other schedule, no later than 
90 days from the date of the executed agreement to initiate an exchange, 
the parties shall arrange for appraisals, which are to be completed 
within timeframes and under such terms as are negotiated. In the absence 
of current market information reliably supporting value, the parties may 
agree to use other acceptable and commonly recognized methods to 
estimate value.
    (e) An agreement to initiate an exchange may be amended by written 
consent of the parties or terminated at any time upon written notice by 
any party.
    (f) Entering into an agreement to initiate an exchange does not 
legally bind any party to proceed with processing or to consummate a 
proposed exchange, or to reimburse or pay damages to any party to a 
proposed exchange that is delayed or is not consummated or to anyone 
assisting in any way, or doing business with, any such party.

[[Page 87]]

    (g) The withdrawal from, and termination of, an exchange proposal, 
or an agreement to initiate an exchange, by the authorized officer at 
any time prior to the notice of decision, pursuant to Sec. 2201.7-1 of 
this part, is not protestable or appealable under 43 CFR part 4.



Sec. 2201.1-1  Assembled land exchanges.

    (a) Whenever the authorized officer determines it to be practicable, 
an assembled land exchange arrangement may be used to facilitate 
exchanges and reduce costs.
    (b) The parties to an exchange may agree to such an arrangement 
where multiple parcels of Federal and/or non-Federal lands are 
consolidated into a package for the purpose of completing one or more 
exchange transactions over a period of time.
    (c) An assembled land exchange arrangement shall be documented in 
the agreement to initiate an exchange, pursuant to Sec. 2201.1 of this 
part.
    (d) Values of the Federal and non-Federal lands involved in an 
assembled exchange arrangement shall be estimated pursuant to 
Sec. 2201.3 of this part.
    (e) If more than one transaction is necessary to complete the 
exchange package, the parties shall establish a ledger account under 
which the Federal and non-Federal lands can be exchanged. When a ledger 
account is used, the authorized officer shall:
    (1) Assure that the value difference between the Federal and non-
Federal lands does not exceed 25 percent of the total value of the 
Federal lands conveyed in the assembled land exchange up to and 
including the current transaction;
    (2) Assure that the values of the Federal and non-Federal lands 
conveyed are balanced with land and/or money at least every 3 years 
pursuant to Sec. 2201.6 of this part; and
    (3) If necessary, require from the non-Federal party a deposit of 
cash, bond or other approved surety in an amount equal to any 
outstanding value differential.
    (4) Assembled land exchanges are subject to the value equalization 
and cash equalization waiver provisions of Sec. 2201.6 of this part. 
Cash equalization waiver shall only be used in conjunction with the 
final transaction of the assembled land exchange and the termination of 
any ledger account used.
    (f) The assembled exchange arrangement may be terminated 
unilaterally at any time upon written notice by any party or upon 
depletion of the Federal or non-Federal lands assembled. Prior to 
termination, values shall be equalized pursuant to Sec. 2201.6 of this 
part.



Sec. 2201.1-2  Segregative effect.

    (a) If a proposal is made to exchange Federal lands, the authorized 
officer may direct the appropriate State Office of the Bureau of Land 
Management to segregate the Federal lands by a notation on the public 
land records. Subject to valid existing rights, the Federal lands shall 
be segregated from appropriation under the public land laws and mineral 
laws for a period not to exceed 5 years from the date of record 
notation.
    (b) Any interests of the United States in the non-Federal lands that 
are covered by the exchange proposal may be segregated from 
appropriation under the mineral laws for a period not to exceed 5 years 
from the date of notation by noting the public land status records.
    (c) The segregative effect shall terminate upon the occurrence of 
any of the following events, whichever occurs first:
    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (2) On the date and time specified in an opening order, such order 
to be promptly issued and published by the appropriate State Office of 
the Bureau of Land Management in the Federal Register, if a decision is 
made not to proceed with the exchange or upon removal of any lands from 
an exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation of the public land records.
    (d) Upon conveyance of public lands under section 206 of the Federal 
Land Policy and Management Act, mineral interests reserved by the United

[[Page 88]]

States, together with the right to prospect for, mine and remove the 
minerals, shall be removed from the operation of the mining laws pending 
issuance of such regulations as the Secretary may prescribe.



Sec. 2201.1-3  Assumption of costs.

    (a) Generally, parties to an exchange will bear their own costs of 
the exchange. However, if the authorized officer finds it is in the 
public interest, subject to the conditions and limitations specified in 
paragraphs (b) and (c) of this section, an agreement to initiate an 
exchange may provide that:
    (1) One or more of the parties may assume, without compensation, all 
or part of the costs or other responsibilities or requirements that the 
authorized officer determines would ordinarily be borne by the other 
parties; or
    (2) The parties may agree to make adjustments to the relative values 
involved in an exchange transaction in order to compensate parties for 
assuming costs or other responsibilities or requirements that the 
authorized officer determines would ordinarily be borne by the other 
parties. These costs or services may include but are not limited to: 
Land surveys, appraisals, mineral examinations, timber cruises, title 
searches, title curative actions, cultural resource surveys and 
mitigation, hazardous substance surveys and controls, removal of 
encumbrances, arbitration including all fees, bargaining, cure of 
deficiencies preventing highest and best use of the land, conduct of 
public hearings, assemblage of non-Federal parcels from multiple 
ownerships, expenses of complying with laws, regulations, and policies 
applicable to exchange transactions, and expenses that are necessary to 
bring the Federal and non-Federal lands involved in the exchange to 
their highest and best use for appraisal and exchange purposes.
    (b) The authorized officer may agree to assume without compensation 
costs ordinarily borne under local custom or practice by the non-Federal 
party or to compensate the non-Federal party for costs ordinarily borne 
under local custom or practice by the United States but incurred by the 
non-Federal party, but only when it is clearly in the public interest 
and the authorized officer determines and documents that each of the 
following circumstances exist:
    (1) The amount of the cost assumed or compensation is reasonable and 
accurately reflects the value of the goods and services received;
    (2) The proposed exchange is a high priority of the agency;
    (3) The land exchange must be expedited to protect important Federal 
resource values, such as congressionally designated areas or endangered 
species habitat;
    (4) Cash equalization funds are available for compensating the non-
Federal party; and
    (5) There are no other practicable means available to the authorized 
officer of meeting Federal exchange processing costs, responsibilities, 
or requirements.
    (c) The total amount of adjustment agreed to as compensation for 
costs incurred pursuant to this section shall not exceed the limitations 
set forth in Sec. 2201.6 of this part.



Sec. 2201.2  Notice of exchange proposal.

    (a) Upon entering into an agreement to initiate an exchange, the 
authorized officer shall publish a notice once a week for 4 consecutive 
weeks in newspapers of general circulation in the counties in which the 
Federal and non-Federal lands or interests proposed for exchange are 
located. The authorized officer shall notify authorized users, 
jurisdictional State and local governments, and the congressional 
delegation, and shall make other distribution of the notice as 
appropriate. At a minimum, the notice shall include:
    (1) The identity of the parties involved in the proposed exchange;
    (2) A description of the Federal and non-Federal lands being 
considered for exchange;
    (3) A statement as to the effect of segregation from appropriation 
under the public land laws and mineral laws, if applicable;
    (4) An invitation to the public to submit in writing any comments on 
or concerns about the exchange proposal, including advising the 
authorized officer as to any liens, encumbrances, or other claims 
relating to the lands being considered for exchange; and

[[Page 89]]

    (5) The deadline by which comments must be received, and the name, 
title, and address of the official to whom comments must be sent.
    (b) To be assured of consideration in the environmental analysis of 
the proposed exchange, all comments shall be made in writing to the 
authorized officer and postmarked or delivered within 45 days after the 
initial date of publication.
    (c) The authorized officer is not required to republish descriptions 
of any lands excluded from the final exchange transaction, provided such 
lands were identified in the notice of exchange proposal. In addition, 
minor corrections of land descriptions and other insignificant changes 
do not require republication.



Sec. 2201.3  Appraisals.

    The Federal and non-Federal parties to an exchange shall comply with 
the appraisal standards set forth in Secs. 2201.3-1 through 2201.3-4 of 
this part and, to the extent appropriate, with the Department of Justice 
``Uniform Appraisal Standards for Federal Land Acquisitions'' when 
appraising the values of the Federal and non-Federal lands involved in 
an exchange.



Sec. 2201.3-1  Appraiser qualifications.

    (a) A qualified appraiser(s) shall provide to the authorized officer 
appraisals estimating the market value of Federal and non-Federal 
properties involved in an exchange. A qualified appraiser may be an 
employee or a contractor to the Federal or non-Federal exchange parties. 
At a minimum, a qualified appraiser shall be an individual, approved by 
the authorized officer, who is competent, reputable, impartial, and has 
training and experience in appraising property similar to the property 
involved in the appraisal assignment.
    (b) Qualified appraisers shall possess qualifications consistent 
with State regulatory requirements that meet the intent of title XI of 
the Financial Institutions Reform, Recovery and Enforcement Act of 1989 
(FIRREA) (12 U.S.C. 3331). In the event a State does not have approved 
policies, practices and procedures regulating the activities of 
appraisers, the Bureau of Land Management may establish appraisal 
qualification standards commensurate with those adopted by other States 
meeting the requirements of FIRREA.



Sec. 2201.3-2  Market value.

    (a) In estimating market value, the appraiser shall:
    (1) Determine the highest and best use of the property to be 
appraised;
    (2) Estimate the value of the lands and interests as if in private 
ownership and available for sale in the open market;
    (3) Include historic, wildlife, recreation, wilderness, scenic, 
cultural, or other resource values or amenities that are reflected in 
prices paid for similar properties in the competitive market;
    (4) Consider the contributory value of any interest in land such as 
minerals, water rights, or timber to the extent they are consistent with 
the highest and best use of the property; and
    (5) Estimate separately, if stipulated in the agreement to initiate 
in accordance with Sec. 2201.1 of this part, the value of each property 
optioned or acquired from multiple ownerships by the non-Federal party 
for purposes of exchange, pursuant to Sec. 2201.1-1 of this part. In 
this case, the appraiser shall estimate the value of the Federal and 
non-Federal properties in a similar manner.
    (b) In estimating market value, the appraiser may not independently 
add the separate values of the fractional interests to be conveyed, 
unless market evidence indicates the following:
    (1) The various interests contribute their full value (pro rata) to 
the value of the whole; and
    (2) The valuation is compatible with the highest and best use of the 
property.
    (c) In the absence of current market information reliably supporting 
value, the authorized officer may use other acceptable and commonly 
recognized methods to determine market value.



Sec. 2201.3-3  Appraisal report standards.

    Appraisals prepared for exchange purposes shall contain, at a 
minimum, the following information:
    (a) A summary of facts and conclusions;
    (b) The purpose and/or the function of the appraisal, a definition 
of the estate

[[Page 90]]

being appraised, and a statement of the assumptions and limiting 
conditions affecting the appraisal assignment, if any;
    (c) An explanation of the extent of the appraiser's research and 
actions taken to collect and confirm information relied upon in 
estimating value;
    (d) An adequate description of the physical characteristics of the 
lands being appraised; a statement of all encumbrances; title 
information, location, zoning, and present use; an analysis of highest 
and best use; and at least a 5-year sales history of the property;
    (e) A disclosure of any condition that is observed during the 
inspection of the property or becomes known to the appraiser through 
normal research that would lead the appraiser to believe that hazardous 
substances may be present on the property being appraised;
    (f) A comparative market analysis and, if more than one method of 
valuation is used, an analysis and reconciliation of the methods used to 
support the appraiser's estimate of value;
    (g) A description of comparable sales, including a description of 
all relevant physical, legal, and economic factors such as parties to 
the transaction, source and method of financing, effect of any favorable 
financing on sale price, and verification by a party involved in the 
transaction;
    (h) An estimate of market value;
    (i) The effective date of valuation, date of appraisal, signature, 
and certification of the appraiser;
    (j) A certification by the appraiser signing the report to the 
following:
    (1) The appraiser personally contacted the property owner or 
designated representative and offered the owner an opportunity to be 
present during inspection of the property;
    (2) The appraiser personally examined the subject property and all 
comparable sale properties relied upon in the report;
    (3) The appraiser has no present or prospective interest in the 
appraised property; and
    (4) The appraiser has not, and will not, receive compensation that 
was contingent on the analysis, opinions, or conclusions contained in 
the appraisal report; and
    (k) Copies of relevant written reports, studies, or summary 
conclusions prepared by others in association with the appraisal 
assignment that were relied upon by the appraiser to estimate value, 
which may include but is not limited to current title reports, mineral 
reports, or timber cruises prepared by qualified specialists.



Sec. 2201.3-4  Appraisal review.

    (a) Appraisal reports shall be reviewed by a qualified review 
appraiser meeting the qualifications set forth in Sec. 2201.3-1 of this 
part. Statements of value prepared by agency appraisers are not subject 
to this review.
    (b) The review appraiser shall determine whether the appraisal 
report:
    (1) Is complete, logical, consistent, and supported by a market 
analysis;
    (2) Complies with the standards prescribed in Sec. 2201.3-3 of this 
part; and
    (3) Reasonably estimates the probable market value of the lands 
appraised.
    (c) The review appraiser shall prepare a written review report, 
containing at a minimum:
    (1) A description of the review process used;
    (2) An explanation of the adequacy, relevance, and reasonableness of 
the data and methods used by the appraiser to estimate value;
    (3) The reviewing appraiser's statement of conclusions regarding the 
appraiser's estimate of market value; and
    (4) A certification by the review appraiser to the following:
    (i) The review appraiser has no present or prospective interest in 
the property that is the subject of the review report; and
    (ii) The review appraiser has not, and will not, receive 
compensation that was contingent on the approval of the appraisal 
report.



Sec. 2201.4  Bargaining; arbitration.

    (a) Unless the parties to an exchange agree in writing to suspend or 
modify the deadlines contained in paragraphs (a)(1) through (a)(4) of 
this section, the parties shall adhere to the following schedule:
    (1) Within 180 days from the date of receipt of the appraisal(s) for 
review and approval by the authorized officer,

[[Page 91]]

the parties to an exchange may agree on the appraised values of the 
lands involved in an exchange. If the parties cannot agree on the 
appraised values, they may agree to initiate a process of bargaining or 
some other process to resolve the dispute over values. Bargaining or any 
other process shall be based on an objective analysis of the valuation 
in the appraisal report(s) and shall be a means of reconciling 
differences in such reports. Bargaining or another process to determine 
values may involve one or more of the following actions:
    (i) Submission of the disputed appraisal(s) to another qualified 
appraiser for review;
    (ii) Request for additional appraisals;
    (iii) Involvement of an impartial third party to facilitate 
resolution of the value disputes; or
    (iv) Use of some other acceptable and commonly recognized practice 
for resolving value disputes.

Any agreement based upon bargaining shall be in writing and made part of 
the administrative record of the exchange. Such agreement shall contain 
a reference to all relevant appraisal information and state how the 
parties reconciled or compromised appraisal information to arrive at an 
agreement based on market value.

    (2) If within 180 days from the date of receipt of the appraisal(s) 
for review and approval by the authorized officer, the parties to an 
exchange cannot agree on values but wish to continue with the land 
exchange, the appraisal(s) may, at the option of either party, be 
submitted to arbitration unless, in lieu of arbitration, the parties 
have employed a process of bargaining or some other process to determine 
values. If arbitration occurs, it shall be conducted in accordance with 
the real estate valuation arbitration rules of the American Arbitration 
Association. The Secretary or an official to whom such authority has 
been delegated shall appoint an arbitrator from a list provided by the 
American Arbitration Association.
    (3) Within 30 days after completion of arbitration, the parties 
involved in the exchange shall determine whether to proceed with the 
exchange, modify the exchange to reflect the findings of the arbitration 
or any other factors, or withdraw from the exchange. A decision to 
withdraw from the exchange may be made upon written notice by either 
party at this time or at any other time prior to entering into a binding 
exchange agreement.
    (4) If the parties agree to proceed with an exchange after 
arbitration, the values established by arbitration are binding upon all 
parties for a period not to exceed 2 years from the date of the 
arbitration decision.
    (b) Arbitration is limited to the disputed valuation of the lands 
involved in a proposed exchange, and an arbitrator's award decision 
shall be limited to the value estimate(s) of the contested appraisal(s). 
An award decision shall not include recommendations regarding the terms 
of a proposed exchange, nor shall an award decision infringe upon the 
authority of the Secretary to make all decisions regarding management of 
Federal lands and to make public interest determinations.



Sec. 2201.5  Exchanges at approximately equal value.

    (a) The authorized officer may exchange lands that are of 
approximately equal value when it is determined that:
    (1) The exchange is in the public interest and the consummation of 
the proposed exchange will be expedited;
    (2) The value of the lands to be conveyed out of Federal ownership 
is not more than $150,000 as based upon a statement of value prepared by 
a qualified appraiser and approved by the authorized officer;
    (3) The Federal and non-Federal lands are substantially similar in 
location, acreage, use, and physical attributes; and
    (4) There are no significant elements of value requiring complex 
analysis.
    (b) The authorized officer shall determine that the Federal and non-
Federal lands are approximately equal in value and shall document how 
the determination was made.



Sec. 2201.6  Value equalization; cash equalization waiver.

    (a) To equalize the agreed upon values of the Federal and non-
Federal lands involved in an exchange, either

[[Page 92]]

with or without adjustments of relative values as compensation for 
various costs, the parties to an exchange may agree:
    (1) To modify the exchange proposal by adding or excluding lands; 
and/or
    (2) To use cash equalization after making all reasonable efforts to 
equalize values by adding or excluding lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under 
Sec. 2201.1-3 of this part may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (c) The parties may agree to waive a cash equalization payment if 
the amount to be waived does not exceed 3 percent of the value of the 
lands being exchanged out of Federal ownership or $15,000, whichever is 
less. This provision shall not be applied to exchanges where the value 
differential is in excess of $15,000.
    (d) A cash equalization payment may be waived only after the 
authorized officer determines in writing how the waiver will expedite 
the exchange and why the public interest will be better served by the 
waiver.



Sec. 2201.7  Approval of exchanges.



Sec. 2201.7-1  Notice of decision.

    (a) Upon completion of all environmental analyses and appropriate 
documentation, appraisals, and all other supporting studies and 
requirements to determine if a proposed exchange is in the public 
interest and in compliance with applicable law and regulations, the 
authorized officer shall decide whether to approve an exchange proposal.
    (1) When a decision to approve or disapprove an exchange is made, 
the authorized officer shall publish a notice of the availability of the 
decision in newspapers of general circulation. A notice also may be 
published in the Federal Register at the discretion of the authorized 
officer. At a minimum, the notice shall include:
    (i) The date of decision;
    (ii) A concise description of the decision;
    (iii) The name and title of the deciding official;
    (iv) Directions for obtaining a copy of the decision; and
    (v) The date of the beginning of the protest period.
    (2) The authorized officer shall distribute notices to State and 
local governmental subdivisions having authority in the geographical 
area within which the lands covered by the notice are located pursuant 
to Sec. 2200.0-6(m) of this part, the non-Federal exchange parties, 
authorized users of involved Federal lands, the congressional 
delegation, individuals who requested notification or filed written 
objections, and others as appropriate.
    (b) For a period of 45 days after the date of publication of a 
notice of the availability of a decision to approve or disapprove an 
exchange proposal, such decision shall be subject to protest.
    (c) A right of appeal from a protest decision of the authorized 
officer may be pursued in accordance with the applicable appeal 
procedures of 43 CFR part 4.



Sec. 2201.7-2  Exchange agreement.

    (a) The parties to a proposed exchange may enter into an exchange 
agreement subsequent to a decision by the authorized officer to approve 
the exchange, pursuant to Sec. 2201.7-1 of this part. Such an agreement 
is required if hazardous substances are present on the non-Federal 
lands. An exchange agreement shall contain the following:
    (1) Identification of the parties, a description of the lands and 
interests to be exchanged, identification of all reserved and 
outstanding interests, the amount of any necessary cash equalization, 
and all other terms and conditions necessary to complete the exchange;
    (2) The terms regarding responsibility for removal, indemnification 
(``hold harmless'' agreement), or other remedial actions concerning any 
hazardous substances on the involved non-Federal lands;
    (3) A description of the goods and services and their corresponding 
costs for which the noncomplying party is liable in the event of failure 
to perform or to comply with the terms of the exchange agreement; and
    (4) The agreed upon values of the involved lands.

[[Page 93]]

    (b) An exchange agreement, as described in paragraph (a) of this 
section, is legally binding on all parties, subject to the terms and 
conditions thereof, provided:
    (1) Acceptable title can be conveyed;
    (2) No substantial loss or damage occurs to either property from any 
cause;
    (3) No undisclosed hazardous substances are found on the involved 
Federal or non-Federal lands prior to conveyance;
    (4) In the event of a protest, or of an appeal from a protest 
decision under 43 CFR part 4, a decision to approve an exchange pursuant 
to Sec. 2201.7-1 is upheld; and
    (5) The agreement is not terminated by mutual consent or upon such 
terms as may be provided in the agreement.
    (c) Absent an executed legally binding exchange agreement, any 
action taken by one or more of the parties, or a failure of one or more 
of the parties to take any action, prior to consummation of an exchange 
does not create any legal obligation or right enforceable against or 
enjoyed by any party.



Sec. 2201.8  Title standards.

    (a) Title evidence. (1) Unless otherwise specified by the Office of 
the Solicitor of the Department of the Interior, evidence of title for 
the non-Federal lands being conveyed to the United States shall be in 
conformance with the Department of Justice regulations and ``Standards 
for the Preparation of Title Evidence in Land Acquisitions by the United 
States'' in effect at the time of conveyance.
    (2) The United States is not required to furnish title evidence for 
the Federal lands being exchanged.
    (b) Conveyance documents. (1) Unless otherwise specified by the 
Office of the Solicitor of the Department of the Interior, all 
conveyances to the United States shall be prepared, executed, and 
acknowledged in recordable form and in accordance with the Department of 
Justice regulations and ``Standards for the Preparation of Title 
Evidence in Land Acquisition by the United States'' in effect at the 
time of conveyance.
    (2) Conveyances of lands from the United States shall be by patent, 
quitclaim deed, or deed without express or implied warranties, except as 
to hazardous substances pursuant to Sec. 2200.0-6(j)(1) of this title.
    (c) Title encumbrances--(1) Non-Federal lands. (i) Title to the non-
Federal lands must be acceptable to the United States. For example, 
encumbrances such as taxes, judgment liens, mortgages, and other 
objections or title defects shall be eliminated, released, or waived in 
accordance with requirements of the preliminary title opinion of the 
Office of the Solicitor of the Department of the Interior or the 
Department of Justice, as appropriate.
    (ii) The United States shall not accept lands in which there are 
reserved or outstanding interests that would interfere with the use and 
management of land by the United States or would otherwise be 
inconsistent with the authority under which, or the purpose for which, 
the lands are to be acquired. Reserved interests of the non-Federal 
landowner are subject to agreed upon covenants or conditions included in 
the conveyance documents.
    (iii) Any personal property owned by the non-Federal party that is 
not a part of the exchange proposal should be removed by the non-Federal 
party prior to acceptance of title by the United States, unless the 
authorized officer and the non-Federal party to the exchange previously 
agree upon a specified period to remove the personal property. If the 
personal property is not removed prior to acceptance of title or within 
the otherwise prescribed time, it shall be deemed abandoned and shall 
become vested in the United States.
    (iv) The exchange parties must reach agreement on the arrangements 
for the relocation of any tenants. Qualified tenants occupying non-
Federal lands affected by a land exchange may be entitled to benefits 
under 49 CFR 24.2. Unless otherwise provided by law or regulation (49 
CFR 24.101(a)(1)), relocation benefits are not applicable to owner-
occupants involved in exchanges with the United States provided the 
owner-occupants are notified in writing that the non-Federal lands are 
being acquired by the United States on a voluntary basis.
    (2) Federal lands. If Federal lands proposed for exchange are 
occupied under

[[Page 94]]

grant, permit, easement, or non-mineral lease by a third party who is 
not a party to the exchange, the third party holder of such 
authorization and the non-Federal party to the exchange may reach 
agreement as to the disposition of the existing use(s) authorized under 
the terms of the grant, permit, easement, or lease. The non-Federal 
exchange party shall submit documented proof of such agreement prior to 
issuance of a decision to approve the land exchange, as instructed by 
the authorized officer. If an agreement cannot be reached, the 
authorized officer shall consider other alternatives to accommodate the 
authorized use or shall determine whether the public interest will be 
best served by terminating such use in accordance with the terms and 
provisions of the instrument authorizing the use.



Sec. 2201.9  Case closing.

    (a) Title transfers. Unless otherwise agreed, and notwithstanding 
the decision in United States v. Schurz, 102 U.S. 378 (1880), or any 
other law or ruling to the contrary, title to both the non-Federal and 
Federal lands simultaneously shall pass and be deemed accepted by the 
United States and the non-Federal landowner, respectively, when the 
documents of conveyance are recorded in the county clerk's or other 
local recorder's office. Before recordation, all instructions, 
requirements, and conditions set forth by the United States and the non-
Federal landowner shall be met. The requirements and conditions 
necessary for recordation at a minimum will include the following, as 
appropriate:
    (1) The determination by the authorized officer that the United 
States will receive possession, acceptable to it, of such lands; and
    (2) The issuance of title evidence as of the date and time of 
recordation, which conforms to the instructions and requirements of the 
Office of the Solicitor's preliminary title opinion.
    (b) Automatic segregation of lands. Subject to valid existing 
rights, non-Federal lands acquired through exchange by the United States 
automatically shall be segregated from appropriation under the public 
land laws and mineral laws until midnight of the 90th day after 
acceptance of title by the United States, and the public land records 
shall be noted accordingly. Except to the extent otherwise provided by 
law, the lands shall be open to the operation of the public land laws 
and mineral laws at midnight 90 days after the day title was accepted 
unless otherwise segregated pursuant to part 2300 of this title.
    (c) Notice to State and local governments. Following the transfer of 
title to the Federal lands involved in an exchange, notice will be given 
to State and local officials as prescribed in Sec. 2200.0-6(m) of this 
part.



            Subpart 2202--Exchanges: National Forest Exchange



Sec. 2202.1  Applicable regulations.

    (a) All proposals for exchange for the consolidation or extension of 
national forests, under the authority and provisions of the Act of March 
20, 1922 (42 Stat. 465), as amended (16 U.S.C. 485) and the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) shall be 
filed with the appropriate officer of the Forest Service, U.S. 
Department of Agriculture, in compliance with the regulations in 36 CFR 
part 254.
    (b) If a proposal is made to exchange lands reserved from the public 
domain for National Forest System purposes, the authorized officer may 
request the appropriate State Office of the Bureau of Land Management to 
segregate the Federal lands by a notation on the public land records. 
Subject to valid existing rights, the record notation shall segregate 
the Federal lands from appropriation under the public land laws and the 
mineral laws as defined under Sec. 2200.0-5 of this title for a period 
not to exceed 5 years from the date of notation.
    (c) Any interests of the United States in the non-Federal lands that 
are covered by the exchange proposal may be noted and segregated from 
appropriation under the mineral laws for a period not to exceed 5 years 
from the date of notation.
    (d) The segregative effect shall terminate upon the occurrence of 
any of the following events, whichever occurs first:

[[Page 95]]

    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (2) On the date and time specified in an opening order, published by 
the appropriate State Office of the Bureau of Land Management in the 
Federal Register, if a decision is made not to proceed with the exchange 
or upon deletion of any lands from an exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation of the public land records.
[46 FR 1638, Jan. 6, 1981, as amended at 58 FR 60925, Nov. 18, 1993]



       Subpart 2203--Exchanges Involving Fee Federal Coal Deposits

    Source:  51 FR 12612, Apr. 14, 1986, unless otherwise noted.



Sec. 2203.0-6  Policy.

    When determining whether a fee exchange of the Federal coal deposits 
is in the public interest, it is the policy of the Department of the 
Interior to consider whether the exchange will create or maintain a 
situation inconsistent with the Federal anti-trust laws. The Bureau of 
Land Management, in making the determination of public interest, shall 
consider the advice of the Attorney General of the United States 
concerning whether the exchange will create or maintain a situation 
inconsistent with the Federal antitrust laws.



Sec. 2203.0-9  Cross references.

    The authorized officer shall implement a fee exchange of Federal 
coal deposits in compliance with the requirements of subparts 2200 and 
2201 on this title.



Sec. 2203.1  Opportunity for public comment and public meeting on exchange proposal.

    Upon acceptance of a proposal for a fee exchange of Federal coal 
deposits, the authorized officer shall publish and distribute a notice 
of exchange proposal as set forth in Sec. 2201.2 of this title.
[51 FR 12612, Apr. 1986, as amended at 58 FR 60926, Nov. 18, 1993]



Sec. 2203.2  Submission of information concerning proposed exchange.

    (a) Any person submitting a proposal for a fee exchange of Federal 
coal deposits shall submit information concerning the coal reserves 
presently held in each geographic area involved in the exchange along 
with a description of the reserves that would be added or eliminated by 
the proposed exchange. In addition, the person filing a proposed 
exchange under this section shall furnish any additional information 
requested by the authorized officer in connection with the consideration 
of the antitrust consequences of the proposed exchange.
    (b) The authorized officer shall transmit a copy of the information 
required by paragraph (a) of this section to the Attorney General upon 
its receipt.
    (c) All non-proprietary information submitted under paragraph (a) of 
this section shall be made a part of the public record on each proposed 
exchange. With respect to proprietary information submitted under 
paragraph (a) of this section, only a description of the type of 
information submitted shall be included in the public record.
    (d) Where the entity proposing a fee coal exchange has previously 
submitted information, a reference to the date of submission and to the 
serial number of the record in which it is filed, together with a 
statement of any and all changes in holdings since the date of the 
previous submission, shall be accepted.
[51 FR 12612, Apr. 14, 1986, as amended 58 FR 60926, Nov. 18, 1993]



Sec. 2203.3  Public meeting.

    Upon completion of an environmental analysis, but prior to the 
issuance of a notice of decision, the authorized officer shall publish a 
notice in the Federal Register setting a time and place where a public 
meeting will be held to receive public comment on the public interest 
factors of the proposed exchange. Such notice shall be distributed in 
accordance with Sec. 2201.7-1 of this title. The public meeting shall:
    (a) Follow procedures established by the authorized officer, which 
shall be announced prior to the meeting; and

[[Page 96]]

    (b) Be recorded and a transcript prepared, with the transcript and 
all written submissions being made a part of the public record of the 
proposed exchange.
[51 FR 12612, Apr. 14, 1986, as amended at 58 FR 60926, Nov. 18, 1993]



Sec. 2203.4  Consultation with the Attorney General.

    (a) The authorized officer shall, at the conclusion of the comment 
period and public meeting provided for in Sec. 2203.3 of this title, 
forward to the Attorney General copies of the comments received in 
response to the request for public comments and the transcript and 
copies of the written comments received at the public meeting.
    (b) The authorized officer shall allow the Attorney General 90 days 
within which the Attorney General may advise, in writing, on the anti-
trust consequences of the proposed exchange.
    (c) If the Attorney General requests additional information 
concerning the proposed exchange, the authorized officer shall request, 
in writing, such information from the person proposing the exchange, 
allowing a maximum period of 30 days for the submission of the requested 
information. The 90-day period provided in paragraph (b) of this section 
shall be extended for the period required to obtain and submit the 
requested information, or 30 days, whichever is sooner.
    (d) If the Attorney General notifies the authorized officer, in 
writing, that additional time is needed to review the anti-trust 
consequences of the proposed exchange, the time provided in paragraph 
(b) of this section, including any additional time provided under 
paragraph (c) of this section, shall be extended for the period 
requested by the Attorney General. If the Attorney General has not 
responded to the request for anti-trust review within the time granted 
for such review, including any extensions thereof, the authorized 
officer may proceed with the exchange without the advice of the Attorney 
General.



Sec. 2203.5  Action on advice of the Attorney General.

    (a) The authorized officer shall make any advice received from the 
Attorney General a part of the public record on the proposed exchange.
    (b) Except as provided in Sec. 2203.4(d) of this title, the 
authorized officer shall not make a final decision on the proposed 
exchange and whether it is in the public interest until the advice of 
the Attorney General has been considered. The authorized officer shall, 
in the record of decision on the proposed exchange, discuss the 
consideration given any advice received from the Attorney General in 
reaching the final decision on the proposed exchange.



PART 2210--STATE EXCHANGES--Table of Contents






               Subpart 2212--Miscellaneous State Exchanges



Sec. 2212.1  General.

    Because of the infrequency of transactions involving State 
exchangeunder the Acts of May 7, 1932 (47 Stat. 150), section 3 of the 
Act of June 14, 1934 (48 Stat. 962), and the Act of December 7, 1942 (56 
Stat. 1042), regulations covering these transactions are not codified. 
Any such transaction will be handled in a manner consistent with the 
authorizing laws and with the regulations in part 2200.
[35 FR 9549, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981]



PART 2240--NATIONAL PARK SYSTEM EXCHANGES--Table of Contents






Sec. 2240.0-3  Authority.

    (a) Point Reyes National Seashore, Calif. The Act of September 13, 
1962 (76 Stat. 538; 16 U.S.C., secs. 459c-459c-7), providing for the 
establishment of the Point Reyes National Seashore in the State of 
California, authorizes the Secretary of the Interior, when the public 
interest will be benefited thereby, to acquire land, waters, and other 
property within the boundaries of the Point Reyes National Seashore by 
exchange. He may accept title to any non-Federal property located within 
such area and convey to the grantor of such property any federally owned 
property under the jurisdiction of the Secretary within Arizona, 
California, Nevada, and Oregon, notwithstanding any other provision of 
law. The properties so exchanged shall

[[Page 97]]

be approximately equal in fair market value, provided that when such 
values are not equal the Secretary may accept cash from or pay cash to 
the grantor in such an exchange in order to equalize the value of the 
properties exchanged.
    (b) Fire Island National Seashore. The Act of September 11, 1964 (78 
Stat. 928; 16 U.S.C., secs. 459e-459e-9), authorizes the Secretary of 
the Interior to establish an area to be known as the Fire Island 
National Seashore and to acquire by exchange lands within the boundaries 
of the seashore as specified in the Act. When acquiring land by exchange 
the Secretary may accept title to any nonfederally owned land located 
within the boundaries of the national seashore and may convey to the 
grantor any federally owned land under his jurisdiction. The properties 
so exchanged shall be approximately equal in fair market value, but the 
Secretary may accept cash from or pay cash to a grantor in order to 
equalize the values of the lands exchanged.
    (c) Lake Mead National Recreational Area. The Act of October 8, 1964 
(78 Stat. 1039, 16 U.S.C., sections 460n-460n-9) authorizes the 
Secretary of the Interior to revise the boundaries of the Lake Mead 
National Recreation Area and to procure property within the exterior 
boundaries of such area in such manner as he shall consider to be in the 
public interest. In exercising his authority to acquire property by 
exchange, the Secretary may accept title to any non-Federal property 
located within the boundaries of the recreation area and convey to the 
grantor of such property any federally owned property under the 
jurisdiction of the Secretary. The properties so exchanged shall be 
approximately equal in fair market value, provided that the Secretary 
may accept cash from or pay cash to the grantor in an exchange in order 
to equalize the values of the properties exchanged.
    (d) Whiskeytown-Shasta-Trinity National Recreation Area, Calif. The 
Act of November 8, 1965 (79 Stat. 1295) authorizes the Secretary of the 
Interior to administer the Whiskeytown unit of the Whiskeytown-Shasta-
Trinity National Recreation Area. The Secretary is authorized to accept 
title to any non-Federal property within any part of the recreation area 
and in exchange therefor to convey to the grantor any federally owned 
property under his jurisdiction within the State of California which he 
classifies as suitable for exchange or disposal. The properties so 
exchanged shall be approximately equal in fair market value, provided 
that the Secretary may accept cash from or pay cash to the grantor in an 
exchange in order to equalize the value of the properties exchanged.
    (e) Bighorn Canyon Recreation Area. The Act of October 15, 1966 (16 
U.S.C. 460t (Supplement III, 1965-67)) establishes the Bighorn Canyon 
National Recreation Area. It authorizes the Secretary of the Interior to 
accept title to any non-Federal property within the area and convey in 
exchange therefor any federally owned property under his jurisdiction in 
the States of Montana and Wyoming which he classifies as suitable for 
exchange or other disposal, notwithstanding any other provision of law. 
Property so exchanged shall be approximately equal in fair market value, 
provided that the Secretary may accept cash from, or pay cash to, the 
grantor in an exchange in order to equalize the values of the properties 
exchanged.
    (f) Act of July 15, 1968. (1) The Act of July 15, 1968 (16 U.S.C.A. 
460L-22, 1969 Supplement) authorizes the Secretary of the Interior to 
accept title to any non-Federal property or interest therein within a 
unit of the National Park System or miscellaneous area under his 
administration, in exchange for any federally owned property or interest 
therein under his jurisdiction which he determines is suitable for 
exchange or other disposal. The selected land shall be located in the 
same State as the offered land. Timber lands subject to harvest under a 
sustained yield program shall not be exchanged. Public hearings will be 
held in the area where the lands to be exchanged are located, if a 
written request therefor is submitted to the Secretary or his authorized 
officer prior to such exchange, by a State or a political subdivision 
thereof or by a party in interest. The value of the properties exchanged 
shall be approximately equal, or if they are not approximately equal, 
the values shall be equalized by payment of cash to the

[[Page 98]]

grantor or to the Secretary, as circumstances require. Payment of cash 
by the Secretary shall be made only from funds appropriated for the 
acquisition of land for the area.
    (2) The term National Park System means all federally owned or 
controlled lands which are administered under the direction of the 
Secretary of the Interior in accordance with 16 U.S.C. sections 1 and 2-
4, and which are grouped into the following descriptive categories: (i) 
National parks, (ii) national monuments, (iii) national historical 
parks, (iv) national memorials, (v) national parkways, and (vi) national 
capital parks.
    (3) The term miscellaneous areas includes lands under the 
administrative jurisdiction of another Federal agency, or lands in 
private ownership, and over which the National Park Service, under the 
direction of the Secretary of the Interior, pursuant to cooperative 
agreement, exercises supervision for recreational, historical, or other 
related purposes, and also any lands under the care and custody of the 
National Park Service other than those described above.
    (g) North Cascades National Park, Washington. The Act of October 2, 
1968 (82 Stat. 926) establishes the North Cascades National Park, the 
Ross Lake National Recreation Area, and the Lake Chelan National 
Recreation Area. The Act authorizes the Secretary of the Interior to 
accept title to any non-Federal property within the boundaries of the 
park and the recreation areas and in exchange therefor to convey to the 
grantor of such property and federally owned property under his 
jurisdiction in the State of Washington which he classifies as suitable 
for exchange or other disposal. The values of the properties so 
exchanged either shall be approximately equal, or, if they are not, 
shall be equalized by the payment of cash to the grantor or to the 
Secretary as the circumstances require.
    (h) Redwood National Park, Calif. The Act of October 2, 1968 (82 
Stat. 931) establishes the Redwood National Park. The Secretary of the 
Interior is authorized to accept title to any non-Federal property 
within the boundaries of the park, and outside of such boundaries within 
prescribed limits in exchange for any federally owned property under the 
jurisdiction of the Bureau of Land Management in California, except 
property needed for public use and management, which he classifies as 
suitable for exchange or other disposal. Such federally owned property 
shall also be available for use by the Secretary in payment of just 
compensation for real property taken pursuant to the Act. The values of 
the properties exchanged either shall be approximately equal or, if they 
are not, shall be equalized by the payment of cash to the grantor or to 
the Secretary as the circumstances require.
    (i) Biscayne National Monument, Fla. The Act of October 18, 1968 
(Pub. L. 90-606) authorizes the Secretary of the Interior to establish 
the Biscayne National Monument, and to accept title to any non-Federal 
property within the boundaries of the national monument and outside such 
boundaries within prescribed areas, in exchange for any federally owned 
property under his jurisdiction in the State of Florida which he 
classifies as suitable for exchange or other disposal. The values of the 
properties exchanged either shall be approximately equal, or, if they 
are not, shall be equalized by the payment of cash to the grantor or to 
the Secretary as circumstances require.
[35 FR 9550, June 13, 1970]



Sec. 2240.1  General.

    Exchanges to eliminate private holdings from national parks and 
national monuments for which no specific provisions are made in this 
section have generally reached the limits allowed by enabling 
legislation. Regulations covering such transactions are, therefore, not 
codified. Any such transactions will be handled in a manner consistent 
with the authorizing laws and with the regulations in part 2200.
[35 FR 9550, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981]



PART 2250--WILDLIFE REFUGE EXCHANGES--Table of Contents






Sec. 2250.0-3  Authority.

    (a) Section 4(b)(3) of the Act of October 15, 1966 (80 Stat. 926), 
authorizes the Secretary of the Interior to acquire

[[Page 99]]

lands or interests therein by exchange (1) for acquired lands or public 
lands under his jurisdiction which he finds suitable for disposition, or 
(2) for the right to remove, in accordance with such terms and 
conditions as the Secretary may prescribe, products from the acquired or 
public lands within the National Wildlife Refuge System. The values of 
the properties so exchanged either shall be approximately equal, or if 
they are not approximately equal the values shall be equalized by the 
payment of cash to the grantor or to the Secretary as the circumstances 
require.
    (b) Section 2(b) of the Act of October 15, 1966 (80 Stat. 926), 
authorizes the Secretary of the Interior to acquire by purchase, 
donation, or otherwise, lands or interests therein necessary for the 
conservation, protection, restoration, and propagation of selected 
species of native fish that are threatened with extinction.
    (c) Section 1 of the Act of August 22, 1957 (71 Stat. 412), as 
amended (16 U.S.C. 696) authorizes the Secretary of the Interior to 
acquire, for the National Key Deer Refuge, lands in designated areas in 
Florida which he finds suitable for the conservation and management of 
key deer and other wildlife by exchange for any federally-owned property 
in Florida which he classifies as suitable for exchange or other 
disposal. The values of the property so exchanged shall be approximately 
equal, or if they are not approximately equal, the values shall be 
equalized by the payment of cash to the grantor or to the Secretary as 
required.
[35 FR 9551, June 13, 1970]



Sec. 2250.1  Applicable regulations.

    Any such transaction will be handled in a manner consistent with the 
authorizing law and with the regulations in part 2200.
[35 FR 9551, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981]



PART 2270--MISCELLANEOUS EXCHANGES--Table of Contents




               Subpart 2271--Indian Reservation Exchanges

Sec.
2271.0-3  Authorities.
2271.1  Reservations established by statute.

                   Subpart 2272--Reclamation Exchanges

2272.1  Applicable regulations.

 Subpart 2273--National Wild and Scenic Rivers System; National Trails 
                            System Exchanges

2273.0-3  Authority.

           Subpart 2274--National Conservation Area Exchanges

2274.0-3  Authority.
2274.1  Procedures.



               Subpart 2271--Indian Reservation Exchanges



Sec. 2271.0-3  Authorities.

    (a) Executive order reservations. The Act of April 21, 1904 (33 
Stat. 211; 43 U.S.C., sec. 149), authorizes the Secretary of the 
Interior to exchange any vacant, nonmineral, nontimbered, surveyed 
public lands located in the same State as the offered lands for any 
privately owned lands over which an Indian reservation has been extended 
by Executive order. The offered and selected lands must be approximately 
equal both in value and area. The applicant must pay all costs of 
consummating the exchange.
    (b) San Juan, McKinley, and Valencia Counties, N. Mex. Section 13 of 
the Act of March 3, 1921 (41 Stat. 1239).
    (c) Apache, Coconino, and Navajo Counties, Ariz. Section 2 of the 
Act of June 14, 1934 (48 Stat. 961), as supplemented by the Act of May 
9, 1938 (52 Stat. 300).
[35 FR 9551, June 13, 1970]

[[Page 100]]



Sec. 2271.1  Reservations established by statute.

    Exchanges and lieu selections involving lands within Indian 
reservations occur infrequently. Regulations covering such transactions 
are, therefore, not codified. Any such transactions shall be handled in 
a manner consistent with the applicable statutes and with the general 
regulations in part 2200.
[35 FR 9551, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981]



                   Subpart 2272--Reclamation Exchanges



Sec. 2272.1  Applicable regulations.

    (a) Regulations for exchange under the Act of August 13, 1953 (67 
Stat. 566; 43 U.S.C. 451-451K), are in part 406 of this title and for 
exchanges under the Act of May 25, 1926 (44 Stat. 648; 43 U.S.C. 423c), 
are in Secs. 403.6-403.11 of this title.
[35 FR 9552, June 13, 1970]



 Subpart 2273--National Wild and Scenic Rivers System; National Trails 
                            System Exchanges



Sec. 2273.0-3  Authority.

    (a) National wild and scenic rivers system. The Act of October 2, 
1968 (82 Stat. 906) institutes a national wild and scenic rivers system, 
designates the initial components of that system and provides for 
additional components to be added to the system. The Secretary of the 
Interior and the Secretary of Agriculture are each authorized to acquire 
lands within any component of the system administered by him to an 
average of not more than 100 acres per mile on both sides of the river. 
The appropriate Secretary is authorized to accept title to non-Federal 
property within the authorized boundaries of any federally administered 
component of the system in exchange for any federally owned property 
under his jurisdiction within the State in which the component lies and 
which he classifies as suitable for exchange or other disposal. The 
values of the properties so exchanged either shall be approximately 
equal, or, if they are not, shall be equalized by the payment of cash to 
the grantor or the Secretary as the circumstances require.
    (b) National trails system. The Act of October 2, 1968 (82 Stat. 
919), provides for the establishment and designation of trails by the 
Secretary of the Interior or the Secretary of Agriculture, each on lands 
administered by him.
    (1) The Act authorizes the Secretary of the Interior to accept title 
to any non-Federal property within the trail right-of-way in exchange 
for any federally owned property under his jurisdiction which is located 
in the State and which he classifies as suitable for exchange or other 
disposal. The values of the properties so exchanged either shall be 
approximately equal or, if they are not, shall be equalized by the 
payment of cash to the grantor or the Secretary as the circumstances 
require.
    (2) The Act authorizes the Secretary of Agriculture to use 
authorities and procedures available to him in connection with exchanges 
of national forest lands.
    (3) When an application involves the selection of public domain land 
outside of national forests and under the administrative jurisdiction of 
the Bureau of Land Management, the proponents shall comply with the 
regulations in part 2200.
[35 FR 9552, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981]



           Subpart 2274--National Conservation Area Exchanges



Sec. 2274.0-3  Authority.

    The Act of October 21, 1970, (16 U.S.C. 460y) provides for the 
establishment of the King Range National Conservation Area in the State 
of California and authorizes the Secretary of the Interior to acquire 
land or interests in land by exchange under the Act.
[41 FR 15851, Apr. 15, 1976]



Sec. 2274.1  Procedures.

    (a) In making exchanges within the King Range National Conservation 
Area, the authorized officer may accept title to non-Federal land or 
interest in land within the Area defined in 16 U.S.C. 460y-8, or 
additions made thereto, and convey to the grantor of such

[[Page 101]]

land or interest in land an equal value of surveyed, unappropriated and 
unreserved public land or interest in land, in accordance with the 
following:
    (1) The authorized officer shall have determined that the exchange 
is in the public interest.
    (2) The public lands offered in exchange be in Humboldt and/or 
Mendocino County, California, and shall have been classified by the 
authorized officer for exchange.
    (3) If the value of the offered lands or interests in land is at 
least equal to two-thirds of the value of the public land or interests 
in land, the exchange may be completed by payment of the difference in 
value to the Bureau of Land Management or the submittal of a cash 
deposit or a performance bond in an amount at least equal to the 
difference in value in order to assure that additional lands acceptable 
to the authorized officer and at least equal to the difference in value 
will be conveyed to the Government within a definite time to be 
specified by the authorized officer. If the value of the public lands 
offered in exchange for non-Federal lands or interests in non-Federal 
lands is at least equal to two-thirds of the value of the non-Federal 
lands, the exchange may be completed upon payment by the authorized 
officer of the difference in value.
    (b) Either party to an exchange may reserve minerals, easements, or 
rights of use either for its own benefits, for the benefit of third 
parties, or for the benefit of the general public. Any such reservation, 
whether in lands conveyed to or by the United States, shall be subject 
to such reasonable conditions respecting ingress and egress and the use 
of the surface of the land as may be deemed necessary by the authorized 
officer. When minerals are reserved in lands conveyed by the United 
States, any person who prospects for or acquires the right to mine and 
remove such reserved mineral deposits shall be liable to the surface 
owners according to their respective interests for any actual damage to 
the surface or to the improvements thereon resulting from prospecting, 
entering, or mining operations.

Prior to entering lands in non-Federal ownership, such person shall 
either obtain the surface owner's written consent or file with the 
authorized officer a good and sufficient bond or undertaking to the 
United States in an amount acceptable to the authorized officer for the 
use and benefit of the surface owner to secure payment of such damages 
as may be determined in an action brought on the bond or undertaking in 
a court of competent jurisdiction. Where written consent is not 
obtained, a letter request shall be filed with the authorized officer 
for a determination of the amount of the bond or undertaking. A copy of 
such request will be served on the surface owner or owners by certified 
mail.
    (c) Upon acceptance of title, any lands or interests in lands 
acquired by the United States by exchange under the authority of section 
5 of the Act of October 21, 1970, shall become public lands, and shall 
become a part of the King Range National Conservation Area subject to 
all the laws and regulations applicable thereto without further order of 
the authorized officer.
    (d) Any exchange transaction will be handled in a manner consistent 
with the authorizing law and regulations in part 2200 of this 
subchapter.
[41 FR 15851, Apr. 15, 1976]



                         Group 2300--Withdrawals



PART 2300--LAND WITHDRAWALS--Table of Contents




                   Subpart 2300--Withdrawals, General

Sec.
2300.0-1  Purpose.
2300.0-3  Authority.
2300.0-5  Definitions.

              Subpart 2310--Withdrawals, General: Procedure

2310.1  Procedures: General.
2310.1-1  Preapplication consultation.
2310.1-2  Submission of applications.
2310.1-3  Submission of withdrawal petitions.
2310.1-4  Cancellation of withdrawal applications or withdrawal 
          proposals and denial of applications.
2310.2  Segregative effect of withdrawal applications or withdrawal 
          proposals.
2310.2-1  Termination of segregative effect of withdrawal applications 
          or withdrawal proposals.

[[Page 102]]

2310.3  Action on withdrawal applications and withdrawal proposals, 
          except for emergency withdrawals.
2310.3-1  Publication and public meeting requirements.
2310.3-2  Development and processing of the case file for submission to 
          the Secretary.
2310.3-3  Action by the Secretary: Public land orders and notices of 
          denial.
2310.3-4  Duration of withdrawals.
2310.3-5  Compensation for improvements.
2310.3-6  Transfer of jurisdiction.
2310.4  Review and extensions of withdrawals.
2310.5  Special action on emergency withdrawals.

     Subpart 2320--Federal Energy Regulatory Commission Withdrawals

2320.0-3  Authority.
2320.1  Lands considered withdrawn or classified for power purposes.
2320.2  General determinations under the Federal Power Act.
2320.3  Applications for restoration.

    Authority:  43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR 4831, 
4833).

    Source:  46 FR 5796, Jan. 19, 1981, unless otherwise noted.



                   Subpart 2300--Withdrawals, General



Sec. 2300.0-1  Purpose.

    (a) These regulations set forth procedures implementing the 
Secretary of the Interior's authority to process Federal land withdrawal 
applications and, where appropriate, to make, modify or extend Federal 
land withdrawals. Procedures for making emergency withdrawals are also 
included.
    (b) The regulations do not apply to withdrawals that are made by the 
Secretary of the Interior pursuant to an act of Congress which directs 
the issuance of an order by the Secretary. Likewise, procedures 
applicable to withdrawals authorized under the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1272(b); 1281), and procedures 
relating to the Secretary's authority to establish Indian reservations 
or to add lands to the reservations pursuant to special legislation or 
in accordance with section 7 of the Act of June 18, 1934 (25 U.S.C. 
467), as supplemented by section 1 of the Act of May 1, 1936 (25 U.S.C. 
473a), are not included in these regulations.
    (c) General procedures relating to the processing of revocation of 
withdrawals and relating to the relinquishment of reserved Federal land 
areas are not included in this part.



Sec. 2300.0-3  Authority.

    (a)(1) Section 204 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1714) gives the Secretary of the Interior general 
authority to make, modify, extend or revoke withdrawals, but only in 
accordance with the provisions and limitations of that section. Among 
other limitations, the Federal Land Policy and Management Act of 1976 
provides that the Secretary of the Interior does not have authority to:
    (i) Make, modify or revoke any withdrawal created by an Act of 
Congress;
    (ii) Make a withdrawal which can be made only by an Act of Congress;
    (iii) Modify or revoke any withdrawal creating national monuments 
under the Act of June 8, 1906 (16 U.S.C. 431-433), sometimes referred to 
as the Antiquities Act;
    (iv) Modify or revoke any withdrawal which added lands to the 
National Wildlife Refuge System prior to October 21, 1976, the date of 
approval of the Federal Land Policy and Management Act of 1976 or which 
thereafter adds lands to that System under the terms of that Act. In 
this connection, nothing in the Federal Land Policy and Management Act 
of 1976 is intended to modify or change any provision of the Act of 
February 27, 1976 (16 U.S.C. 668 dd(a)).
    (2) Executive Order 10355 of May 26, 1952 (17 FR 4831), confers on 
the Secretary of the Interior all of the delegable authority of the 
President to make, modify and revoke withdrawals and reservations with 
respect to lands of the public domain and other lands owned and 
controlled by the United States in the continental United States or 
Alaska.
    (3) The Act of February 28, 1958 (43 U.S.C. 155-158), sometimes 
referred to as the Engle Act, places on the Secretary of the Interior 
the responsibility to process Department of Defense applications for 
national defense withdrawals, reservations or restrictions aggregating 
5,000 acres or more for any

[[Page 103]]

one project or facility. These withdrawals, reservations or restrictions 
may only be made by an act of Congress, except in time of war or 
national emergency declared by the President or the Congress and except 
as otherwise expressly provided in the Act of February 28, 1958.
    (4) Section 302(b) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1732(b)) authorizes the Secretary of the Interior to 
regulate the management of the public lands as defined in the Act 
through instruments, such as memorandum of understanding, which the 
Secretary deems appropriate.
    (5) Section 1326(a) of the Alaska National Interest Lands 
Conservation Act (Pub. L. 96-487), authorizes the President and the 
Secretary to make withdrawals exceeding 5,000 acres, in the aggregate, 
in the State of Alaska subject to the provisions that such withdrawals 
shall not become effective until notice is provided in the Federal 
Register and to both Houses of the Congress and such withdrawals shall 
terminate unless Congress passes a Joint Resolution of approval within 
one year after the notice of withdrawal has been submitted to the 
Congress.
    (b) The following references do not afford either withdrawal 
application processing or withdrawal authority but are provided as 
background information.
    (1) Executive Order 6910 of November 26, 1934, and E.O. 6964 of 
February 5, 1935, as modified, withdrew sizable portions of the public 
lands for classification and conservation. These lands and the grazing 
districts estalished under the Taylor Grazing Act of 1934, as amended, 
are subject to the classification and opening procedures of section 7 of 
the Taylor Grazing Act of June 28, 1934, as amended (43 U.S.C. 315f); 
however, they are not closed to the operation of the mining or mineral 
leasing laws unless separately withdrawn or reserved, classified for 
retention from disposal, or precluded from mineral leasing or mining 
location under other authority.
    (2) The Classification and Multiple Use Act of September 19, 1964 
(43 U.S.C. 1411-1418), authorized the Secretary of the Interior through 
the Bureau of Land Management for retention or disposal under Federal 
ownership and management. Numerous classification decisions based upon 
this statutory authority were made by the Secretary of the Interior. For 
the effect of these classification with regard to the disposal and 
leasing laws of the United States, see subparts 2440 and 2461 of this 
title.
    (3) Section 202 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712) provides for land use planning and resultant 
management decisions which may operate to totally eliminate a particular 
land use, including one or more principal or major uses, as defined in 
the Act. Withdrawals made pursuant to section 204 of the Federal Land 
Policy and Management Act of 1976 may be used in appropriate cases, to 
carry out management decisions, except that public lands, as defined in 
the Act, can be removed from or restored to the operation of the Mining 
Law of 1872, as amended, or transferred to another department, agency or 
office, only by withdrawal action pursuant to section 204 of the Federal 
Land Policy and Management Act of 1976 or other action pursuant to 
applicable law.
    (4) The first proviso of section 302(b) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1732(b)) provides, in part, that 
unless otherwise provided for by law, the Secretary of the Interior may 
permit Federal departments and agencies to use, occupy and develop 
public lands only through rights-of-way under section 507 of the Act (43 
U.S.C. 1767); withdrawals under section 204 of the Act (43 U.S.C. 1714); 
and, where the proposed use and development are similar or closely 
related to the programs of the Secretary for the public lands involved, 
cooperative agreements under section 307(b) of the Act (43 U.S.C. 
1737(b)).
    (5) Section 701(c) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 note) provides that all withdrawals, reservations, 
classifications and designations in effect on October 21, 1976, the 
effective date of the Act, shall remain in full force and effect until 
modified under the provisions of the Act or other applicable law.

[[Page 104]]



Sec. 2300.0-5  Definitions.

    As used in this part, the term:
    (a) Secretary means the Secretary of the Interior or a secretarial 
officer subordinate to the Secretary who has been appointed by the 
President by and with the advice and consent of the Senate and to whom 
has been delegated the authority of the Secretary to perform the duties 
described in this part to be performed by the Secretary.
    (b) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part to be performed by the authorized officer.
    (c) Act means the Federal Land Policy and Management Act of 1976, as 
amended (43 U.S.C. 1701 et seq.), unless otherwise specified.
    (d) Lands includes both upland and submerged land areas and any 
right or interest in such areas. To the extent provided in section 1 of 
the Act of February 28, 1958 (43 U.S.C. 155), the term also includes 
offshore waters.
    (e) Cultural resources means those fragile and nonrenewable physical 
remains of human activity found in districts, sites, structures, burial 
mounds, petroglyphs, artifacts, objects, ruins, works of art, 
architecture or natural settings or features which were important to 
prehistoric, historic or other land and resource use events.
    (f) Archeological areas/resources means sites or areas containing 
important evidence or the physical remains of former but now extinct 
cultural groups, their skeletons, settlements, implements, artifacts, 
monuments and inscriptions.
    (g) Resource use means a land use having as its primary objective 
the preservation, conservation, enhancement or development of:
    (1) Any renewable or nonrenewable natural resource indigenous to a 
particular land area, including, but not limited to, mineral, timber, 
forage, water, fish or wildlife resources, or
    (2) Any resource value associated with a particular land area, 
including, but not limited to, watershed, power, scenic, wilderness, 
clean air or recreational values. The term does not include military or 
other governmental activities requiring land sites only as an incidental 
means to achieving an end not related primarily to the preservation, 
conservation, enhancement or development of natural resources or 
resource values indigenous to or associated with a particular land area.
    (h) Withdrawal means withholding an area of Federal land from 
settlement, sale, location, or entry under some or all of the general 
land laws, for the purpose of limiting activites under those laws in 
order to maintain other public values in the area or reserving the area 
for a particular public purpose or program; or transferring jurisdiction 
over an area of Federal land, other than property governed by the 
Federal Property and Administrative Services Act (40 U.S.C. 472), from 
one department, bureau or agency to another department, bureau or 
agency.
    (i) Department means a unit of the Executive branch of the Federal 
Government which is headed by a member of the President's Cabinet.
    (j) Agency means a unit of the Executive branch of the Federal 
Government which is not within a Department.
    (k) Office means an office or bureau of the Department of the 
Interior.
    (l) Applicant means any Federal department, agency or office.
    (m) Segregation means the removal for a limited period, subject to 
valid existing rights, of a specified area of the public lands from the 
operation of the public land laws, including the mining laws, pursuant 
to the exercise by the Secretary of regulatory authority to allow for 
the orderly administration of the public lands.
    (n) Legal description means a written land description based upon 
either an approved and filed Federal land survey executed as a part of 
the United States Public Land Survey System or, where specifically 
authorized under Federal law, upon a protraction diagram. In the absence 
of the foregoing, the term means a written description, approved by the 
authorized officer, which defines the exterior boundaries of a tract of 
land by reference to a metes and bounds survey or natural or other 
monuments.
    (o) Modify or modification does not include, for the purposes of 
section 204 of the Act (43 U.S.C. 1714), the addition of

[[Page 105]]

lands to an existing withdrawal or the partial revocation of a 
withdrawal.
    (p) Withdrawal petition means a request, originated within the 
Department of the Interior and submitted to the Secretary, to file an 
application for withdrawal.
    (q) Withdrawal proposal means a withdrawal petition approved by the 
Secretary.



              Subpart 2310--Withdrawals, General: Procedure



Sec. 2310.1  Procedures: General.

    (a) The basic steps leading up to the making, modification or 
extension of a withdrawal, except emergency withdrawals, are:
    (1) Preapplication consultation;
    (2) Obtaining Secretarial approval of a withdrawal petition in 
appropriate cases;
    (3) Submission for filing of an application for a requested 
withdrawal action;
    (4) Publication in the Federal Register of a notice stating that a 
withdrawal proposal has been made or that an application has been 
submitted for filing.
    (5) Negotiations between the applicant and the authorized officer as 
well as the accomplishment of investigations, studies and analyses which 
may be required to process an application.
    (6) Preparation of the case file to be considered by the Secretary, 
including the authorized officer's findings and recommendations;
    (7) Transmittal of the case file to the Director, Bureau of Land 
Management, for the Director's review and decision regarding the 
findings and recommendations of the authorized officer;
    (8) Transmittal of the case file to the Secretary.
    (9) Publication of a public land order or a notice of denial signed 
by the Secretary. If the application seeks a national defense withdrawal 
that may only be made by an Act of Congress, the Secretary will transmit 
to the Congress proposed legislation along with the Secretary's 
recommendations, and documentation relating thereto.



Sec. 2310.1-1  Preapplication consultation.

    A potential applicant should contact the appropriate State office of 
the Bureau of Land Management well in advance of the anticipated 
submission date of an application. Early consultation can familiarize 
the potential applicant with the responsibilities of an applicant, the 
authorized officer and the Secretary. Early consultation also will 
assist in determining the need for a withdrawal, taking possible 
alternatives into account, increase the likelihood that the applicant's 
needs will be considered in ongoing land use planning, assist in 
determining the extent to which any public lands that may be involved 
would have to be segregated if an application is submitted; and result 
in preliminary determinations regarding the scheduling of various 
investigations, studies, analyses, public meetings and negotiations that 
may be required for a withdrawal. Studies and analyses should be 
programmed to ensure their completion in sufficient time to allow the 
Secretary or the Congress adequate time to act on the application before 
the expiration of the segregation period.



Sec. 2310.1-2  Submission of applications.

    (a) Applications for the making, modification or extension of a 
withdrawal shall be submitted for filing, in duplicate, in the proper 
Bureau of Land Management office, as set forth in Sec. 1821.2-1 of this 
title, except for emergency withdrawal requests and applications that 
are classified for national security reasons. Requests for emergency 
withdrawals and applications that are classified for national security 
reasons shall be submitted, in duplicate, in the Office of the 
Secretary, Department of the Interior, Washington, D.C. 20240.
    (b) Before the authorized officer can take action on a withdrawal 
proposal, a withdrawal application in support thereof shall be 
submitted. The application may be submitted simultaneously with the 
making of a withdrawal proposal, in which case only the notice required 
by Sec. 2310.3-1(a) of this title, referencing both the application and 
the withdrawal proposal, shall be published.
    (c) No specific form is required, but, except as otherwise provided 
in Sec. 2310.3-

[[Page 106]]

6(b) of this title, the application shall contain at least the following 
information:
    (1) The name and address of the applicant. Where the organization 
intending to use the lands is different from the applicant, the name and 
address of such using agency shall also be included.
    (2) If the applicant is a department or agency other than the 
Department of the Interior or an office thereof, a statement of the 
delegation or delegations of authority of the official acting on behalf 
of the department or agency submitting the application, substantiating 
that the official is empowered to act on behalf of the head of the 
department or agency in connection with all matters pertaining to the 
application.
    (3) If the lands which are subject to an application are wholly or 
partially under the administration of any department or agency other 
than the Department of the Interior, the Secretary shall make or modify 
a withdrawal only with the consent of the head of the department or 
agency concerned, except in the case of an emergency withdrawal. In such 
case, a copy of the written consent shall accompany the application. The 
requirements of section (e) of E.O. 10355 (17 FR 4831), shall be 
complied with in those instances where the Order applies.
    (4) The type of withdrawal action that is being requested (See 
Sec. 2300.0-5(h) of this title) and whether the application pertains to 
the making, extension or modification of a withdrawal.
    (5) A description of the lands involved in the application, which 
shall consist of the following:
    (i) A legal description of the entire land area that falls within 
the exterior boundaries of the affected area and the total acreage of 
such lands;
    (ii) A legal description of the lands, Federal or otherwise, within 
the exterior boundaries that are to be excepted from the requested 
action, and after deducting the total acreage of all the excepted lands, 
the net remaining acreage of all Federal lands (as well as all non-
Federal lands which, if they should be returned to or should pass to 
Federal ownership, would become subject to the withdrawal) within the 
exterior boundaries of the affected land areas;
    (iii) In the case of a national defense withdrawal which can only be 
made by an Act of Congress, sections 3(2) and 3(3) of the Act of 
February 28, 1958 (43 U.S.C. 157 (2), (3)) shall be complied with in 
lieu of paragraphs (c)(5) (i) and (ii) of this section.
    (6) If the application is for a withdrawal that would overlap, or 
that would add lands to one or more existing withdrawals, the 
application shall also contain:
    (i) An identification of each of the existing withdrawals, including 
the project name, if any, the date of the withdrawal order, the number 
and type of order, if known, or, in lieu of the foregoing, a copy of the 
order;
    (ii) As to each existing withdrawal that would be overlapped by the 
requested withdrawal, the total area and a legal description of the area 
that would be overlapped; and
    (iii) The total acreage, Federal or otherwise, that would be added 
to the existing withdrawal, if the new application is allowed.
    (7) The public purpose or statutory program for which the lands 
would be withdrawn. If the purpose or program for which the lands would 
be withdrawn is classified for national security reasons, a statement to 
that effect shall be included; but, if at all possible, a general 
description of the use to which the lands would be devoted, if the 
requested withdrawal is allowed, should be included. In the case of 
applications that are not classified for national security reasons, an 
analysis of the manner in which the lands as well as their natural 
resources and resource values would be used to implement the purpose or 
program shall be provided.
    (8) The extent to which the lands embraced in the application are 
requested to be withheld from settlement, sale, location or entry under 
the public land laws, including the mining laws, together with the 
extent to which, and the time during which, the lands involved in the 
application would be temporarily segregated in accordance with 
Sec. 2310.2 of this subpart.

[[Page 107]]

    (9) The type of temporary land use that, at the discretion of the 
authorized officer, may be permitted or allowed during the segregation 
period, in accordance with Sec. 2310.2 of this subpart.
    (10) An analysis and explanation of why neither a right-of-way under 
section 507 of the Act (43 U.S.C. 1767), nor a cooperative agreement 
under sections 302(b) (43 U.S.C. 1732(b)) and 307(b) (43 U.S.C. 1737(b)) 
of the act would adequately provide for the proposed use.
    (11) The duration of the withdrawal, with a statement in 
justification thereof (see Sec. 2310.3-4 of this title). Where an 
extension of an existing withdrawal is requested, its duration may not 
exceed the duration of the existing withdrawal.
    (12) A statement as to whether any suitable alternative sites are 
available for the proposed use or for uses which the requested 
withdrawal action would displace. The statement shall include a study 
comparing the projected costs of obtaining each alternative site in 
suitable condition for the intended use, as well as the projected costs 
of obtaining and developing each alternative site for uses that the 
requested withdrawal action would displace.
    (13) A statement as to whether water will or will not be needed to 
fulfill the purpose of the requested withdrawal action.
    (14) The place where records relating to the application can be 
examined by interested persons.
    (d) Except in the case of an emergency withdrawal, if the preceding 
application requirements have not been met, or if an application seeks 
an action that is not within the scope of the Secretary's authority, the 
application may be rejected by the authorized officer as a defective 
application.



Sec. 2310.1-3  Submission of withdrawal petitions.

    (a) Withdrawal petitions shall be submitted to the Director, Bureau 
of Land Management, for transmittal to the Secretary.
    (b) No specific form is required, but the petition shall contain at 
least the following information:
    (1) The office originating the petition;
    (2) The type and purpose of the proposed withdrawal action (See 
Sec. 2300.0-5(h) of this title) and whether the petition pertains to the 
making, extension or modification of a withdrawal;
    (3) A legal description of the entire land area that falls within 
the exterior boundaries affected by the petition, together with the 
total acreage of such lands, and a map of the area;
    (4) The extent to which and the time during which any public lands 
that may be involved in the petition would be temporarily segregated and 
the temporary land uses that may be permitted during the segregation 
period, in accordance with Sec. 2310.2 of this title; and
    (5) A preliminary identification of the mineral resources in the 
area.
    (c) Except in the case of petitions seeking emergency withdrawals, 
if a petition is submitted simultaneously with a withdrawal application, 
the information requirements pertaining to withdrawal applications (See 
Sec. 2310.1-2 of this title), shall supersede the requirements of this 
section.
    (d) If a petition seeks an emergency withdrawal under the provisions 
of section 204(e) of the act, the petition shall be filed simultaneously 
with an application for withdrawal. In such instances, the petition/
application shall provide as much of the information required by 
Secs. 2310.1-2(c) and 2310.3-2(b) of this title as is available to the 
petitioner when the petition is submitted.
    (e) Upon the approval by the Secretary of a petition for withdrawal, 
the petition shall be considered as a Secretarial proposal for 
withdrawal, and notice of the withdrawal proposal shall be published 
immediately in the Federal Register in accordance with Sec. 2310.3-1(a) 
of this title. If a petition which seeks an emergency withdrawal is 
approved by the Secretary, the publication and notice provisions 
pertaining to emergency withdrawals shall be applicable. (See 
Sec. 2310.5 of this title.)



Sec. 2310.1-4  Cancellation of withdrawal applications or withdrawal proposals and denial of applications.

    (a) Withdrawal or extension applications and proposals shall be 
amended promptly to cancel the application or

[[Page 108]]

proposal, in whole or in part, with respect to any lands which the 
applicant, in the case of applications, or the office, in the case of 
proposals, determines are no longer needed in connection with a 
requested or proposed action. The filing of a cancellation notice in 
each such case shall result in the termination of the segregation of the 
public lands that are to be eliminated from the withdrawal application 
or withdrawal proposal. (See Sec. 2310.2-1 of this title)
    (b) The Secretary may deny an application if the costs (as defined 
in section 304(b) of the Act (43 U.S.C. 1734(b)) estimated to be 
incurred by the Department of the Interior would, in the judgment of the 
Secretary, be excessive in relation to available funds appropriated for 
processing applications requesting a discretionary withdrawal, or a 
modification or extension of a withdrawal.



Sec. 2310.2  Segregative effect of withdrawal applications or withdrawal proposals.

    The following provisions apply only to applications or proposals to 
withdraw lands and not to applications or proposals seeking to modify or 
extend withdrawals.
    (a) Withdrawal applications or withdrawal proposals submitted on or 
after October 21, 1976. Within 30 days of the submission for filing of a 
withdrawal application, or whenever a withdrawal proposal is made, a 
notice stating that the application has been submitted or that the 
proposal has been made, shall be published in the Federal Register by 
the authorized officer. Publication of the notice in the Federal 
Register shall segregate the lands described in the application or 
proposal from settlement, sale, location or entry under the public land 
laws, including the mining laws, to the extent specified in the notice, 
for 2 years from the date of publication of the notice unless the 
segregative effect is terminated sooner in accordance with the 
provisions of this part. The notices published pursuant to the 
provisions of this section shall be the same notices required by 
Sec. 2310.3-1 of this title. Publication of a notice of a withdrawal 
application that is based on a prior withdrawal proposal, notice of 
which was published in the Federal Register, shall not operate to extend 
the segregation period which commenced upon the publication of the prior 
withdrawal proposal.
    (b) Withdrawal applications submitted before October 21, 1976. The 
public lands described in a withdrawal application filed before October 
21, 1976, shall remain segregated through October 20, 1991, from 
settlement, sale, location or entry under the public land laws, 
including the mining laws, to the extent specified in the Federal 
Register notice or notices that pertain to the application, unless the 
segregative effect of the application is terminated sooner in accordance 
with other provisions of this part. Any amendment made on or after 
October 21, 1976, of a withdrawal application submitted before October 
21, 1976, for the purpose of adding Federal lands to the lands described 
in a previous application, shall require the publication in the Federal 
Register, within 30 days of receipt of the amended application, of a 
notice of the amendment of the withdrawal application. All of the lands 
described in the amended application which includes those lands 
described in the original application shall be segregated for 2 years 
from the date of publication of the notice of the amended application in 
the Federal Register.
    (c) Applications for licenses, permits, cooperative agreements or 
other discretionary land use authorizations of a temporary nature that 
are filed on or after October 21, 1976, regarding lands involved in a 
withdrawal application or a withdrawal proposal and that are listed in 
the notices required by Sec. 2310.3-2 of this title as permissible 
during the segregation period, may be approved by the authorized officer 
while the lands remain segregated.
    (d) Except as provided in paragraph (c) of this section, 
applications for the use of lands involved in a withdrawal application 
or a withdrawal proposal, the allowance of which is discretionary, shall 
be denied.
    (e) The temporary segregation of lands in connection with a 
withdrawal application or a withdrawal proposal shall not affect in any 
respect Federal agency administrative jurisdiction of the lands, and the 
segregation shall not

[[Page 109]]

have the effect of authorizing or permitting any use of the lands by the 
applicant or using agency.



Sec. 2310.2-1  Termination of the segregative effect of withdrawal applications or withdrawal proposals.

    (a) The publication in the Federal Register of an order allowing a 
withdrawal application, in whole or in part, shall terminate the 
segregative effect of the application as to those lands withdrawn by the 
order.
    (b) The denial of a withdrawal application, in whole or in part, 
shall result in the termination of the segregative effect of the 
application or proposal as to those lands where the withdrawal is 
disallowed. Within 30 days following the decision to disallow the 
application or proposal, in whole or in part, the authorized officer 
shall publish a notice in the Federal Register specifying the reasons 
for the denial and the date that the segregative period terminated. The 
termination date of the segregation period shall be noted promptly on 
the public land status records on or before the termination date.
    (c) The cancellation, in whole or in part, of a withdrawal 
application or a withdrawal proposal shall result in the termination of 
the segregative effect of the application or proposal, as to those lands 
deleted from the application or proposal. The authorized officer shall 
publish a notice in the Federal Register, within 30 days following the 
date of receipt of the cancellation, specifying the date that the 
segregation terminated. The termination date of the segregation shall be 
noted promptly on the public land status records. If the cancellation 
applies to only a portion of the public lands that are described in the 
withdrawal application or withdrawal proposal, then the lands that are 
not affected by the cancellation shall remain segregated.
    (d) The segregative effect resulting from the publication on or 
after October 21, 1976, of a Federal Register notice of the submission 
of a withdrawal application or the making of a withdrawal proposal shall 
terminate 2 years after the publication date of the Federal Register 
notice unless the segregation is terminated sooner by other provisions 
of this section. A notice specifying the date and time of termination 
shall be published in the Federal Register by the authorized officer 30 
days in advance of the termination date. The public land status records 
shall be noted as to the termination date of the segregation period on 
or before the termination date. Such a termination shall not affect the 
processing of the withdrawal application.
    (e) The segregative effect resulting from the submission of a 
withdrawal application or withdrawal proposal before October 21, 1976, 
shall terminate on October 20, 1991, unless the segregation is 
terminated sooner by other provisions of this part. A notice specifying 
the date and time of termination shall be published in the Federal 
Register by the authorized officer 30 days in advance of October 20, 
1991. The public land status records shall be noted as to the 
termination date of the segregation period on or before October 20, 
1991.



Sec. 2310.3  Action on withdrawal applications and withdrawal proposals, except for emergency withdrawals.



Sec. 2310.3-1  Publication and public meeting requirements.

    (a) When a withdrawal proposal is made, a notice to that effect 
shall be published immediately in the Federal Register. The notice shall 
contain the information required by Sec. 2310.1-3 of this title. In the 
event a withdrawal petition, which subsequently becomes a withdrawal 
proposal, is submitted simultaneously with a withdrawal application, the 
information requirements for notices pertaining to withdrawal 
applications (See paragraph (b) of this section) shall supersede the 
information requirements of this paragraph. However, in such instances, 
the notice required by paragraph (b) of this section shall be published 
immediately without regard to the 30-day period allowed for the filing 
for publication in the Federal Register of withdrawal application 
notices.
    (b)(1) Except for emergency withdrawals and except as otherwise 
provided in paragraph (a) of this section,

[[Page 110]]

within 30 days of the submission for filing of a withdrawal, extension 
or modification application, the authorized officer shall publish in the 
Federal Register a notice to that effect. The authorized officer also 
shall publish the same notice in at least one newspaper having a general 
circulation in the vicinity of the lands involved and, with the 
cooperation and assistance of the applicant, when appropriate, shall 
provide sufficient publicity to inform the interested public of the 
requested action.
    (2) The notice shall contain, in summary form, the information 
required by Sec. 2310.1-2 of this title, except that the authorized 
officer may exclude the information required by Sec. 2310.1-2(c)(2) of 
this title, and as much of the descriptive information required by 
Sec. 2310.1-2(c) (5) and (6) of this title as the authorized officer 
considers appropriate. The notice shall:
    (i) Provide a legal description of the lands affected by the 
application, together with the total acreage of such lands;
    (ii) Specify the extent to which and the time during which any lands 
that may be involved may be segregated in accordance with Sec. 2310.2 of 
this title;
    (iii) Identify the temporary land uses that may be permitted or 
allowed during the segregation period as provided for in Sec. 2310.2(c) 
of this title;
    (iv) Provide for a suitable period of at least 90 days after 
publication of the notice, for public comment on the requested action;
    (v) Solicit written comments from the public as to the requested 
action and provide for one or more public meetings in relation to 
requested actions involving 5,000 or more acres in the aggregate and, as 
to requested actions involving less than 5,000 acres, solicit and 
evaluate the written comments of the public as to the requested action 
and as to the need for public meetings;
    (vi) State, in the case of a national defense withdrawal which can 
only be made by an Act of Congress, that if the withdrawal is to be 
made, it will be made by an Act of Congress;
    (vii) Provide the address of the Bureau of Land Management office in 
which the application and the case file pertaining to it are available 
for public inspection and to which the written comments of the public 
should be sent;
    (viii) State that the application will be processed in accordance 
with the regulations set forth in part 2300 of this title;
    (ix) Reference, if appropriate, the Federal Register in which the 
notice of a withdrawal proposal, if any, pertaining to the application 
was published previously;
    (x) Provide such additional information as the authorized officer 
deems necessary or appropriate.
    (c)(1) In determining whether a public meeting will be held on 
applications involving less than 5,000 acres of land, the authorized 
officer shall consider whether or not:
    (i) A large number of persons have expressed objections to or 
suggestions regarding the requested action;
    (ii) The objections or suggestions expressed appear to have merit 
without regard to the number of persons responding;
    (iii) A public meeting can effectively develop information which 
would otherwise be difficult or costly to accumulate;
    (iv) The requested action, because of the amount of acreage 
involved, the location of the affected lands or other relevant factors, 
would have an important effect on the public, as for example, the 
national or regional economy;
    (v) There is an appreciable public interest in the lands or their 
use, as indicated by the records of the Bureau of Land Management;
    (vi) There is prevailing public opinion in the area that favors 
public meetings or shows particular concern over withdrawal actions; and
    (vii) The applicant has requested a public meeting.
    (2) A public meeting, whether required or determined by the 
authorized officer to be necessary, shall be held at a time and place 
convenient to the interested public, the applicant and the authorized 
officer. A notice stating the time and place of the meeting, shall be 
published in the Federal Register and in at least one newspaper having a 
general circulation in the vicinity of lands involved in the requested 
action,

[[Page 111]]

at least 30 days before the scheduled date of the meeting.



Sec. 2310.3-2  Development and processing of the case file for submission to the Secretary.

    (a) Except as otherwise provided in Sec. 2310.3-6(b) of this title, 
the information, studies, analyses and reports identified in this 
paragraph that are required by applicable statutes, or which the 
authorized officer determines to be required for the Secretary or the 
Congress to make a decision or recommendation on a requested withdrawal, 
shall be provided by the applicant. The authorized officer shall assist 
the applicant to the extent the authorized officer considers it 
necessary or appropriate to do so. The qualifications of all specialists 
utilized by either the authorized officer or the applicant to prepare 
the information, studies, analyses and reports shall be provided.
    (b) The information, studies, analyses and reports which, as 
appropriate, shall be provided by the applicant shall include:
    (1) A report identifying the present users of the lands involved, 
explaining how the users will be affected by the proposed use and 
analyzing the manner in which existing and potential resource uses are 
incompatible with or conflict with the proposed use of the lands and 
resources that would be affected by the requested action. The report 
shall also specify the provisions that are to be made for, and an 
economic analysis of, the continuation, alteration or terminaton of 
existing uses. If the provisions of Sec. 2310.3-5 of this title are 
applicable to the proposed withdrawal, the applicant shall also furnish 
a certification that the requirements of that section shall be satisfied 
promptly if the withdrawal is allowed or authorized.
    (2) If the application states that the use of water in any State 
will be necessary to fulfill the purposes of the requested withdrawal, 
extension or modification, a report specifying that the applicant or 
using agency has acquired, or proposes to acquire, rights to the use of 
the water in conformity with applicable State laws and procedures 
relating to the control, appropriation, use and distribution of water, 
or whether the withdrawal is intended to reserve, pursuant to Federal 
law, sufficient unappropriated water to fulfill the purposes of the 
withdrawal. Water shall be reserved pursuant to Federal law for use in 
carrying out the purposes of the withdrawal only if specifically so 
stated in the relevant withdrawal order, as provided in Sec. 2310.3-3(b) 
of this title and only to the extent needed for the purpose or purposes 
of the withdrawal as expressed in the withdrawal order. The applicant 
shall also provide proof of notification of the involved State's 
department of water resources when a land use needed to carry out the 
purposes of the requested withdrawal will involve utilization of the 
water resources in a State. As a condition to the allowance of an order 
reserving water, the applicant shall certify to the Secretary that it 
shall quantify the amount of water to be reserved by the order.
    (3) An environmental assessment, an environmental impact statement 
or any other documents as are needed to meet the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and 
the regulations applicable thereto. The authorized officer shall 
participate in the development of environmental assessments or impact 
statements. The applicant shall designate the Bureau of Land Management 
as a cooperating agency and shall comply with the requirements of the 
regulations of the Council on Environmental Quality. The Bureau of Land 
Management shall, at a minimum, independently evaluate and review the 
final product. The following items shall either be included in the 
assessment or impact statement, or they may be submitted separately, 
with appropriate cross references.
    (i) A report on the identification of cultural resources prepared in 
accordance with the requirements of 36 CFR part 800, and other 
applicable regulations.
    (ii) An identification of the roadless areas or roadless islands 
having wilderness characteristics, as described in the Wilderness Act of 
1964 (16 U.S.C. 1131, et seq.), which exist within the area covered by 
the requested withdrawal action.

[[Page 112]]

    (iii) A mineral resource analysis prepared by a qualified mining 
engineer, engineering geologist or geologist which shall include, but 
shall not be limited to, information on: General geology, known mineral 
deposits, past and present mineral production, mining claims, mineral 
leases, evaluation of future mineral potential and present and potential 
market demands.
    (iv) A biological assessment of any listed or proposed endangered or 
threatened species, and their critical habitat, which may occur on or in 
the vicinity of the involved lands, prepared in accordance with the 
provisions of section 7 of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1536), and regulations applicable thereto, if the 
Secretary determines that assessment is required by law.
    (v) An analysis of the economic impact of the proposed uses and 
changes in use associated with the requested action on individuals, 
local communities, State and local government interests, the regional 
economy and the Nation as a whole.
    (vi) A statement as to the extent and manner in which the public 
participated in the environmental review process.
    (4) A statement with specific supporting data, as to:
    (i) Whether the lands involved are floodplains or are considered 
wetlands; and
    (ii) Whether the existing and proposed uses would affect or be 
affected by such floodplains or wetlands and, if so, to what degree and 
in what manner. The statement shall indicate whether, if the requested 
action is allowed, it will comply with the provisions of Executive 
Orders 11988 and 11990 of May 24, 1977 (42 FR 26951; 26961).
    (5) A statement of the consultation which has been or will be 
conducted with other Federal departments or agencies; with regional, 
State and local Government bodies; and with individuals and 
nongovernmental groups regarding the requested action.
    (c) Prior to final action being taken in connection with an 
application, the applicant shall prepare, with the guidance and 
participation of the authorized officer, and subject to the approval of 
the authorized officer, the Secretary and other affected departments, 
agencies or offices, a resource management plan and implementation 
program regarding the use and management of any public lands with their 
related resources uses. Consideration shall be given to the impact of 
the proposed reservation on access to and the use of the land areas that 
are located in the vicinity of the lands proposed to be withdrawn. Where 
appropriate, the plan and program will be implemented by means of a 
memorandum of understanding between the affected agencies. Any 
allocation of jurisdiction between the agencies shall be effected in the 
public land order or legislation. In those cases where the Secretary, 
acting through the Bureau of Land Management, would continue to exercise 
partial jurisdiction, resource management of withdrawn areas may be 
governed by the issuance of management decisions by the Bureau of Land 
Management to implement land use plans developed or revised under the 
land use planning requirements of section 202 of the Act (43 U.S.C. 
1712).
    (d) In regard to national defense withdrawals that can only be made 
by an Act of Congress, and to the extent that they are not otherwise 
satisfied by the information, studies, analyses and reports provided in 
accordance with the provisions of this section, the provisions of 
section 3(7) of the Act of February 28, 1958 (43 U.S.C. 157(7)), shall 
be complied with.
    (e) The authorized officer shall develop preliminary findings and 
recommendations to be submitted to the Secretary, advise the applicant 
of the findings and recommendations, and provide the applicant an 
opportunity to discuss any objections thereto which the applicant may 
have.
    (f) Following the discussion process, or in the absence thereof, the 
authorized officer shall prepare the findings, keyed specifically to the 
relevant portions of the case file, and the recommendations to the 
Secretary in connection with the application. The authorized officer 
also shall prepare, for consideration by the Secretary, a proposed order 
or notice of denial. In the case of a national defense withdrawal which 
can only be made by an Act of Congress, the authorized officer shall

[[Page 113]]

prepare, with the cooperation of the applicant, a draft legislative 
proposal to implement the applicant's withdrawal request, together with 
proposed recommendations for submission by the Secretary to the 
Congress. The findings and recommendations of the authorized officer, 
and the other documents previously specified in this section to be 
prepared by the authorized officer shall be made a part of the case 
file. The case file shall then be sent to the Director, Bureau of Land 
Management. At the same time, a copy of the findings and recommendations 
of the authorized officer shall be sent to the applicant.
    (1) If the applicant objects to the authorized officer's findings 
and recommendations to the Secretary, the applicant may, within 30 days 
of the receipt by the applicant of notification thereof, state its 
objections in writing and request the Director to review the authorized 
officer's findings and recommendations. The applicant shall be advised 
of the Director's decision within 30 days of receipt of the applicant's 
statement of objections in the Bureau of Land Management's Washington 
office. The applicant's statement of objections and the Director's 
decision shall be made a part of the case file and thereafter the case 
file shall be submitted to the Secretary.
    (2) If the applicant disagrees with the decision of the Director, 
Bureau of Land Management, the applicant may, within 30 days of receipt 
by the applicant of the Director's decision, submit to the Secretary a 
statement of reasons for disagreement. The statement shall be considered 
by the Secretary together with the findings and recommendations of the 
authorized officer, the applicant's statement of objections, the 
decision of the Director, the balance of the case file and such 
additional information as the Secretary may request.



Sec. 2310.3-3  Action by the Secretary: Public land orders and notices of denial.

    (a) Except for national defense withdrawals which can only be made 
by an Act of Congress, and except as may be otherwise provided in 
section 1(d) of Executive Order 10355 (17 FR 4833), for applications 
that are subject to that order, the allowance or denial, in whole or in 
part, of a withdrawal, modification or extension application, may only 
be made by the Secretary.
    (b)(1) Before the allowance of an application, in whole or in part, 
the Secretary shall first approve all applicable memoranda of 
understanding and the applicant shall make all certifications required 
in this part. When an application has been finally allowed, in whole or 
in part, by the Secretary, an order to that effect shall be published 
promptly in the Federal Register. Each order shall be designated as, and 
shall be signed by the Secretary and issued in the form of, a public 
land order. Water shall be reserved pursuant to Federal law for use in 
carrying out the purposes of the withdrawal only if specifically so 
stated in the relevant public land order. In appropriate cases, the 
public land order also shall refer to the memorandum of understanding 
discussed in Sec. 2310.3-2(c) of this title and shall be drawn to comply 
with Sec. 2310.3-6 of this title.
    (2) On the same day an order withdrawing 5,000 or more acres in the 
aggregate is signed, the Secretary shall advise, in writing, each House 
of the Congress, or in the case of an emergency withdrawal, the 
appropriate Committee of each House, of the withdrawal action taken. 
Pursuant to the Secretary's authority under the act, the notices that 
are sent to the Congress shall be accompanied by the information 
required by section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)), except 
in the case of an emergency withdrawal, transmittal of the required 
information may be delayed as provided in Sec. 2310.5(c) of this title.
    (c) When the action sought in an application involves the exercise 
by the Secretary of authority delegated by Executive Order 10355 (17 FR 
4831) and the Secretary denies the application in whole or in part, the 
applicant shall be notified of the reasons for the Secretary's decision. 
The decision shall be subject to further consideration only if the 
applicant informs the Secretary, in writing, within 15 days of the 
receipt

[[Page 114]]

by the applicant of the Secretary's decision, that the applicant has 
submitted the matter to the Office of Management and Budget for 
consideration and adjustment, as provided for in section 1(d) of the 
Executive Order.
    (d) A withdrawal application shall be denied, if, in the opinion of 
the Secretary, the applicant is attempting to circumvent the 
Congressional review provisions of section 204(c)(1) of the Act (43 
U.S.C. 1714(c)(1)) concerning withdrawals of 5,000 or more acres in the 
aggregate.
    (e) When an application is denied in its entirety by the Secretary, 
a notice to that effect, signed by the Secretary, shall be published 
promptly in the Federal Register.
    (f) In the case of a national defense withdrawal that may only be 
made by an Act of Congress, the Secretary shall transmit to the Congress 
proposed legislation effecting the withdrawal requested, together with 
the recommendations of the Secretary which may or may not support the 
proposed legislation in whole or in part. The proposed legislation shall 
contain such provisions for continued operation of the public land laws 
as to the public land areas included in the requested withdrawal as 
shall be determined by the Secretary to be compatible with the intended 
military use.



Sec. 2310.3-4  Duration of withdrawals.

    (a) An order initially withdrawing 5,000 or more acres of land in 
the aggregate, on the basis of the Secretary's authority under section 
204 of the Act (43 U.S.C. 1714), may be made for a period not to exceed 
20 years from the date the order is signed, except that withdrawals 
exceeding 5,000 acres in the State of Alaska shall not become effective 
until notice is provided in the Federal Register and to both Houses of 
Congress. All orders withdrawing 5,000 or more acres in the aggregate 
shall be subject to the Congressional review provision of section 204(c) 
of the Act (43 U.S.C. 1714(c)), except as follows:
    (1) A National Wildlife Refuge System withdrawal may not be 
terminated as provided in section 204(c)(1) of the Act (43 U.S.C 
1714(c)(1)) other than by an Act of Congress; or
    (2) A withdrawal exceeding 5,000 acres in the State of Alaska shall 
terminate unless Congress passes a Joint Resolution of approval within 1 
year after the notice of such withdrawal has been submitted to the 
Congress.
    (b) An order initially withdrawing less than 5,000 acres of land, in 
the aggregate, on the basis of the Secretary's authority under section 
204 of the Act (43 U.S.C. 1714), may be made:
    (1) For such time as the Secretary determines desirable for a 
resource use;
    (2) For not more than 20 years for any other use, including, but not 
limited to, the use of lands for non-resource uses, related 
administrative sites and facilities or for other proprietary purposes; 
or
    (3) For not more than 5 years to preserve the lands for a specific 
use then under consideration by either House of Congress.
    (c) An order withdrawing lands on the basis of an emergency as 
provided for in section 204(e) of the Act (43 U.S.C. 1714(e)) may be 
made for not more than 3 years.
    (d) Except for emergency withdrawals, withdrawals of specific 
duration may be extended, as provided for in Sec. 2310.4 of this title.



Sec. 2310.3-5  Compensation for improvements.

    (a) When an application is allowed, the applicant shall compensate 
the holder of record of each permit, license or lease lawfully 
terminated or revoked after the allowance of an application, for all 
authorized improvements placed on the lands under the terms and 
conditions of the permit, license or lease, before the lands were 
segregated or withdrawn. The amount of such compensation shall be 
determined by an appraisal as of the date of revocation or termination 
of the permit, license or lease, but shall not exceed fair market value. 
To the extent such improvements were constructed with Federal funds, 
they shall not be compensable unless the United States has been 
reimbursed for such funds prior to the allowance of the application and 
then only to the extent of the sum that the United States has received.

[[Page 115]]

    (b) When an application is allowed that affects public lands which 
are subject to permits or leases for the grazing of domestic livestock 
and that is required to be terminated, the applicant shall comply with 
the cancellation notice and compensation requirements of section 402(g) 
of the Act (43 U.S.C. 1752(g)), to the extent applicable.



Sec. 2310.3-6  Transfer of jurisdiction.

    A public land order that reserves lands for a department, agency or 
office, shall specify the extent to which jurisdiction over the lands 
and their related resource uses will be exercised by that department, 
agency or office. (See Sec. 2310.3-2(c) of this title).



Sec. 2310.4  Review and extensions of withdrawals.

    (a) Discretionary withdrawals of specific duration, whether made 
prior to or after October 21, 1976, shall be reviewed by the Secretary 
commencing at least 2 years before the expiration date of the 
withdrawal. When requested, the department, agency or office benefitting 
from the withdrawal shall promptly provide the Secretary with the 
information required by Sec. 2310.1-2(c) of this title, and the 
information required by Sec. 2310.3-2(b) of this title, in the form of a 
withdrawal extension application with supplemental information. If the 
concerned department, agency or office is delinquent in responding to 
such request, the deliquency shall constitute a ground for not extending 
the withdrawal. Such withdrawals may be extended or further extended 
only upon compliance with these regulations, and only if the Secretary 
determines that the purpose for which the withdrawal was first made 
requires the extension, and then only for a period that shall not exceed 
the duration of the original withdrawal period. In allowing an 
extension, the Secretary shall comply with the provisions of section 
204(c) of the Act (43 U.S.C. 1714(c)), or section 204(d) of the Act (43 
U.S.C. 1714(d)), whichever is applicable; and, whether or not an 
extension is allowed, the Secretary shall report promptly on the 
decision for each pending extension to the Congressional Committees that 
are specified in section 204(f) of the Act (43 U.S.C. 1714(f)).
    (b) Notwithstanding the provisions of this section, if the Secretary 
determines that a National Wildlife Refuge System withdrawal of specific 
duration shall not be extended, the Secretary shall nevertheless extend 
or reextend the withdrawal until such time as the withdrawal is 
terminated by an Act of Congress.



Sec. 2310.5  Special action on emergency withdrawals.

    (a) When the Secretary determines, or when either one of the two 
Committees of the Congress that are specified in section 204(e) of the 
Act (43 U.S.C. 1714(e)) notifies the Secretary, that an emergency exists 
and that extraordinary measures need to be taken to protect natural 
resources or resource values that otherwise would be lost, the Secretary 
shall immediately make a withdrawal which shall be limited in its scope 
and duration to the emergency. An emergency withdrawal shall be 
effective when signed, shall not exceed 3 years in duration and may not 
be extended by the Secretary. If it is determined that the lands 
involved in an emergency withdrawal should continue to be withdrawn, a 
withdrawal application should be submitted to the Bureau of Land 
Management in keeping with the normal procedures for processing a 
withdrawal as provided for in this subpart. Such applications will be 
subject to the provisions of section 204(c) of the Act (43 U.S.C. 
1714(c)), or section 204(d) of the Act (43 U.S.C. 1714(d), whichever is 
applicable, as well as section 204(b)(1) of the Act (43 U.S.C. 
1714(b)(1)).
    (b) When an emergency withdrawal is signed, the Secretary shall on 
the same day, send a notice of the withdrawal to the two Committees of 
the Congress that are specified for that purpose in section 204(e) of 
the Act (43 U.S.C. 1714(e)).
    (c) The Secretary shall forward a report to each of the 
aforementioned committees within 90 days after filing with them the 
notice of emergency withdrawal. Reports for all such withdrawals, 
regardless of the amount of acreage withdrawn, shall contain the 
information specified in section 204(c)(2) of the Act (43 U.S.C. 
1714(c)(2)).

[[Page 116]]



     Subpart 2320--Federal Energy Regulatory Commission Withdrawals



Sec. 2320.0-3  Authority.

    (a) Section 24 of the Federal Power Act of June 10, 1920, as amended 
(16 U.S.C. 818), provides that any lands of the United States included 
in an application for power development under that Act shall, from the 
date of filing of an application therefor, be reserved from entry, 
location or other disposal under the laws of the United States until 
otherwise directed by the Federal Energy Regulatory Commission or by 
Congress. This statute also provides that whenever the Commission shall 
determine that the value of any lands of the United States withdrawn or 
classified for power purposes shall not be injured or destroyed for such 
purposes by location, entry or selection under the public land laws, the 
Secretary of the Interior shall declare such lands open to location, 
entry or selection for such purposes under such restrictions as the 
Commission may determine are necessary, and subject to and with a 
reservation of the right of the United States or its permittees or 
licensees to enter upon, occupy and use any and all of the lands for 
power purposes. Before any lands are declared open to location, entry or 
selection, the Secretary shall give notice of his intention to make this 
declaration to the Governor of the State within which such lands are 
located, and the State shall have a preference for a period of 90 days 
from the date of this notice to file under any applicable law or 
regulation an application of the State, or any political subdivision 
thereof, for any lands required as a right-of-way for a public highway 
or as a source of materials for the construction and maintenance of such 
highways. The 90-day preference does not apply to lands which remain 
withdrawn for national forest or other purposes.
    (b) The Mining Claims Rights Restoration Act of 1955 (30 U.S.C. 621 
et seq.), opened public lands which were then, or thereafter, withdrawn 
or classified for power purposes, with specified exceptions, to mineral 
location and development under certain circumstances.



Sec. 2320.1  Lands considered withdrawn or classified for power purposes.

    The following classes of lands of the United States are considered 
as withdrawn or classified for the purposes of section 24 of the Federal 
Power Act (16 U.S.C. 818): Lands withdrawn for powersite reserves under 
sections 1 and 2 of the Act of June 25, 1910, as amended (43 U.S.C. 141-
148); lands included in an application for power development under the 
Federal Power Act (16 U.S.C. 818); lands classified for powersite 
purposes under the Act of March 3, 1879 (43 U.S.C. 31); lands designated 
as valuable for power purposes under the Act of June 25, 1910, as 
amended (43 U.S.C. 148); the Act of June 9, 1916 (39 Stat. 218, 219), 
and the Act of February 26, 1919 (40 Stat. 1178, 1180); lands within 
final hydroelectric power permits under the Act of February 15, 1901 (43 
U.S.C. 959); and lands within transmission line permits or approved 
rights-of-way under the aforementioned Act of February 15, 1901, or the 
Act of March 4, 1911 (43 U.S.C. 961).



Sec. 2320.2  General determinations under the Federal Power Act.

    (a) On April 22, 1922, the Federal Power Commission (as predecessor 
to the Federal Energy Regulatory Commission) made a general 
determination ``that where lands of the United States have heretofore 
been or hereafter may be reserved or classified as powersites, such 
reservation or classification being made solely because such lands are 
either occupied by power transmission lines or their occupancy and use 
for such purposes have been applied for or authorized under appropriate 
laws of the United States, and such lands have otherwise no value for 
power purposes, and are not occupied in trespass, the Commission 
determines that the value of such lands so reserved or classified or so 
applied for or authorized, shall not be injured or destroyed for the 
purposes of power development by location, entry or selection under the 
public land laws, subject to the reservation of section 24 of the 
Federal Power Act.''
    (b) The regulations governing mining locations on lands withdrawn or 
classified for power purposes, including lands that have been restored 
and opened to

[[Page 117]]

mining locations under section 24 of the Federal Power Act, are 
contained in subpart 3730 and in Group 3800 of this title.



Sec. 2320.3  Applications for restoration.

    (a) Other than with respect to national forest lands, applications 
for restoration and opening of lands withdrawn or classified for power 
purposes under the provisions of section 24 of the Federal Power Act 
shall be filed, in duplicate, in the proper office of the Bureau of Land 
Management as set forth in Sec. 2321.2-1 of this title. No particular 
form of application is required, but it shall be typewritten or in 
legible handwriting, and it shall contain the information required by 18 
CFR 25.1. Each application shall be accompanied by a service charge of 
$10 which is not returnable.
    (b) Favorable action upon an application for restoration shall not 
give the applicant any preference right when the lands are opened.



PART 2360--NATIONAL PETROLEUM RESERVE IN ALASKA--Table of Contents




   Subpart 2361--Management and Protection of the National Petroleum 
                            Reserve in Alaska

Sec.
2361.0-1  Purpose.
2361.0-2  Objectives.
2361.0-3  Authority.
2361.0-4  Responsibility.
2361.0-5  Definitions.
2361.0-6  [Reserved]
2361.0-7  Effect of Law.
2361.1  Protection of the environment.
2361.2  Use authorizations.
2361.3  Unauthorized use and occupancy.



   Subpart 2361--Management and Protection of the National Petroleum 
                            Reserve in Alaska

    Source:  42 FR 28721, June 3, 1977, unless otherwise noted.



Sec. 2361.0-1  Purpose.

    The purpose of the regulations in this subpart is to provide 
procedures for the protection and control of environmental, fish and 
wildlife, and historical or scenic values in the National Petroleum 
Reserve in Alaska pursuant to the provisions of the Naval Petroleum 
Reserves Production Act of 1976 (90 Stat. 303; 42 U.S.C. 6501 et seq.).



Sec. 2361.0-2  Objectives.

    The objective of this subpart is to provide for the protection of 
the environmental, fish and wildlife, and historical or scenic values of 
the Reserve so that activities which are or might be detrimental to such 
values will be carefully controlled to the extent consistent with the 
requirements of the Act for petroleum exploration of the reserve.



Sec. 2361.0-3  Authority.

    The Naval Petroleum Reserve Production Act of 1976 (90 Stat. 303, 42 
U.S.C. 6501, et seq.) is the statutory authority for these regulations.



Sec. 2361.0-4  Responsibility.

    (a) The Bureau of Land Management (BLM) is responsible for the 
surface management of the reserve and protection of the surface values 
from environmental degradation, and to prepare rules and regulations 
necessary to carry out surface management and protection duties.
    (b) The U.S. Geological Survey is responsible for management of the 
continuing exploration program during the interim between the transfer 
of jurisdiction from the U.S. Navy to the U.S. Department of the 
Interior and the effective date of any legislation for a permanent 
development and production program to enforce regulations and 
stipulations which relate to the exploration of petroleum resources of 
the Reserve, and to operate the South Barrow gas field or such other 
fields as may be necessary to supply gas at reasonable and equitable 
rates to the Native village of Barrow and other communities and 
installations at or near Point Barrow, Alaska, and to installations of 
the Department of Defense and other agencies of the U.S. located at or 
near Point Barrow, Alaska.



Sec. 2361.0-5  Definitions.

    As used in this subpart, the following terms shall have the 
following meanings:

[[Page 118]]

    (a) Act means the Naval Petroleum Reserves Production Act of 1976 
(90 Stat. 303, 42 U.S.C. 6501, et seq.).
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties of 
this subpart.
    (c) Exploration means activities conducted on the Reserve for the 
purpose of evaluating petroleum resources which include crude oil, gases 
of all kinds (natural gas, hydrogen, carbon dioxide, helium, and any 
others), natural gasoline, and related hydrocarbons (tar sands, asphalt, 
propane butane, etc.), oil shale and the products of such resources.
    (d) Reserve means those lands within the National Petroleum Reserve 
in Alaska (prior to June 1, 1977, designated Naval Petroleum Reserve No. 
  4) which was established by Executive order of the President, dated 
February 27, 1923, except for tract Numbered 1 as described in Public 
Land Order 2344 (the Naval Arctic Research Laboratory--surface estate 
only) dated April 24, 1961.
    (e) Secretary means the Secretary of the Interior.
    (f) Special areas means areas within the reserve identified by the 
Secretary of the Interior as having significant subsistence, 
recreational, fish and wildlife, or historical or scenic value and, 
therefore, warranting maximum protection of such values to the extent 
consistent with the requirements of the Act for the exploration of the 
Reserve.
    (g) Use authorization means a written approval of a request for use 
of land or resources.



Sec. 2361.0-6  [Reserved]



Sec. 2361.0-7  Effect of Law.

    (a) Subject to valid existing rights, all lands within the exterior 
boundaries of the Reserve are reserved and withdrawn from all forms of 
entry and disposition under the public land laws, including the mining 
and mineral leasing laws, and all other Acts.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
the Secretary is authorized to:
    (1) Make dispositions of mineral materials pursuant to the Act of 
July 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601), for 
appropriate use by Alaska Natives.
    (2) Make such dispositions of mineral materials and grant such 
rights-of-way, licenses, and permits as may be necessary to carry out 
his responsibilities under the Act.
    (3) Convey the surface of lands properly selected on or before 
December 18, 1975, by Native village corporations pursuant to the Alaska 
Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.).
    (c) All other provisions of law heretofore enacted and actions 
heretofore taken reserving such lands as a Reserve shall remain in full 
force and effect to the extent not inconsistent with the Act.
    (d) To the extent not inconsistent with the Act, all other public 
land laws are applicable.



Sec. 2361.1  Protection of the environment.

    (a) The authorized officer shall take such action, including 
monitoring, as he deems necessary to mitigate or avoid unnecessary 
surface damage and to minimize ecological disturbance throughout the 
reserve to the extent consistent with the requirements of the Act for 
the exploration of the reserve.
    (b) The Cooperative Procedures of January 18, 1977, for National 
Petroleum Reserve in Alaska between the Bureau of Land Management (BLM) 
and the U.S. Geological Survey (GS) (42 FR 4542, January 25, 1977) 
provides the procedures for the mutual cooperation and interface of 
authority and responsibility between GS and BLM concerning petroleum 
exploration activities (i.e., geophysical and drilling operations), the 
protection of the environment during such activities in the Reserve, and 
other related activities.
    (c) Maximum protection measures shall be taken on all actions within 
the Utikok River Uplands, Colville River, and Teshekpuk Lake special 
areas, and any other special areas identified by the Secretary as having 
significant subsistence, recreational, fish and wildlife, or historical 
or scenic value. The

[[Page 119]]

boundaries of these areas and any other special areas identified by the 
Secretary shall be identified on maps and be available for public 
inspection in the Fairbanks District Office. In addition, the legal 
description of the three special areas designated herein and any new 
areas identified hereafter will be published in the Federal Register and 
appropriate local newspapers. Maximum protection may include, but is not 
limited to, requirements for:
    (1) Rescheduling activities and use of alternative routes, (2) types 
of vehicles and loadings, (3) limiting types of aircraft in combination 
with minimum flight altitudes and distances from identified places, and 
(4) special fuel handling procedures.
    (d) Recommendations for additional special areas may be submitted at 
any time to the authorized officer. Each recommendation shall contain a 
description of the values which make the area special, the size and 
location of the area on appropriate USGS quadrangle maps, and any other 
pertinent information. The authorized officer shall seek comments on the 
recommendation(s) from interested public agencies, groups, and persons. 
These comments shall be submitted along with his recommendation to the 
Secretary. Pursuant to section 104(b) of the Act, the Secretary may 
designate that area(s) which he determines to have special values 
requiring maximum protection. Any such designated area shall be 
identified in accordance with the provision of Sec. 2361.1(c) of this 
subpart.
    (e) (1) To the extent consistent with the requirements of the Act 
and after consultation with appropriate Federal, State, and local 
agencies and Native organizations, the authorized officer may limit, 
restrict, or prohibit use of and access to lands within the Reserve, 
including special areas. On proper notice as determined by the 
authorized officer, such actions may be taken to protect fish and 
wildlife breeding, nesting, spawning, lambing of calving activity, major 
migrations of fish and wildlife, and other environmental, scenic, or 
historic values.
    (2) The consultation requirement in Sec. 2361.1(e)(1) of this 
subpart is not required when the authorized officer determines that 
emergency measures are required.
    (f) No site, structure, object, or other values of historical 
archaelogical, cultural, or paleontological character, including but not 
limited to historic and prehistoric remains, fossils, and artifacts, 
shall be injured, altered, destroyed, or collected without a current 
Federal Antiquities permit.



Sec. 2361.2  Use authorizations.

    (a) Except for petroleum exploration which has been authorized by 
the Act, use authorizations must be obtained from the authorized officer 
prior to any use within the Reserve. Only those uses which are 
consistent with the purposes and objectives of the Act will be 
authorized.
    (b) Except as may be limited, restricted, or prohibited by the 
authorized officer pursuant to Sec. 2361.1 of this subpart or otherwise, 
use authorizations are not required for (1) subsistence uses (e.g., 
hunting, fishing, and berry picking) and (2) recreational uses (e.g., 
hunting, fishing, backpacking, and wildlife observation).
    (c) Applications for use authorizations shall be filed in accordance 
with applicable regulations in this chapter. In the absence of such 
regulation, the authorized officer may make such dispositions absence of 
such regulations, the author-of mineral materials and grant such rights-
of-way, licenses, and permits as may be necessary to carry out his 
responsibilities under the Act.
    (d) In addition to other statutory or regulatory requirements, 
approval of applications for use authorizations shall be subject to such 
terms and conditions which the authorized officer determines to be 
necessary to protect the environmental, fish and wildlife, and 
historical or scenic values of the Reserve.



Sec. 2361.3  Unauthorized use and occupancy.

    Any person who violates or fails to comply with regulations of this 
subpart is subject to prosecution, including trespass and liability for 
damages, pursuant to the appropriate laws.

[[Page 120]]



PART 2370--RESTORATIONS AND REVOCATIONS--Table of Contents




           Subpart 2370--Restorations and Revocations; General

Sec.
2370.0-1  Purpose.
2370.0-3  Authority.

                        Subpart 2372--Procedures

2372.1  Notice of intention to relinquish action by holding agency.
2372.2  Report to General Services Administration.
2372.3  Return of lands to the public domain; conditions.

             Subpart 2374--Acceptance of Jurisdiction by BLM

2374.1  Property determinations.
2374.2  Conditions of acceptance by BLM.

    Authority:  63 Stat. 377 as amended, R.S. 2478; 40 U.S.C. 472, 43 
U.S.C. 1201.



           Subpart 2370--Restorations and Revocations; General



Sec. 2370.0-1  Purpose.

    The regulations of this part 2370 apply to lands and interests in 
lands withdrawn or reserved from the public domain, except lands 
reserved or dedicated for national forest or national park purposes, 
which are no longer needed by the agency for which the lands are 
withdrawn or reserved.
[35 FR 9558, June 13, 1970]



Sec. 2370.0-3  Authority.

    The Federal Property and Administrative Services Act of 1949 (63 
Stat. 377), as amended, governs the disposal of surplus Federal lands or 
interests in lands. Section 3 of that Act (40 U.S.C. 472), as amended, 
February 28, 1958 (72 Stat. 29), excepts from its provisions the 
following:
    (a) The public domain.
    (b) Lands reserved or dedicated for national forest or national park 
purposes.
    (c) Minerals in lands or portions of lands withdrawn or reserved 
from the public domain which the Secretary of the Interior determines 
are suitable for disposition under the public land mining and mineral 
leasing laws.
    (d) Lands withdrawn or reserved from the public domain, but not 
including lands or portions of lands so withdrawn or reserved which the 
Secretary of the Interior, with the concurrence of the Administrator of 
the General Services Administration, determines are not suitable for 
return to the public domain for disposition under the general public-
land laws, because such lands are substantially changed in character by 
improvements or otherwise.
[35 FR 9558, June 13, 1970]



                        Subpart 2372--Procedures

    Source:  35 FR 9558, June 13, 1970, unless otherwise noted.



Sec. 2372.1  Notice of intention to relinquish action by holding agency.

    (a) Agencies holding withdrawn or reserved lands which they no 
longer need will file, in duplicate, a notice of intention to relinquish 
such lands in the proper office (see Sec. 1821.2-1 of this chapter).
    (b) No specific form of notice is required, but all notices must 
contain the following information:
    (1) Name and address of the holding agency.
    (2) Citation of the order which withdrew or reserved the lands for 
the holding agency.
    (3) Legal description and acreage of the lands, except where 
reference to the order of withdrawal or reservation is sufficient to 
identify them.
    (4) Description of the improvements existing on the lands.
    (5) The extent to which the lands are contaminated and the nature of 
the contamination.
    (6) The extent to which the lands have been decontaminated or the 
measures taken to protect the public from the contamination and the 
proposals of the holding agency to maintain protective measures.
    (7) The extent to which the lands have been changed in character 
other than by construction of improvements.
    (8) The extent to which the lands or resources thereon have been 
disturbed and the measures taken or proposed to be taken to recondition 
the property.
    (9) If improvements on the lands have been abandoned, a 
certification that

[[Page 121]]

the holding agency has exhausted General Services Administration 
procedures for their disposal and that the improvements are without 
value.
    (10) A description of the easements or other rights and privileges 
which the holding agency or its predecessors have granted covering the 
lands.
    (11) A list of the terms and conditions, if any, which the holding 
agency deems necessary to be incorporated in any further disposition of 
the lands in order to protect the public interest.
    (12) Any information relating to the interest of other agencies or 
individuals in acquiring use of or title to the property or any portion 
of it.
    (13) Recommendations as to the further disposition of the lands, 
including where appropriate, disposition by the General Services 
Administration.



Sec. 2372.2  Report to General Services Administration.

    The holding agency will send one copy of its report on unneeded 
lands to the appropriate regional office of the General Services 
Administration for its information.



Sec. 2372.3  Return of lands to the public domain; conditions.

    (a) When the authorized officer of the Bureau of Land Management 
determines the holding agency has complied with the regulations of this 
part, including the conditions specified in Sec. 2374.2 of this subpart, 
and that the lands or interests in lands are suitable for return to the 
public domain for disposition under the general public land laws, he 
will notify the holding agency that the Department of the Interior 
accepts accountability and responsibility for the property, sending a 
copy of this notice to the appropriate regional office of the General 
Services Administration.
    (b)  [Reserved]



             Subpart 2374--Acceptance of Jurisdiction by BLM



Sec. 2374.1  Property determinations.

    (a) When the authorized officer of the Bureau of Land Management 
determines that the holding agency has complied with the regulations of 
this part and that the lands or interests in lands other than minerals 
are not suitable for return to the public domain for disposition under 
the general public land laws, because the lands are substantially 
changed in character by improvements or otherwise, he will request the 
appropriate officer of the General Services Administration, or its 
delegate, to concur in his determination.
    (b) When the authorized officer of the Bureau of Land Management 
determines that minerals in lands subject to the provisions of paragraph 
(a) of this section are not suitable for disposition under the public 
land mining or mineral leasing laws, he will notify the appropriate 
officer of the General Services Administration or its delegate of this 
determination.
    (c) Upon receipt of the concurrence specified in paragraph (a) of 
this section, the authorized officer of the Bureau of Land Management 
will notify the holding agency to report as excess property the lands 
and improvements therein, or interests in lands to the General Services 
Administration pursuant to the regulations of that Administration. The 
authorized officer of the Bureau of Land Management will request the 
holding agency to include minerals in its report to the General Services 
Administration only when the provisions of paragraph (b) of this section 
apply. He will also submit to the holding agency, for transmittal with 
its report to the General Services Administration, information of record 
in the Bureau of Land Management on the claims, if any, by agencies 
other than the holding agency of primary, joint, or secondary 
jurisdiction over the lands and on any encumbrances under the public 
land laws.
[35 FR 9559, June 13, 1970]



Sec. 2374.2  Conditions of acceptance by BLM.

    Agencies will not be discharged of their accountability and 
responsibility under this section unless and until:
    (a) The lands have been decontaminated of all dangerous materials 
and have been restored to suitable condition or, if it is uneconomical 
to decontaminate or restore them, the holding

[[Page 122]]

agency posts them and installs protective devices and agrees to maintain 
the notices and devices.
    (b) To the extent deemed necessary by the authorized officer of the 
Bureau of Land Management, the holding agency has undertaken or agrees 
to undertake or to have undertaken appropriate land treatment measures 
correcting, arresting, or preventing deterioration of the land and 
resources thereof which has resulted or may result from the agency's use 
or possession of the lands.
    (c) The holding agency, in respect to improvements which are of no 
value, has exhausted General Services Administration's procedures for 
their disposal and certifies that they are of no value.
    (d) The holding agency has resolved, through a final grant or 
denial, all commitments to third parties relative to rights and 
privileges in and to the lands or interests therein.
    (e) The holding agency has submitted to the appropriate office 
mentioned in paragraph (a) of Sec. 2372.1 a copy of, or the case file 
on, easements, leases, or other encumbrances with which the holding 
agency or its predecessors have burdened the lands or interests therein.
[35 FR 9559, June 13, 1970]



                     Group 2400--Land Classification



PART 2400--LAND CLASSIFICATION--Table of Contents




               Subpart 2400--Land Classification; General

Sec.
2400.0-2  Objectives.
2400.0-3  Authority.
2400.0-4  Responsibility.
2400.0-5  Definitions.

    Source:  35 FR 9559, June 13, 1970, unless otherwise noted.



               Subpart 2400--Land Classification; General



Sec. 2400.0-2  Objectives.

    The statutes cited in Sec. 2400.0-3 authorize the Secretary of the 
Interior to classify or otherwise take appropriate steps looking to the 
disposition of public lands, and on an interim basis, to classify public 
lands for retention and management, subject to requirements of the 
applicable statutes. In addition to any requirements of law, it is the 
policy of the Secretary (a) to specify those criteria which will be 
considered in the exercise of his authority and (b) to establish 
procedures which will permit the prompt and efficient exercise of his 
authority with, as far as is practicable, the knowledge and 
participation of the interested parties, including the general public. 
Nothing in these regulations is meant to affect applicable State laws 
governing the appropriation and use of water, regulation of hunting and 
fishing or exercise of any police power of the State.



Sec. 2400.0-3  Authority.

    (a) All vacant public lands, except those in Alaska, have been, with 
certain exceptions, withdrawn from entry, selection, and location under 
the nonmineral land laws by Executive Order 6910, of November 26, 1934, 
and Executive Order 6964 of February 5, 1935, and amendments thereto, 
and by the establishment of grazing districts under section 1 of the Act 
of June 28, 1934 (48 Stat. 1269), as amended (43 U.S.C. 315). Section 7 
of the Act of June 28, 1934 (48 Stat. 1272), as amended (43 U.S.C. 
315f), authorizes the Secretary of the Interior in his discretion to 
examine and classify and open to entry, selection, or location under 
applicable law any lands withdrawn or reserved by Executive Order 6910 
of November 26, 1934, or Executive Order 6964 of February 5, 1935, and 
amendments thereto, or within a grazing district established under that 
act which he finds are more valuable or suitable for the production of 
agricultural crops than for the production of native grasses and forage 
plants, or more valuable or suitable for any other use than for the use 
provided for under said act, or proper for acquisition in satisfaction 
of any outstanding lieu, exchange, or scrip rights or land grant. 
Classification under section 7 is a prerequisite to the approval of all 
entries, selections, or locations under the following subparts of this 
chapter, except as they apply to Alaska and with certain other 
exceptions: Original, Additional, Second, and Adjoining Farm 
Homesteads--subparts 2511, 2512, and 2513; Enlarged Homestead--subpart 
2514; Indian Allotments--part 2530;

[[Page 123]]

Desert Land Entries--part 2520; Recreation and Public Purposes Act--part 
2740 and subpart 2912; State Grants for Educational, Institutional, and 
Park Purposes--part 2620; Scrip Selections--part 2610 and Exchanges for 
the Consolidation or Extension of National Forests, Indian Reservations 
or Indian Holdings--Group 2200.
    (b) Section 8(b) of the Act of June 28, 1934 (48 Stat. 1272), as 
amended (43 U.S.C. 315g), authorizes the Secretary of the Interior, when 
public interests will be benefited thereby, to accept on behalf of the 
United States title to any privately owned lands within or without the 
boundaries of a grazing district established under that act and in 
exchange therefor to issue patent for not to exceed an equal value of 
surveyed grazing district land or of unreserved surveyed public land in 
the same State or within a distance of not more than 50 miles within the 
adjoining State nearest the base lands. The regulations governing such 
exchanges are contained in Group 2200 of this chapter.
    (c) Section 2455 of the Revised Statutes, as amended (43 U.S.C. 
1171), authorizes the Secretary of the Interior in his discretion to 
order into market and sell at public auction isolated or disconnected 
tracts of public land not exceeding 1,520 acres, and tracts not 
exceeding 760 acres the greater part of which are mountainous or too 
rough for cultivation. The regulations governing such sales are 
contained in part 2710 of this chapter.
    (d) Section 3 of the Act of August 28, 1937 (50 Stat. 875, 43 U.S.C. 
1181c), authorizes the Secretary of the Interior to classify, either on 
application or otherwise, and restore to homestead entry, or purchase 
under the provisions of section 2455 of the Revised Statutes, as 
amended, any of the revested Oregon and California Railroad or 
reconveyed Coos Bay Wagon Road grant land which, in his judgment, is 
more suitable for agricultural use than for afforestation, 
reforestation, stream-flow protection, recreation, or other public 
purposes. The regulations governing disposal under this act are 
contained in part 2710 of this chapter.
    (e) The Small Tract Act of June 1, 1938 (52 Stat. 609), as amended 
(43 U.S.C. 682a-e), authorizes the Secretary of the Interior, in his 
discretion, to lease or sell certain classes of public lands which he 
classifies as chiefly valuable for residence, recreation, business or 
community site purposes. The regulations governing leases and sales 
under this act are contained in part 2730 and subpart 2913 of this 
chapter.
    (f) The Recreation and Public Purposes Act of June 14, 1926 (44 
Stat. 741), as amended (43 U.S.C. 869-869-4), requires the Secretary of 
the Interior, in the exercise of his discretion to make a determination 
that land is to be used for an established or definitely proposed 
project, and in the case of Alaska authorizes him to classify certain 
classes of public lands for lease or sale for recreation or other public 
purposes. The regulations governing lease and sale of land under this 
act are contained in part 2740 and subpart 2912 of this chapter.
    (g) The Act of July 31, 1939 (53 Stat. 1144), authorizes and 
empowers the Secretary of the Interior, in the administration of the Act 
of August 28, 1937 (supra), in his discretion, to exchange any land 
formerly granted to the Oregon & California Railroad Co., title to which 
was revested in the United States pursuant to the provisions of the Act 
of June 9, 1916 (39 Stat. 218), and any land granted to the State of 
Oregon, title to which was reconveyed to the United States by the 
Southern Oregon Co. pursuant to the provisions of the Act of February 
26, 1919 (40 Stat. 1179), for lands of approximately equal aggregate 
value held in private, State, or county ownership, either within or 
contiguous to the former limits of such grants, when by such action the 
Secretary of the Interior will be enabled to consolidate advantageously 
the holdings of lands of the United States. The regulations governing 
exchanges under this act are contained in part 2260 of this chapter.
    (h) The Alaska Public Sales Act of August 30, 1949 (63 Stat. 679), 
as amended (48 U.S.C. 364a-f), authorizes the Secretary of the Interior 
in his discretion to classify certain classes of public lands in Alaska 
for public sale for industrial or commercial purposes. The regulations 
governing sales of land under this act are contained in part 2770 of 
this chapter.

[[Page 124]]

    (i) The Public Land Sale Act of September 19, 1964 (78 Stat. 988, 43 
U.S.C. 1421-27), authorizes and directs the Secretary of the Interior to 
sell public lands in tracts not exceeding 5,120 acres, that have been 
classified for sale in accordance with a determination that (1) the 
lands are required for the orderly growth and development of a community 
or (2) the lands are chiefly valuable for residential, commercial, 
agricultural (which does not include lands chiefly valuable for grazing 
or raising forage crops), industrial, or public uses or development. The 
regulations governing such sales are contained in part 2720 of this 
chapter.
    (j) The Classification and Multiple Use Act of September 19, 1964 
(78 Stat. 986, 43 U.S.C. 1411-18), authorizes the Secretary of the 
Interior to determine which of the public lands (and other Federal 
lands), including those situated in the State of Alaska exclusively 
administered by him through the Bureau of Land Management shall be (1) 
sold because they are (i) required for the orderly growth and 
development of a community or (ii) are chiefly valuable for residential, 
commercial, agricultural (which does not include lands chiefly valuable 
for grazing or raising forage crops), industrial, or public uses or 
development or (2) retained, at least for the time being, in Federal 
ownership and managed for (i) domestic livestock grazing, (ii) fish and 
wildlife development and utilization, (iii) industrial development, (iv) 
mineral production, (v) occupancy, (vi) outdoor recreation, (vii) timber 
production, (viii) watershed protection, (ix) wilderness preservation, 
or (x) preservation of public values that would be lost if the land 
passed from Federal ownership.



Sec. 2400.0-4  Responsibility.

    (a) Except where specified to the contrary in this group, the 
authority of the Secretary of the Interior to classify lands and make 
other determinations in accordance with the regulations of this part has 
been delegated to persons authorized to act in his name; to the 
Director, Bureau of Land Management and persons authorized to act in his 
name; to State Directors of the Bureau of Land Management and to any 
person authorized to act in the name of a State Director.
    (b) Classifications and other determinations in accordance with the 
regulations of this group may be made by the authorized officer whether 
or not applications or petitions have been filed for the lands.



Sec. 2400.0-5  Definitions.

    As used in the regulations of this group--
    (a) Residential refers to single or multi-family dwellings or 
combinations thereof, and related community facilities, both seasonal 
and year-round.
    (b) Commercial refers to the sale, exchange, or distribution of 
goods and services.
    (c) Industrial refers to the manufacture, processing, and testing of 
goods and materials, including the production of power. It does not 
refer to the growing of agricultural crops, or the raising of livestock, 
or the extraction or severance of raw materials from the land being 
classified, but it does include activities incidental thereto.
    (d) Agricultural refers to the growing of cultivated crops.
    (e) Community refers to a village, town or city, or similar 
subdivision of a State, whether or not incorporated.
    (f) Domestic livestock refers to cattle, horses, sheep, goats and 
other grazing animals owned by livestock operators, provided such 
operators meet the qualification set forth in Sec. 4111.1-1 or 
Sec. 4131.1-3 of this chapter. This definition includes animals raised 
for commercial purposes and also domestic livestock within the meaning 
of Sec. 4111.3-1(d)(1) of this chapter.
    (g) Fish and wildlife refers to game, fish and other wild animals 
native or adaptable to the public lands and waters.
    (h) Mineral refers to any substance that (1) is recognized as 
mineral, according to its chemical composition, by the standard 
authorities on the subject, or (2) is classified as mineral product in 
trade or commerce, or (3) possesses economic value for use in trade, 
manufacture, the sciences, or in the mechanical or ornamental arts.

[[Page 125]]

    (i) Occupancy refers to use of lands as a site for any type of 
useful structure whatsoever.
    (j) Outdoor recreation includes, but is not limited to, hunting, 
fishing, trapping, photography, horseback riding, picnicking, hiking, 
camping, swimming, boating, rock and mineral collecting, sightseeing, 
mountain climbing, and skiing.
    (k) Timber production refers to the growth of trees in forests and 
woodlands.
    (l) Watershed protection refers to maintenance of the stability of 
soil and soil cover and the control of the natural flow of water.
    (m) Wilderness refers to areas in a native condition or reverted to 
a native condition, substantially free of man-made structures and human 
habitation.
    (n) Public value refers to an asset held by, or a service performed 
for, or a benefit accruing to the people at large.
    (o) Multiple use means the management of the various surface and 
subsurface resources so that they are utilized in the combination that 
will best meet the present and future needs of the American people; the 
most judicious use of the land for some or all of these resources or 
related services over areas large enough to provide sufficient latitude 
for periodic adjustments in use to conform to changing needs and 
conditions; the use of some land for less than all of the resources; and 
harmonious and coordinated management of the various resources, each 
with the other, without impairment of the productivity of the land, with 
consideration being given to the relative values of the various 
resources, and not necessarily the combination of uses that will give 
the greatest dollar return or the greatest unit output.
    (p) Sustained yield of the several products and services means the 
achievement and maintenance of a high-level annual or regular periodic 
output of the various renewable resources of land without impairment of 
the productivity of the land.



PART 2410--CRITERIA FOR ALL LAND CLASSIFICATIONS--Table of Contents






                     Subpart 2410--General Criteria



Sec. 2410.1  All classifications.

    All classifications under the regulations of this part will give due 
consideration to ecology, priorities of use, and the relative values of 
the various resources in particular areas. They must be consistent with 
all the following criteria:
    (a) The lands must be physically suitable or adaptable to the uses 
or purposes for which they are classified. In addition, they must have 
such physical and other characteristics as the law may require them to 
have to qualify for a particular classification.
    (b) All present and potential uses and users of the lands will be 
taken into consideration. All other things being equal, land 
classifications will attempt to achieve maximum future uses and minimum 
disturbance to or dislocation of existing users.
    (c) All land classifications must be consistent with State and local 
government programs, plans, zoning, and regulations applicable to the 
area in which the lands to be classified are located, to the extent such 
State and local programs, plans, zoning, and regulations are not 
inconsistent with Federal programs, policies, and uses, and will not 
lead to inequities among private individuals.
    (d) All land classifications must be consistent with Federal 
programs and policies, to the extent that those programs and policies 
affect the use or disposal of the public lands.
[35 FR 9560, June 13, 1970]



Sec. 2410.2  Relative value, disposal or retention.

    When, under the criteria of this part, a tract of land has potential 
for either retention for multiple use management or for some form of 
disposal, or for more than one form of disposal, the relative scarcity 
of the values involved and the availability of alternative means and 
sites for realization of those values will be considered. Long-term

[[Page 126]]

public benefits will be weighed against more immediate or local 
benefits. The tract will then be classified in a manner which will best 
promote the public interests.
[35 FR 9560, June 13, 1970]



PART 2420--MULTIPLE-USE MANAGEMENT CLASSIFICATIONS--Table of Contents






   Subpart 2420--Criteria for Multiple-Use Management Classifications



Sec. 2420.1  Use of criteria.

    In addition to the general criteria in subpart 2410, the following 
criteria will be used to determine whether public lands will be 
retained, in Federal ownership and managed for domestic livestock 
grazing, fish and wildlife development and utilization, industrial 
development, mineral production, occupancy, outdoor recreation, timber 
production, watershed protection, wilderness preservation, or 
preservation of public values that would be lost if the land passed from 
Federal ownership.
[35 FR 9561, June 13, 1970]



Sec. 2420.2  Criteria.

    Lands may be classified for retention under the Classification and 
Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411-
18), if they are not suitable for disposal under the criteria set forth 
in part 2430 and such classification will do one or more of the 
following:
    (a) Assist in effective and economical administration of the public 
lands in furtherance of the several objectives of such administration as 
expressed in the various public land laws.
    (b) Further the objectives of Federal natural resource legislation 
directed, among other things towards:
    (1) Stabilization and development of the livestock industry 
dependent upon Federal lands, such as sections 1 and 15 of the Taylor 
Grazing Act (43 U.S.C. 315 and 315m), and the Alaska Grazing Act (48 
U.S.C. 471-471o).
    (2) Provision or preservation of adequate areas of public hunting 
and fishing grounds and public access thereto, and maintenance of 
habitat and food supplies for the fish and wildlife dependent upon the 
public lands and maintained under Federal and State programs, such as 
section 9 of the Taylor Grazing Act (43 U.S.C. 315h) and the Fish and 
Wildlife Coordination Act (16 U.S.C. 661-666c).
    (3) Fostering the economy of the nation by industrial and mineral 
development, such as through the materials sales and mineral leasing 
laws (Group 3000 of this chapter) and the rights-of-way laws (Group 2800 
of this chapter).
    (4) Realization of the beneficial utilization of the public lands 
through occupancy leases, such as under the Recreation and Public 
Purposes Act (43 U.S.C. 869-869-4) and the Small Tract Act (43 U.S.C. 
682a-682e).
    (5) Provision of needed recreation, conservation, and scenic areas 
and open space (42 U.S.C. 1500-1500e) and assurance of adequate outdoor 
recreation resources for present and future generations of Americans (16 
U.S.C. 460-1 et seq.).
    (6) Stabilization of the timber industry and dependent communities 
and sustained-yield production of timber and other forest products, such 
as the Materials Sales Act (30 U.S.C. 601-604), and, in connection with 
management of other Federal lands, the O and C Act (43 U.S.C. 1181a-
1181f, 1181g-1181j).
    (7) Protection of frail lands, conservation of productive soils and 
water supplies, and prevention of damage and loss due to excessive 
runoff, flooding, salination, and siltation, such as the Soil and 
Moisture Conservation Act (16 U.S.C. 590a et seq.) and section 2 of the 
Taylor Grazing Act (43 U.S.C. 315a).
    (c) Preservation of public values that would be lost if the land 
passed from Federal ownership (43 U.S.C. 1411-1418) such as where
    (1) The lands are needed to protect or enhance established Federal 
programs, by such means as provision of buffer zones, control of access, 
maintenance of water supplies, reduction and prevention of water 
pollution, exclusion of nonconforming inholdings, maintenance of 
efficient management areas, provision of research areas, and maintenance 
of military areas or sites for other government activities.
    (2) The lands should be retained in Federal ownership pending 
enactment

[[Page 127]]

of Federal legislation, which would affect them.
    (3) The lands should be retained in Federal ownership pending their 
acquisition by a State or local government.
    (4) The lands are best suited for multiple use management and 
require management for a mixture of uses in order to best benefit the 
general public and such management could not be achieved if the lands 
were in private ownership.
    (5) The lands contain scientific, scenic, historic, or wilderness 
values which would be lost to the general public if they were 
transferred out of Federal ownership.
    (6) Transfer of the lands would be inconsistent with national 
objectives for the preservation of natural beauty of the country and the 
proper utilization of open space.
[35 FR 9561, June 13, 1970]



PART 2430--DISPOSAL CLASSIFICATIONS--Table of Contents




           Subpart 2430--Criteria for Disposal Classifications

Sec.
2430.1  Use of criteria.
2430.2  General criteria for disposal classification.
2430.3  Additional criteria for classification of lands needed for urban 
          or suburban purposes.
2430.4  Additional criteria for classification of lands valuable for 
          public purposes.
2430.5  Additional criteria for classification of lands valuable for 
          residential, commercial, agricultural, or industrial purposes.
2430.6  Additional criteria for lands valuable for other purposes.

    Source:  35 FR 9561, June 13, 1970, unless otherwise noted.



           Subpart 2430--Criteria for Disposal Classifications



Sec. 2430.1  Use of criteria.

    In addition to the general criteria in subpart 2410 the following 
criteria will govern classifications under the authorities listed in 
Sec. 2400.0-3 for sale, selection, grant or other disposal under the 
Public Land Sale Act (78 Stat. 988, 43 U.S.C. 1421-1427) and other laws 
authorizing the Secretary of the Interior to dispose of public lands. 
The criteria are set forth in terms of land use classes. Where 
appropriate, the applicability of specific disposal laws to lands in 
each use class is discussed.



Sec. 2430.2  General criteria for disposal classification.

    The general approach to determine the act under which lands are to 
be classified and disposed of is as follows:
    (a) Consideration under criteria listed in this part will first be 
given to whether the lands can be classified for retention for multiple 
use management, for disposal, or for both. If, under these criteria, 
they could be classified for both, the principles of Sec. 2410.2 will be 
applied.
    (b) If the lands are found to be suitable for disposal, 
consideration under the criteria of this part will be given to whether 
the lands are needed for urban or suburban purposes or whether they are 
chiefly valuable for other purposes. Lands found to be valuable for 
public purposes will be considered chiefly valuable for public purposes, 
except in situations where alternate sites are available to meet the 
public needs involved.



Sec. 2430.3  Additional criteria for classification of lands needed for urban or suburban purposes.

    (a) To be needed for urban or suburban purposes it must be 
anticipated that a community will embrace the lands within 15 years.
    (b) Lands determined to be needed for urban or suburban purposes may 
be classified for sale pursuant to the Public Land Sale Act as being 
required for the orderly growth and development of a community, if (1) 
adequate zoning regulations are in effect and (2) adequate local 
governmental comprehensive plans have been adopted.
    (c) Lands determined to be needed for urban or suburban purposes may 
be classified for disposal under any appropriate law other than the 
Public Land Sale Act, if disposal under such other authority would be 
consistent with local comprehensive plans, or in the absence of such 
plans, with the views of local governmental authorities.
    (d) Where more than one form of disposal is possible, the authorized 
officer will select that course of action which

[[Page 128]]

will best promote development of the land for urban or suburban 
purposes.



Sec. 2430.4  Additional criteria for classification of lands valuable for public purposes.

    (a) To be valuable for public purposes, lands must be suitable for 
use by a State or local governmental entity or agency for some 
noncommercial and nonindustrial governmental program or suitable for 
transfer to a non-Federal interest in a transaction which will benefit a 
Federal, State, or local governmental program.
    (b) Lands found to be valuable for public purposes may be classified 
for sale pursuant to the Public Land Sale Act as chiefly valuable for 
public uses or development or for transfer in satisfaction of a State 
land grant, or for transfer to a State or local governmental agency in 
exchange for other property, or for transfer to a governmental agency 
under any applicable act of Congress other than the Recreation and 
Public Purposes Act (44 Stat. 741), as amended (43 U.S.C. 869-869-4), if 
(1) the proposed use includes profit activities or if the interested, 
qualified governmental agency and the authorized officer agree that 
there is no need for the perpetual dedication of the lands to public 
uses required by the Recreation and Public Purposes Act, and (2) in the 
case of sales under the Public Land Sale Act, adequate zoning 
regulations exist in the area in which the lands are located.
    (c) Lands found to be valuable for public purposes will ordinarily 
be classified for sale or lease under the Recreation and Public Purposes 
Act (see part 2740 and subpart 2912 of this chapter) if the proposed use 
involves nonprofit activities and if it is determined by the authorized 
officer that the provisions of that Act are required to insure the 
continued dedication of the lands to such uses, or otherwise to carry 
out the purposes of the Act.
    (d) Lands may be classified for exchange under appropriate authority 
where they are found to be chiefly valuable for public purposes because 
they have special values, arising from the interest of exchange 
proponents, for exchange for other lands which are needed for the 
support of a Federal program.



Sec. 2430.5  Additional criteria for classification of lands valuable for residential, commercial, agricultural, or industrial purposes.

    (a) Lands which have value for residential, commercial, 
agricultural, or industrial purposes, or for more than one of such 
purposes, will be considered chiefly valuable for that purpose which 
represents the highest and best use of the lands, i.e., their most 
profitable legal use in private ownership.
    (b) Lands may be classified for sale pursuant to the Public Land 
Sale Act as being chiefly valuable for residential, commercial, 
agricultural, or industrial uses or development (other than grazing use 
or use for raising native forage crops), if (1) adequate zoning 
regulations are in effect, and, where the lands also are needed for 
urban or suburban development, (2) adequate local governmental 
comprehensive plans have been adopted.
    (c) Lands determined to be valuable for residential, commercial, 
agricultural, or industrial purposes may be classified for disposal 
under any appropriate authority other than the Public Land Sale Act if 
(1) disposal under such other authority would be consistent with local 
governmental comprehensive plans, or (2) in the absence of such plans, 
with the views of local governmental authorities.
    (d) Lands outside of Alaska may be classified as suitable for 
homestead entry under part 2510 of this chapter if they are (1) chiefly 
valuable for agricultural purposes, and (2) suitable for development as 
a home and farm for a man and his family, and (3) the anticipated return 
from agricultural use of the land would support the residents. If it is 
determined that the irrigation of land otherwise suitable for homestead 
entry would endanger the supply of adequate water for existing users or 
cause the dissipation of water reserves, such land will not be 
classified for entry. Land may be classified for homestead entry only if 
rainfall is adequate, or if under State law, there is available to the 
land sufficient irrigation water, to permit agricultural development of 
its cultivable portions.

[[Page 129]]

    (e) Lands may be classified as suitable for desert land entry under 
part 2520 of this chapter if (1) the lands are chiefly valuable for 
agricultural purposes, and (2) all provisions concerning irrigation 
water set forth in Sec. 2430.5(d) are met.
    (f) Lands outside of Alaska may be classified as suitable for Indian 
allotment under part 2530 of this chapter if (1) the lands are valuable 
for agricultural purposes, and (2) the lands are on the whole suitable 
for a home for an Indian and his family, and (3) the anticipated return 
from agricultural use of the land would support the residents, and (4) 
the requirements for water supplies set forth in Sec. 2430.5(d) are met.
    (g) Lands determined to be valuable for purposes other than public 
purposes may be determined to be suitable for exchange if the 
acquisition of the offered lands, the disposition of the public lands, 
and the anticipated costs of consummating the exchange will not disrupt 
governmental operations.



Sec. 2430.6  Additional criteria for lands valuable for other purposes.

    Lands may be classified for disposal under any applicable authority 
where they are found to be chiefly valuable for purposes other than 
those described in Secs. 2430.2-2430.5 of this section and to be not 
suitable for retention for multiple use management.



PART 2440--SEGREGATION BY CLASSIFICATION--Table of Contents




                 Subpart 2440--Criteria for Segregation

Sec.
2440.1  Use of criteria.
2440.2  General criterion.
2440.3  Specific criteria for segregative effect of classification for 
          retention.
2440.4  Specific criteria for segregative effect of classification for 
          disposal.

    Source:  35 FR 9562, June 13, 1970, unless otherwise noted.



                 Subpart 2440--Criteria for Segregation



Sec. 2440.1  Use of criteria.

    The following criteria will govern the determination of the extent 
to which classifications and proposed classifications will segregate the 
affected lands from settlement, location, sale, selection, entry, lease, 
or other forms of disposal under the public land laws, including the 
mining and mineral leasing laws. The segregative effect of each 
classification or proposed classification will be governed by applicable 
laws and regulations, and will be stated in the classification notice or 
decision.



Sec. 2440.2  General criterion.

    The public lands classified or proposed to be classified under the 
regulations of this part will be kept open to (i.e., not segregated 
from) as many forms of disposal as possible consistent with the purposes 
of the classification and the resource values of the lands.



Sec. 2440.3  Specific criteria for segregative effect of classification for retention.

    (a) Public lands classified or proposed to be classified for 
retention for multiple-use management will be segregated from those 
forms of disposal which, if the lands remain open thereto, could:
    (1) Interfere significantly with the management of the lands under 
principles of multiple use and sustained yield, or
    (2) Impair or prevent, to an appreciable extent, realization of 
public values in the lands, or
    (3) Impair or prevent, to an appreciable extent, realization of the 
objectives of retention and management set forth in part 2420, or
    (4) Lead to unnecessary expenditures of public or private funds 
arising out of individual efforts to acquire public lands under laws, 
which are in fact not applicable, because of the nature of the resources 
of the lands.
    (b) In applying the criteria in paragraph (b)(1) of this section, 
land shall not be closed to mining location unless the nonmineral uses 
would be inconsistent with and of greater importance to the public 
interest than the continued search for a deposit of valuable minerals.

[[Page 130]]



Sec. 2440.4  Specific criteria for segregative effect of classification for disposal.

    Public lands classified or proposed to be classified for disposal 
will be segregated from those forms of disposal which, if the lands 
remained open thereto, could interfere with the orderly disposal of the 
lands pursuant to appropriate law. Public lands classified or proposed 
to be classified for sale under the Public Land Sale Act (78 Stat. 988, 
43 U.S.C. 1411-18) will be segregated from all forms of disposal under 
the mining and mineral leasing laws.



PART 2450--PETITION-APPLICATION CLASSIFICATION SYSTEM--Table of Contents




              Subpart 2450--Petition-Application Procedures

Sec.
2450.1  Filing of petition.
2450.2  Preliminary determination.
2450.3  Proposed classification decision.
2450.4  Protests: Initial classification decision.
2450.5  Administrative review.
2450.6  Effect of final order.
2450.7  Right to occupy or settle.
2450.8  Preference right of petitioner-applicant.

    Source:  35 FR 9563, June 13, 1970, unless otherwise noted.



              Subpart 2450--Petition-Application Procedures



Sec. 2450.1  Filing of petition.

    (a) When (1) land must be classified or designated pursuant to the 
authorities cited in Sec. 2400.0-3 before an application may be approved 
and (2) the filing of applications is permitted prior to classification, 
the application together with a petition for classification on a form 
approved by the Director (hereinafter referred to collectively as a 
petition-application) must be filed in accordance with the provisions of 
Sec. 1821.2 of this chapter. Lists indicating the proper office for 
filing of applications may be obtained from the Director or any other 
officer of the Bureau of Land Management. Copies of the petition for 
classification form and the application forms may be obtained from the 
proper offices or from the Bureau of Land Management, Washington, DC 
20240.



Sec. 2450.2  Preliminary determination.

    Upon the filing of a petition-application, the authorized officer 
shall make a preliminary determination as to whether it is regular upon 
its face and, where there is no apparent defect, shall proceed to 
investigate and classify the land for which it has been filed. No 
further consideration will be given to the merits of an application or 
the qualifications of an applicant unless or until the land has been 
classified for the purpose for which the petition-application has been 
filed.



Sec. 2450.3  Proposed classification decision.

    (a) The State Director shall make and issue a proposed 
classification decision which shall contain a statement of reasons in 
support thereof. Such decisions shall be served upon (1) each 
petitioner-applicant for the land, (2) any grazing permittee, licensee, 
or lessee on the land, or his representative, (3) the District Advisory 
Board, (4) the local governing board, planning commission, State 
coordinating committee, or other official or quasi-official body having 
jurisdiction over zoning in the geographic area within which the lands 
are located, and (5) any governmental officials or agencies from whom 
the record discloses comments on the classification have been received. 
If the decision affects more than 2,560 acres and would lead to the 
disposal of the lands, the decision will also be published in accordance 
with the provisions of subpart 2462.
    (b) When there are multiple petition-applications for the same land, 
the proposed classification decision shall state which petition-
application, if any, will be entitled to preference under applicable 
law; or where no petition-application has been filed for the purpose for 
which the land is proposed to be classified, the decision shall so 
state.
    (1) When multiple petition-applications have been filed for the same 
land, the one first filed for the purpose for which the land is 
classified will be entitled to preference under applicable law.

[[Page 131]]

    (2) When two or more petition-applications have been simultaneously 
filed for the purpose for which the land is classified, the petition-
application entitled to preference will be the first to be selected by 
drawing.
    (3) If no petition-application has been filed for the purpose for 
which it is proposed to classify the land, the proposed decision shall 
state that the land will be opened to application by all qualified 
individuals on an equal-opportunity basis after public notice.



Sec. 2450.4  Protests: Initial classification decision.

    (a) For a period of 30 days after the proposed classification 
decision has been served upon the parties listed in Sec. 2450.3(a), 
protests thereto may be filed by an interested party with the State 
Director. No particular form of protest is required under this 
subparagraph, it being the intent of this procedure to afford the State 
Director the opportunity to review the proposed classification decision 
in the light of such protests.
    (b) If no protests are filed within the time allowed, the proposed 
classification action shall be issued as the initial classification 
decision of the State Director, and shall be served on the petitioner-
applicants and upon grazing permittees, licensees, or lessees.
    (c) If protests are timely filed, they shall be reviewed by the 
State Director, who may require statements or affidavits, take 
testimony, or conduct further field investigations as are deemed 
necessary to establish the facts. At the conclusion of such review, the 
State Director shall issue an initial classification decision, either 
revised or as originally proposed, which shall be served on all 
interested parties.



Sec. 2450.5  Administrative review.

    (a) For a period of 30 days after service thereof upon all parties 
in interest, the initial classification decision of the State Director 
shall be subject to the exercise of supervisory authority by the 
Secretary of the Interior for the purpose of administrative review.
    (b) If, 30 days from receipt by parties in interest of the initial 
decision of the State Director, the Secretary has not either on his own 
motion, or motion of any protestant, petitioner-applicant, or the State 
Director, exercised supervisory authority for review, the initial 
classification decision shall become the final order of the Secretary.
    (c) The exercise of supervisory authority by the Secretary shall 
automatically vacate the initial classification decision and the final 
Departmental decision shall be issued by the Secretary of the Interior 
and served upon all parties in interest.
    (d) No petitioner-applicant or protestant to a proposed 
classification decision of a State Director to whom the provisions of 
this section are applicable shall be entitled to any administrative 
review other than that provided by this section or to appeal under 
provisions of parts 1840 and 1850 of this chapter.



Sec. 2450.6  Effect of final order.

    (a) A final order of the Secretary shall continue in full force and 
effect so long as the lands remain subject to classification under the 
authorities cited in subpart 2400 until an authorized officer revokes or 
modifies it. Until it is so revoked or modified, all applications and 
petition-applications for the lands not consistent with the 
classification of the lands will not be allowed. Any payments submitted 
therewith will be returned. If the order is revoked or modified, the 
land will be opened to entry on an equal-opportunity basis after public 
notice in accordance with applicable regulations for the purpose for 
which it may be classified.
    (b) Nothing in this section, however, shall prevent the Secretary of 
the Interior, personally and not through a delegate, from vacating or 
modifying a final order of the Secretary. In the event that the 
Secretary vacates or modifies a final order within sixty days of the 
date it became final, any preference right of a petitioner-applicant 
will be restored.



Sec. 2450.7  Right to occupy or settle.

    The filing of a petition-application gives no right to occupy or 
settle upon the land. A person shall be entitled to the possession and 
use of land only after his entry, selection, or location has been 
allowed, or a lease has been

[[Page 132]]

issued. Settlement on the land prior to that time constitutes a 
trespass.



Sec. 2450.8  Preference right of petitioner-applicant.

    Where public land is classified for entry under section 7 of the 
Taylor Grazing Act or under the Small Tract Act pursuant to a petition-
application filed under this part, the petitioner-applicant is entitled 
to a preference right of entry, if qualified. If, however, it should be 
necessary thereafter for any reason to reject the application of the 
preference right claimant, the next petitioner-applicant in order of 
filing shall succeed to the preference right. If there is no other 
petitioner-applicant the land may be opened to application by all 
qualified individuals on an equal-opportunity basis after public notice 
or the classification may be revoked by the authorized officer.



PART 2460--BUREAU INITIATED CLASSIFICATION SYSTEM--Table of Contents




          Subpart 2461--Multiple-Use Classification Procedures

Sec.
2461.0-1  Purpose.
2461.1  Proposed classifications.
2261.2  Classifications.
2461.3  Administrative review.
2461.4  Changing classifications.
2461.5  Segregative effect.

    Subpart 2462--Disposal Classification Procedure: Over 2,560 Acres

2462.0-3  Authority.
2462.1  Publication of notice of, and public hearings on, proposed 
          classification.
2462.2  Publication of notice of classification.
2462.3  Administrative review.
2462.4  Segregative effect of publication.



          Subpart 2461--Multiple-Use Classification Procedures

    Source:  35 FR 9564, June 13, 1970, unless otherwise noted.



Sec. 2461.0-1  Purpose.

    Formal action to classify land for retention for multiple use 
management will be governed by the following procedures



Sec. 2461.1  Proposed classifications.

    (a) Proposed classifications will be clearly set forth on a map by 
the authorized officer, and on the Land Office records.
    (1) Notice of proposed classifications involving more than 2,560 
acres will be, and those involving 2,560 acres or less may be, published 
in the Federal Register and an announcement in a newspaper having 
general circulation in the area or areas in the vicinity of the affected 
lands.
    (2) Notice of the proposals will be sent to authorized users, 
licensees, lessees, and permittees, or their selected representatives, 
the head of the governing body of the political subdivision of the 
State, if any, having jurisdiction over zoning in the geographic area in 
which the lands are located, the governor of that State, the BLM 
multiple use advisory board in that State, and the District advisory 
board and to any other parties indicating interest in such 
classifications.
    (3) The notice will indicate where and when the map and Land Office 
records may be examined. The notice will specify the general location of 
the lands, the acreage involved, and the extent to which the land is 
proposed to be segregated from settlement, location, sale, selection, 
entry, lease, or other form of disposal under the public land laws, 
including the mining and mineral leasing laws. The notice of proposed 
classification will specify the period during which comments will be 
received, which will not be less than 60 days from date of publication 
of the notice.
    (4) The authorized officer will hold a public hearing on the 
proposal if (i) the proposed classification will affect more than 25,000 
acres or (ii) he determines that sufficient public interest exists to 
warrant the time and expense of a hearing.



Sec. 2461.2  Classifications.

    Not less than 60 days after publication of the proposed 
classification, a classification will be made by the authorized officer, 
and a notice of classification published in the Federal Register and 
recorded in the Land Office records and on a map which will be filed in 
the local BLM District Office.

[[Page 133]]

Such map will be available for public inspection.



Sec. 2461.3  Administrative review.

    For a period of 30 days after publication of the classification in 
the Federal Register, the classification shall be subject to the 
exercise of administrative review and modification by the Secretary of 
the Interior.



Sec. 2461.4  Changing classifications.

    Classifications may be changed, using the procedures specified in 
this subpart.



Sec. 2461.5  Segregative effect.

    Segregative effect of classifications and proposed classifications:
    (a) Publication in the Federal Register of a notice of proposed 
classification pursuant to Sec. 2461.1(a) or of a notice of 
classification pursuant to Sec. 2461.2 will segregate the affected land 
to the extent indicated in the notice.
    (b) The segregative effect of a proposed classification will 
terminate in one of the following ways:
    (1) Classification of the lands within 2 years of publication of the 
notice of proposed classification in the Federal Register;
    (2) Publication in the Federal Register of a notice of termination 
of the proposed classification;
    (3) An Act of Congress;
    (4) Expiration of a 2-year period from the date of publication of 
the notice of proposed classification without continuance as prescribed 
by the Classification and Multiple Use Act, or expiration of an 
additional period, not exceeding 2 years, if the required notice of 
proposed continuance is given.
    (c) The segregative effect of a classification for retention will 
terminate in one of the following ways:
    (1) Reclassification of the lands for some form of disposal;
    (2) Publication in the Federal Register of a notice of termination 
of the classification;
    (3) An Act of Congress;
    (4) Expiration of the classification.



    Subpart 2462--Disposal Classification Procedure: Over 2,560 Acres

    Source:  35 FR 9564, June 13, 1970, unless otherwise noted.



Sec. 2462.0-3  Authority.

    Section 2 of the Classification and Multiple Use Act of September 
19, 1964 (78 Stat. 986, 43 U.S.C. 1412), requires the Secretary of the 
Interior to take certain actions when he proposes the classification for 
sale or other disposal under any statute of a tract of land in excess of 
2,560 acres.



Sec. 2462.1  Publication of notice of, and public hearings on, proposed classification.

    The authorized officer shall publish a notice of his proposed 
classification in the Federal Register and an announcement in a 
newspaper having general circulation in the area or areas in the 
vicinity of the affected land. The notice shall include the legal 
description of the affected land, the law or laws under which the lands 
would be disposed of together with such other information as the 
authorized officer deems pertinent. Copies of the notice will be sent to 
the head of the governing body of the political subdivision of the 
State, if any, having jurisdiction over zoning in the geographic area 
within which the affected lands are located, the governor of that State 
and the BLM multiple use advisory board in that State, the land-use 
planning officer and land-use planning committees, if any, of the 
county, in which the affected lands are located, the authorized user or 
users of the lands or their selected representatives, all petitioner-
applicants involved, and any other party the authorized officer 
determines to have an interest in the proper use of the lands. The 
authorized officer will hold a public hearing on the proposal if (a) the 
proposed classification will affect more than 25,000 acres or (b) he 
determines that sufficient public interest exists to warrant the time 
and expense of a hearing.

[[Page 134]]



Sec. 2462.2  Publication of notice of classification.

    After having considered the comments received as the result of 
publication, the authorized officer may classify the lands any time 
after the expiration of 60 days following the publication of the 
proposed classification in the Federal Register. The authorized officer 
shall publicize the classification in the same manner as the proposed 
classification was publicized, indicating in the notice the differences, 
if any, between the proposed classification and the classification.



Sec. 2462.3  Administrative review.

    For a period of 30 days after publication in the Federal Register of 
a notice of classification for disposal, the classification shall be 
subject to the exercise of supervisory authority by the Secretary of the 
Interior for the purpose of administrative review. If, 30 days from date 
of publication, the Secretary has neither on his own motion, on motion 
of any protestant or the State Director exercised supervisory authority 
for review, the classification shall become the final order of the 
Secretary. The exercise of supervisory authority by the Secretary shall 
automatically vacate the classification and reinstate the proposed 
classification together with its segregative effect. In this event the 
final departmental decision shall be issued by the Secretary and 
published in the Federal Register.



Sec. 2462.4  Segregative effect of publication.

    (a) Publication in the Federal Register of a notice of proposed 
classification pursuant to Sec. 2462.1 or of a notice of classification 
pursuant to Sec. 2462.2 will segregate the affected land from all forms 
of disposal under the public land laws, including the mining laws except 
the form or forms of disposal for which it is proposed to classify the 
lands. However, publication will not alter the applicability of the 
public land laws governing the use of the lands under lease, license, or 
permit, or governing the disposal of their mineral and vegetative 
resources, other than under the mining laws.
    (b) The segregative effect of a proposed classification will 
terminate in one of the following ways:
    (1) Classification of the lands within 2 years of publication of the 
notice of proposed classification in the Federal Register;
    (2) Publication in the Federal Register of a notice of termination 
of the proposed classification;
    (3) An Act of Congress;
    (4) Expiration of a 2-year period from the date of publication of 
the notice of proposed classification without continuance as prescribed 
by the Classification and Multiple Use Act of September 19, 1964 (78 
Stat. 986, 43 U.S.C. 1411-18), or expiration of an additional period, 
not exceeding 2 years, if the required notice of proposed continuance is 
given.
    (c) The segregative effect of a classification for sale or other 
disposal will terminate in one of the following ways:
    (1) Disposal of the lands;
    (2) Publication in the Federal Register of a notice of termination 
of the classification;
    (3) An Act of Congress;
    (4) Expiration of 2 years from the date of publication of the 
proposed classification without disposal of the land and without the 
notice of proposed continuance as prescribed by the Classification and 
Multiple Use Act; or
    (5) Expiration of an additional period, not exceeding 2 years, if 
the required notice of proposed continuance is given.



PART 2470--POSTCLASSIFICATION ACTIONS--Table of Contents






                   Subpart 2470--Opening and Allowance



Sec. 2470.1  Opening of lands to disposal.

    After lands have been classified for disposal, the authorized 
officer shall, at the appropriate time, open the lands to those forms of 
disposal consistent with the classification.
[35 FR 9565 June 13, 1970]



Sec. 2470.2  Allowance and entry.

    (a) After lands are classified pursuant to the regulations of this 
part, and opened for entry or other disposal, all

[[Page 135]]

the laws and regulations governing the particular kind of entry, 
location, selection, or other disposal must be complied with in order 
for title to vest or other interests to pass.
    (b) After lands are classified for disposal under the regulations of 
this subpart, the lands shall be offered for sale or other disposal 
consistent with the classification. If a petitioner-applicant does not 
have a preference right under Sec. 2450.8, the lands shall be opened on 
an equal-opportunity basis.
[35 FR 9565 June 13, 1970]



Group 2500--Disposition; Occupancy and Use--Table of Contents




    Note: The information collection requirements contained in parts 
2520, 2530, 2540 and 2560 of Group 2500 have been approved by the Office 
of Management and Budget under 44 U.S.C. 3507 and assigned clearance 
numbers 1004--0004, 1004--1010, 1004--0011, 1004--0023, 1004--0026, 
1004--0028, 1004--0029 and 1004--0069. The information is being 
collected to permit the authorized officer to determine whether certain 
petitions or applications for use and occupancy of the public lands 
should be granted. The information will be used to make that 
determination. A response is required to obtain a benefit.

[48 FR 40889, Sept. 12, 1983]



PART 2520--DESERT-LAND ENTRIES--Table of Contents




               Subpart 2520--Desert-Land Entries: General

Sec.
2520.0-1  Purpose.
2520.0-3  Authority.
2520.0-5  Definitions.
2520.0-7  Cross references.
2520.0-8  Land subject to disposition.

                        Subpart 2521--Procedures

2521.1  Who may make desert-land entry.
2521.2  Petitions and applications.
2521.3  Assignment.
2521.4  When lands may be sold, taxed, or mortgaged.
2521.5  Annual proof.
2521.6  Final proof.
2521.7  Amendments.
2521.8  Contests.
2521.9  Relinquishments.

          Subpart 2522--Extensions of Time To Make Final Proof

2522.1  General acts authorizing extensions of time.
2522.2  Procedure on applications for extensions of time, where contest 
          is pending.
2522.3  Act of March 28, 1908.
2522.4  Act of April 30, 1912.
2522.5  Act of February 25, 1925.
2522.6  Service fees.

                         Subpart 2523--Payments

2523.1  Collection of purchase money and fees; issuance of final 
          certificate.
2523.2  Amounts to be paid.

     Subpart 2524--Desert-Land Entries Within a Reclamation Project

2524.1  Conditions excusing entrymen from compliance with the desert-
          land laws.
2524.2  Annual proof.
2524.3  Time extended to make final proof.
2524.4  Beginning of period for compliance with the law.
2524.5  Assignment of desert-land entries in whole or in part.
2524.6  Desert-land entryman may proceed independently of Government 
          irrigation.
2524.7  Disposal of lands in excess of 160 acres.
2524.8  Cancellation of entries for non-payment of water-right charges.



               Subpart 2520--Desert-Land Entries: General

    Authority:  R.S. 2478; 43 U.S.C. 1201.

    Source:  35 FR 9581, June 13, 1970, unless otherwise noted.



Sec. 2520.0-1  Purpose.

    (a) It is the purpose of the statutes governing desert-land entries 
to encourage and promote the reclamation, by irrigation, of the arid and 
semiarid public lands of the Western States through individual effort 
and private capital, it being assumed that settlement and occupation 
will naturally follow when the lands have thus been rendered more 
productive and habitable.



Sec. 2520.0-3  Authority.

    The Act of March 3, 1877 (19 Stat. 377; 43 U.S.C. 321-323) as 
amended by the Act of March 3, 1891 (26 Stat. 1096; 43 U.S.C. 231, 323, 
325, 327-329), provides for the making of desert-land entries in the 
States of Arizona, California, Colorado, Idaho, Montana, Nevada, New

[[Page 136]]

Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and 
Wyoming.



Sec. 2520.0-5  Definitions.

    (a) As used in the desert-land laws and the regulations of this 
subpart:
    (1) Reclamation requires conducting water in adequate amounts and 
quality to the land so as to render it available for distribution when 
needed for irrigation and cultivation.
    (2) Cultivation requires the operation, practice, or act of tillage 
or preparation of land for seed, and keeping the ground in a state 
favorable for the growth of crops.
    (3) Irrigation requires the application of water to land for the 
purpose of growing crops.
    (4) Crop includes any agricultural product to which the land under 
consideration is generally adapted and which would return a fair reward 
for the expense of producing it.
    (5) Water supply, to be adequate, must be sufficient to irrigate 
successfully and to reclaim all of the irrigable land embraced in an 
entry.
    (6) Water right means the authority, whether by prior ownership, 
contract, purchase, or appropriation in accordance with state law, to 
use water on the land to be irrigated.



Sec. 2520.0-7  Cross references.

    (a) For assignment of desert-land entries within Government 
reclamation projects, see Sec. 2524.5(a).
    (b) For provisions under Appeals and Hearings see parts 1840 and 
1850 of this chapter.
    (c) For relinquishments, in general, see subpart 1825 of this 
chapter.
    (d) For residence and cultivation requirements under the homestead 
laws, see Sec. 2511.4-2(a).



Sec. 2520.0-8  Land subject to disposition.

    (a) Land that may be entered as desert land. (1) As the desert-land 
law requires the artificial irrigation of any land entered thereunder, 
lands which are not susceptible of irrigation by practicable means are 
not deemed subject to entry as desert lands. The question as to whether 
any particular tract sought to be entered as desert land is in fact 
irrigable from the source proposed by the applicant will be investigated 
and determined before the application for entry is allowed. In order to 
be subject to entry under the desert-land law, public lands must be not 
only irrigable but also surveyed, unreserved, unappropriated, non-
mineral (except lands withdrawn, classified, or valuable for coal, 
phosphate, nitrate, potash, sodium, sulphur, oil, gas or asphaltic 
minerals, which may be entered with a reservation of such mineral 
deposits, as explained in subpart 2093, nontimbered, and such as will 
not, without artificial irrigation, produce any reasonably remunerative 
agricultural crop by the usual means or methods of cultivation. In this 
latter class are those lands which, one year with another for a series 
of years, will not without irrigation produce paying crops, but on which 
crops can be successfully grown in alternate years by means of the so-
called dry-farming system. (37 L.D. 522 and 42 L.D. 524.)
    (2) Applications to make desert-land entries of lands embraced in 
applications, permits, or leases under the Act of February 25, 1920 (41 
Stat. 437), if in all other respects complete, will be treated in 
accordance with Secs. 2093.0-3 to 2093.0-7. Applications to make desert-
land entries of lands within a naval petroleum reserve must be rejected, 
as no desert-land entry may be allowed for such lands.
    (3) Land that has been effectually reclaimed is not subject to 
desert land entry.
    (b) Quantity of lands that may be entered. An entry of lands under 
the Act of March 3, 1877, is limited to 320 acres, subject to the 
following additional limitations:
    (1) An entry of lands within an irrigation district which the 
Secretary of the Interior or his delegate has approved under the Act of 
August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), is limited to 160 
acres.
    (2) An entryman may have a desert-land entry for such a quantity of 
land as, taken together with all land acquired and claimed by him under 
the other agricultural land laws since August 30, 1890, does not exceed 
320 acres in the aggregate, or 480 acres if he shall have made an 
enlarged homestead entry of 320 acres (Acts of August 30,

[[Page 137]]

1890; 26 Stat. 391; 43 U.S.C. 212; and of February 27, 1917; 39 Stat. 
946; 43 U.S.C. 330).
    (c) Entries restricted to surveyed lands. Unsurveyed public land 
withdrawn by Executive Orders 6910 and 6964 of November 26, 1934, and 
February 5, 1935, respectively, is not subject to appropriation, under 
the desert-land laws, until such appropriation has been authorized by 
classification. (See parts 2410, 2420, and 2430.)
    (d) Economic unit requirements, compactness. (1) One or more tracts 
of public lands may be included in a desert land entry and the tracts so 
entered need not be contiguous. All the tracts entered, however, shall 
be sufficiently close to each other to be managed satisfactorily as an 
economic unit. In addition, the lands in the entry must be in as compact 
a form as possible taking into consideration the character of available 
public lands and the effect of allowance of the entry on the remaining 
public lands in the area.
    (2) In addition to the other requirements of the regulations in this 
part, applicants for desert land entry must submit with their 
applications information showing that the tracts applied for are 
sufficiently close to each other to be managed satisfactorily as an 
economic unit and that the lands in the application are as compact as 
possible in the circumstances.
    (3) In determining whether an entry can be allowed in the form 
sought, the authorized officer of the Bureau of Land Management will 
take into consideration such factors as the topography of the applied 
for and adjoining lands, the availability of public lands near the lands 
sought, the private lands farmed by the applicant, the farming systems 
and practices common to the locality and the character of the lands 
sought, and the practicability of farming the lands as an economically 
feasible operating unit.



                        Subpart 2521--Procedures

    Source:  35 FR 9582, June 13, 1970, unless otherwise noted.



Sec. 2521.1  Who may make desert-land entry.

    (a) Citizenship. (1) Any citizen of the United States 21 years of 
age, or any person of that age who has declared his intention of 
becoming a citizen of the United States, and who can truthfully make the 
statements specified in Secs. 2520.0-8(c) and 2521.2(a) can make a 
desert-land entry. Thus, a woman, whether married or single, who 
possesses the necessary qualifications, can make a desert-land entry, 
and, if married, without taking into consideration any entries her 
husband may have made.
    (2) At the time of making final proof claimants of alien birth must 
have been admitted to citizenship, but evidence of naturalization need 
not be furnished if it has already been filed in connection with the 
original declaration or with the proof of an assignment of the entry.
    (b) Second and additional entries. A person's right of entry under 
the desert-land law is exhausted either by filing an allowable 
application and withdrawing it prior to its allowance or by making an 
entry or by taking an assignment of an entry, in whole or in part, 
except under the conditions described in paragraphs (b)(1) and (2) of 
this section.
    (1) Under the Act of September 5, 1914 (38 Stat. 712; 43 U.S.C. 
182), if a person, otherwise duly qualified to make a desert-land entry, 
has previously filed an allowable application, or made such entry or 
entries and through no fault of his own has lost, forfeited, or 
abandoned the same, such person may make another entry. In such case, 
however, it must be shown that the prior application, entry, or entries 
were made in good faith, and were lost, forfeited, or abandoned because 
of matters beyond the applicant's control, and that the applicant has 
not speculated in his right, nor committed a fraud or attempted fraud in 
connection with such prior entry or entries. As the assignment of an 
entry involves no loss, forfeiture, or abandonment thereof, but carries 
a benefit to the assignor, it is held to exhaust his right of entry 
under the desert-land law. Hence, no person who has assigned such entry, 
in whole or in part, will be permitted to make

[[Page 138]]

another entry or to take one or any part thereof by assignment except 
where paragraph (b)(2) of this section applies.
    (2) The Act of June 16, 1955 (69 Stat. 138) authorizes any person 
who prior to June 16, 1955, made a valid desert-land entry on lands 
subject to the Acts of June 22, 1910 (36 Stat. 583; 30 U.S.C. 33-85), or 
of July 17, 1914 (38 Stat. 509; 30 U.S.C. 121-123), if otherwise 
qualified to enter as a personal privilege not assignable, an additional 
tract of desert land, providing such additional tract shall not, 
together with the original entry, exceed 320 acres. Applicants and 
entrymen under the Act of June 16, 1955, are subject to, and must comply 
with, all the regulations of this part, including the acreage 
limitations of Sec. 2520.0-8(b).



Sec. 2521.2  Petitions and applications.

    (a) Filing and fees. (1) A person who desires to enter public lands 
under the desert land laws must file an application together with a 
petition on forms approved by the Director, properly executed. However, 
if the lands described in the application have been already classified 
and opened for disposition under the desert land laws, no petition is 
required. The documents must be filed in the proper office (see 
Sec. 1821.2-1 of this chapter).
    (2) All applications must be accompanied by an application service 
fee of $15 which is not returnable, and the payment of 25 cents per acre 
for the lands therein described as required by law.
    (b) Post-office addresses of applicants and witnesses. Applicants 
and witnesses must in all cases state their places of actual residence, 
their business or occupation, and their post-office addresses. It is not 
sufficient to name only the county or State in which a person lives, but 
the town or city must be named also; and where the residence is in a 
city the street and number must be given. It is especially important to 
claimants that upon changing their post-office addresses they promptly 
notify the authorizing officer of such change, for in case of failure to 
do so their entries may be canceled upon notice sent to the address of 
record but not received by them.
    (c) Execution of applications and proofs; time for filing of 
applications. (1) Applications and proofs, except final proofs required 
by R.S. 2294 (43 U.S.C. 254), must be signed by the applicants but need 
not be under oath. Final proofs may be executed before any officer 
authorized to administer oaths in public land cases, as explained by 
Sec. 1821.3-2 of this chapter.
    (2) An application to make desert-land entry is not acceptable if 
dated more than 10 days before its filing at the land office.
    (d) Evidence of water rights required with application. No desert-
land application will be allowed unless accompanied by evidence 
satisfactorily showing either that the intending entryman has already 
acquired by appropriation, purchase, or contract a right to the 
permanent use of sufficient water to irrigate and reclaim all of the 
irrigable portion of the land sought, or that he has initiated and 
prosecuted, as far as then possible, appropriate steps looking to the 
acquisition of such a right, or, in States where no permit or right to 
appropriate water is granted until the land embraced within the 
application is classified as suitable for desert-land entry or the entry 
is allowed, a showing that the applicant is otherwise qualified under 
State law to secure such permit or right. If applicant intends to 
procure water from an irrigation district, corporation, or association, 
but is unable to obtain a contract for the water in advance of the 
allowance of his entry, then he must furnish, in lieu of the contract, 
some written assurance from the responsible officials of such district, 
corporation, or association that, if his entry be allowed, applicant 
will be able to obtain from that source the necessary water. The 
authorizing officer will examine the evidence submitted in such 
applications and either reject defective applications or require 
additional evidence.



Sec. 2521.3  Assignment.

    (a) Lands which may be assigned. While by the Act of March 3, 1891 
(26 Stat. 1096; 43 U.S.C. 329), assignments of desert-land entries were 
recognized, the Department of the Interior, largely for administrative 
reasons, held that a desert-land entry might be assigned as

[[Page 139]]

a whole or in its entirety, but refused to recognize the assignment of 
only a portion of an entry. The Act of March 28, 1908, however, provides 
for an assignment of such entries, in whole or in part, but this does 
not mean that less than a legal subdivision may be assigned. Therefore 
no assignment, otherwise than by legal subdivisions, will be recognized. 
The legal subdivisions assigned must be contiguous.
    (b) Qualifications of assignees. (1) The Act of March 28, 1908, also 
provides that no person may take a desert-land entry by assignment 
unless he is qualified to enter the tract so assigned to him. Therefore, 
if a person is not at least 21 years of age and, excepting Nevada, a 
resident citizen of the State wherein the land involved is located; or 
if he is not a ciitzen of the United States, or a person who has 
declared his intention to become a citizen thereof; or, if he has made a 
desert-land entry in his own right and is not entitled under Sec. 2521.1 
to make a second or an additional entry, he cannot take such an entry by 
assignment. The language of the act indicates that the taking of an 
entry by assignment is equivalent to the making of an entry, and this 
being so, no person is allowed to take more than one entry by 
assignment, unless it be done as the exercise of a right of second or 
additional entry.
    (2) A person who has the right to make a second or additional 
desert-land entry may exercise that right by taking an assignment of a 
desert-land entry, or part of such entry, if he is otherwise qualified 
to make a desert-land entry for the particular tract assigned.
    (3) The Act of March 28, 1908, also provides that no assignment to 
or for the benefit of any corporation shall be authorized or recognized.
    (c) Showing required of assignees; recognition of assignments. (1) 
As evidence of the assignment there should be transmitted to the 
authorizing officer the original deed of assignment or a certified copy 
thereof. Where the deed of assignment is recorded a certified copy may 
be made by the officer who has custody of the record. Where the original 
deed is presented to an officer qualified to take proof in desert-land 
cases, a copy certified by such officer will be accepted.
    (2) An assignee must file with his deed of assignment, a statement 
on a form approved by the Director, showing his qualifications to take 
the entry assigned to him. He must show what applications or entries, if 
any, have been made by him or what entries assigned to him under the 
agricultural public land laws, and he must also show his qualifications 
as a citizen of the United States; that he is 21 years of age or over; 
and also that he is a resident citizen of the State in which the land 
assigned to him is situated, except in the State of Nevada, where 
citizenship of the United States only is required. If the assignee is 
not a native-born citizen of the United States, he should also furnish a 
statement as to his citizenship status in accordance with subpart 1811 
of this chapter. If the assignee is a woman, she should in all cases 
state whether she is married, and if so, she must make the showing 
required by subpart 1811 of this chapter. Desert-land entries are 
initiated by the payment of 25 cents per acre, and no assignable right 
is acquired by the application prior to such payment. (6 L.D. 541, 33 
L.D. 152.) An assignment made on the day of such payment, or soon 
thereafter, is treated as suggesting fraud, and such cases will be 
carefully scrutinized. The provisions of law authorizing the assignment 
of desert entries, in whole or in part, furnish no authority to a 
claimant under said law to make an executory contract to convey the land 
after the issuance of patent and thereafter to proceed with the 
submission of final proof in furtherance of such contract. (34 L.D. 
383.) The sale of land embraced in an entry at any time before final 
payment is made must be regarded as an assignment of the entry, and in 
such cases the person buying the land must show that he possesses all 
the qualifications required of an assignee. (29 L.D. 453.) The assignor 
of a desert-land entry may execute the assignment before any officer 
authorized to take acknowledgements of deeds. The assignee must furnish 
a statement on a form approved by the Director as to his qualifications.
    (3) No assignments of desert-land entries or parts of entries are 
conclusive

[[Page 140]]

until examined in the proper office and found satisfactory and the 
assignment recognized. When recognized, however, the assignee takes the 
place of the assignor as effectively as though he had made the entry, 
and is subject to any requirement that may be made relative thereto. The 
assignment of a desert-land entry to one disqualified to acquire title 
under the desert-land law, and to whom, therefore, recognition of the 
assignment is refused by the authorizing officer, does not of itself 
render the entry fraudulent, but leaves the right thereto in the 
assignor. In such connection, however, see 42 L.D. 90 and 48 L.D. 519.
    (4) All applications for recognition of assignment of desert-land 
entries must be accompanied by an application service fee of $10 which 
will not be returnable.



Sec. 2521.4  When lands may be sold, taxed, or mortgaged.

    (a) After final proof and payment have been made the land may be 
sold and conveyed to another person without the approval of the Bureau 
of Land Management, but all such conveyances are nevertheless subject to 
the superior rights of the United States, and the title so contained 
would fall if it should be finally determined that the entry was illegal 
or that the entryman had failed to comply with the law.
    (b) Lands embraced in unperfected desert-land entries are not 
subject to taxation by the State authorities, nor to levy and sale under 
execution to satisfy judgments against the entrymen, except as 
hereinafter set forth in this section.
    (c) Lands embraced in desert-land entries within an irrigation 
district which the Secretary of the Interior has approved under the Act 
of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), may be taxed and 
otherwise dealt with as provided by said act, and lands in desert-land 
entries within irrigation projects constructed under the Reclamation Act 
may be taxed as provided for by the Act of June 13, 1930 (46 Stat. 581; 
43 U.S.C. 455, 455a-455c).
    (d) A desert-land entryman may, however, mortgage his interest in 
the entered land if, by the laws of the State in which the land is 
situated, a mortgage of land is regarded as merely creating a lien 
thereon and not as a conveyance thereof. The purchaser at a sale had for 
the foreclosure of such mortgage may be recognized as assignee upon 
furnishing proof of his qualifications to take a desert-land entry by 
assignment. Transferees, after final proof, mortgagees, or other 
encumbrancers may file in the proper office written notice stating the 
nature of their claims, and they will there upon become entitled to 
receive notice of any action taken by the Bureau of Land Management with 
reference to the entry.
    (e) The filing of all notices of recordation of claim by 
transferees, mortgagees or other encumbrancer under this section must be 
accompanied by a service charge of $10 which will not be returnable.



Sec. 2521.5  Annual proof.

    (a) Showing required. (1) In order to test the sincerity and good 
faith of claimants under the desert-land laws and to prevent the 
segregation for a number of years of public lands in the interest of 
persons who have no intention to reclaim them, Congress, in the Act of 
March 3, 1891 (26 Stat. 1096; 43 U.S.C. 327, 328) made the requirement 
that a map be filed at the initiation of the entry showing the mode of 
contemplated irrigation and the proposed source of water supply, and 
that there be expended yearly for 3 years from the date of the entry not 
less than $1 for each acre of the tract entered, making a total of not 
less than $3 per acre, in the necessary irrigation, reclamation, and 
cultivation of the land, in permanent improvements thereon, and in the 
purchase of water rights for the irrigation thereof, and that at the 
expiration of the third year a map or plan be filed showing the 
character and extent of the improvements placed on the claim. Said act, 
however, authorizes the submission of final proof at an earlier date 
than 4 years from the time the entry is made in cases wherein 
reclamation has been effected and expenditures of not less than $3 per 
acre have been made.
    (2) Yearly or annual proof of expenditures must consist of the 
statements of two or more credible witnesses, each of whom must have 
general knowledge

[[Page 141]]

that the expenditures were made for the purpose stated in the proof. 
Annual proofs must contain itemized statements showing the manner in 
which expenditures were made.
    (b) Acceptable expenditures. (1) Expenditures for the construction 
and maintenance of storage reservoirs, dams, canals, ditches, and 
laterals to be used by claimant for irrigating his land; for roads where 
they are necessary; for erecting stables, corrals, etc.; for digging 
wells, where the water therefrom is to be used for irrigating the land; 
for stock or interest in an approved irrigation company, or for taxes 
paid to an approved irrigation district through which water is to be 
secured to irrigate the land; and for leveling and bordering land 
proposed to be irrigated, will be accepted. Expenditures for fencing all 
or a portion of the claim, for surveying for the purpose of ascertaining 
the levels for canals, ditches, etc., and for the first breaking or 
clearing of the soil are also acceptable.
    (2) The value to be attached to, and the credit to be given for, an 
expenditure for works or improvements is the reasonable value of the 
work done or improvement placed upon the land, according to the market 
price therefor, or for similar work or improvements prevailing in the 
vicinity, and not the amount alleged by a claimant to have been expended 
nor the mere proof of expenditures, as exhibited by checks or other 
vouchers. (Bradley v. Vasold, 36 L.D. 106.)
    (c) Expenditures not acceptable. (1) Expenditures for cultivation 
after the soil has been first prepared may not be accepted, because the 
claimant is supposed to be compensated for such work by the crops to be 
reaped as a result of cultivation. Expenditures for surveying the claim 
in order to locate the corners of same may not be accepted. The cost of 
tools, implements, wagons, and repairs to same, used in construction 
work, may not be computed in cost of construction. Expenditures for 
material of any kind will not be allowed unless such material has 
actually been installed or employed in and for the purpose for which it 
was purchased. For instances, if credit is asked for posts and wire for 
fences or for pump or other well machinery, it must be shown that the 
fence has been actually constructed or the well machinery actually put 
in place. No expenditures can be credited on annual proofs upon a 
desert-land entry unless made on account of that particular entry, and 
expenditures once credited can not be again applied. This rule applies 
to second entries as well as to original entries, and a claimant who 
relinquishes his entry and makes second entry of the same land under the 
Act of September 5, 1914, cannot receive credit on annual proofs upon 
the second entry for expenditures made on account of the former entry. 
(41 L.D. 601 and 42 L.D. 523.)
    (2) Expenditures for the clearing of the land will not receive 
credit in cases where the vegetation or brush claimed to have been 
cleared away has not been actually removed by the roots. Therefore, 
expenditures for clearing, where as a matter of fact there has been only 
crushing, or rolling, or what is known in some localities as railing the 
land will not be accepted.
    (3) No expenditures for stock or interest in an irrigation company, 
through which water is to be secured for irrigating the land, will be 
accepted as satisfactory annual expenditure until a field examiner, or 
other authorized officer, has submitted a report as to the resources and 
reliability of the company, including its actual water right, and such 
report has been favorably acted upon by the Bureau of Land Management. 
The stock purchased must carry the right to water, and it must be shown 
that payment in cash has been made at least to the extent of the amount 
claimed as expenditure for the purchase of such stock in connection with 
the annual proof submitted, and such stock must be actually owned by the 
claimants at the time of the submission of final proof.
    (d) Procedure where proof is not made when due. Authorizing officers 
will examine their records frequently for the purpose of ascertaining 
whether all annual proofs due on pending desert-land entries have been 
made, and in every case where the claimant is in default in that respect 
they will send him notice

[[Page 142]]

and allow him 60 days in which to submit such proof. If the proof is not 
furnished as required the entry will be canceled. During the pendency of 
a Government proceeding initiated by such notice the entry will be 
protected against a private contest charging failure to make the 
required expenditures, and such contest will neither defeat the 
claimant's right to equitably perfect the entry as to the matter of 
expenditures during the 60 days allowed in the notice nor secure to the 
contestant a preference right in event the entry be canceled for default 
under said notice.
    (e) Desert land entry in more than one district. When a desert-land 
entry embraces land in more than one district, the required annual 
proofs may be filed in either district, provided proper reference is 
made to the portion of the entry in the adjoining district, and the 
entryman must notify the authorized officer of the adjoining district by 
letter of the date when the annual proof is filed.
    (f) Extensions of time. (1) The law makes no provision for 
extensions of time in which to file annual proof becoming due subsequent 
to December 31, 1936, on desert-land entries not embraced within the 
exterior boundaries of any withdrawal or irrigation project under the 
Reclamation Act of June 17, 1902 (32 Stat. 388), and extensions for said 
purpose cannot therefore be granted. However, where a township is 
suspended from entry for the purpose of resurvey thereof the time 
between the date of suspension and the filing in the local office of the 
new plat of survey will be excluded from the period accorded by law for 
the reclamation of land under a desert entry within such township and 
the statutory life of the entry extended accordingly (40 L.D. 223). 
During the continuance of the extension the claimant may, at his option, 
defer the making of annual expenditures and proof thereof.
    (2) Extensions of time for making desert-land proofs were authorized 
by the Acts of June 16, 1933 (48 Stat. 274; 43 U.S.C. 256a), July 26, 
1935 (49 Stat. 504; 43 U.S.C. 256a), and June 16, 1937 (50 Stat. 303; 43 
U.S.C. 256a). Such acts affect only proofs becoming due on or before 
December 31, 1936. For that reason, the regulations which were issued 
thereunder have not been included in this chapter.
    (g) Submission of proof before due date. Nothing in the statutes or 
regulations should be construed to mean that the entryman must wait 
until the end of the year to submit his annual proof because the proof 
may be properly submitted as soon as the expenditures have been made. 
Proof sufficient for the 3 years may be offered whenever the amount of 
$3 an acre has been expended in reclaiming and improving the land, and 
thereafter annual proof will not be required.



Sec. 2521.6  Final proof.

    (a) General requirements. The entryman, his assigns, or, in case of 
death, his heirs or devisees, are allowed 4 years from date of the entry 
within which to comply with the requirements of the law as to 
reclamation and cultivation of the land and to submit final proof, but 
final proof may be made and patent thereon issued as soon as there has 
been expended the sum of $3 per acre in improving, reclaiming, and 
irrigating the land, and one-eighth of the entire area entered has been 
properly cultivated and irrigated, and when the requirements of the 
desert-land laws as to water rights and the construction of the 
necessary reservoirs, ditches, dams, etc., have been fully complied 
with.
    (1) Where the proof establishes that the entryman cannot effect 
timely compliance with the law, the entry must be canceled unless 
statutory authority permits the granting of an extension of time or 
other relief.
    (b) Notice of intention to make final proof. When an entryman has 
reclaimed the land and is ready to make final proof, he should apply to 
the authorizing officer for a notice of intention to make such proof. 
This notice must contain a complete description of the land, give the 
number of the entry and name of the claimant, and must bear an 
endorsement specifically indicating the source of his water supply. If 
the proof is made by an assignee, his name, as well as that of the 
original entryman, should be stated. It must also show when, where and 
before whom the proof is to be made. Four witnesses may be named in this 
notice, two of whom

[[Page 143]]

must be used in making proof. Care should be exercised to select as 
witnesses persons who are familiar, from personal observation, with the 
land in question, and with what has been done by the claimant toward 
reclaiming and improving it. Care should also be taken to ascertain 
definitely the names and addresses of the proposed witnesses, so that 
they may correctly appear in the notice.
    (c) Publication of final-proof notice. The authorizing officer will 
issue the usual notice for publication. This notice must be published 
once a week for five successive weeks in a newspaper of established 
character and general circulation published nearest the lands (see 38 
L.D. 131; 43 L.D. 216). The claimant must pay the cost of the 
publication but it is the duty of authorizing officers to procure the 
publication of proper final-proof notices. The date fixed for the taking 
of the proof must be at least 30 days after the date of first 
publication. Proof of publication must be made by the statement of the 
publisher of the newspaper or by someone authorized to act for him.
    (d) Submission of final proof. On the day set in the notice (or, in 
the case of accident or unavoidable delay, within 10 days thereafter), 
and at the place and before the officer designated, the claimant will 
appear with two of the witnesses named in the notice and make proof of 
the reclamation, cultivation, and improvement of the land. The testimony 
of each claimant should be taken separately and apart from and not 
within the hearing of either of his witnesses, and the testimony of each 
witness should be taken separately and apart from and not within the 
hearing of either the applicant or of any other witness, and both the 
applicant and each of the witnesses should be required to state, in and 
as a part of the final-proof testimony given by them, that they have 
given such testimony without any actual knowledge of any statement made 
in the testimony of either of the others. In every instance where, for 
any reason whatever, final proof is not submitted within the 4 years 
prescribed by law, or within the period of an extension granted for 
submitting such proof, a statement should be filed by claimant, with the 
proof, explaining the cause of delay.

The final proof may be made before any officer authorized to administer 
oaths in public land cases, as explained in Sec. 1821.3-2 of this 
chapter.
    (e) Showing as to irrigation system. The final proof must show 
specifically the source and volume of the water supply and how it was 
acquired and how it is maintained. The number, length, and carrying 
capacity of all ditches, canals, conduits, and other means to conduct 
water to and on each of the legal subdivisions must also be shown. The 
claimant and the witnesses must each state in full all that has been 
done in the matter of reclamation and improvements of the land, and must 
answer fully, of their own personal knowledge, all of the questions 
contained in the final-proof blanks. They must state plainly whether at 
any time they saw the land effectually irrigated, and the different 
dates on which they saw it irrigated should be specifically stated.
    (f) Showing as to lands irrigated and reclaimed. While it is not 
required that all of the land shall have been actually irrigated at the 
time final proof is made, it is necessary that the one-eighth portion 
which is required to be cultivated shall also have been irrigated in a 
manner calculated to produce profitable results, considering the 
character of the land, the climate, and the kind of crops being grown. 
(Alonzo B. Cole, 38 L.D. 420.) The cultivation and irrigation of the 
one-eighth portion of the entire area entered may be had in a body on 
one legal subdivision or may be distributed over several subdivisions. 
The final proof must clearly show that all of the permanent main and 
lateral ditches, canals, conduits, and other means to conduct water 
necessary for the irrigation of all the irrigable land in the entry have 
been constructed so that water can be actually applied to the land as 
soon as it is ready for cultivation. If pumping be relied upon as the 
means of irrigation, the plant installed for that purpose must be of 
sufficient capacity to render available enough water for all the 
irrigable land. If there are any high points or any portions of the land

[[Page 144]]

which for any reason it is not practicable to irrigate, the nature, 
extent, and situation of such areas in each legal subdivision must be 
fully stated. If less than one-eighth of a smallest legal subdivision is 
practically susceptible of irrigation from claimant's source of water 
supply and no portion thereof is used as a necessary part of his 
irrigation scheme, such subdivision must be relinquished. (43 L.D. 269.)
    (g) Showing as to tillage of land. As a rule, actual tillage of one-
eighth of the land must be shown. It is not sufficient to show only that 
there has been a marked increase in the growth of grass or that grass 
sufficient to support stock has been produced on the land as a result of 
irrigation. If, however, on account of some peculiar climatic or soil 
conditions, no crops except grass can be successfully produced, or if 
actual tillage will destroy or injure the productive quality of the 
soil, the actual production of a crop of hay of merchantable value will 
be accepted as sufficient compliance with the requirements as to 
cultivation. (32 L.D. 456.) In such cases, however, the facts must be 
stated and the extent and value of the crop of hay must be shown, and, 
as before stated, that same was produced as a result of actual 
irrigation.
    (h) Showing as to water right. (1) In every case where the 
claimant's water right is founded upon contract or purchase the final 
proof must embrace evidence which clearly establishes the fact and legal 
sufficiency of that right. If claimant's ownership of such right has 
already been evidenced in connection with the original entry or some 
later proceeding, then the final proof must show his continued 
possession thereof. If the water right relied on is obtained under 
claimant's appropriation, the final proof, considered together with any 
evidence previously submitted in the matter, must show that the claimant 
has made such preliminary filings as are required by the laws of the 
State in which the land is located, and that he has also taken all other 
steps necessary under said laws to secure and perfect the claimed water 
right. In all cases the water right, however it be acquired, must 
entitle the claimant to the use of a sufficient supply of water to 
irrigate successfully all the irrigable land embraced in his entry, 
notwithstanding that the final proof need only show the actual 
irrigation of one-eighth of that area.
    (2) In those States where entrymen have made applications for water 
rights and have been granted permits but where no final adjudication of 
the water right can be secured from the State authorities owing to delay 
in the adjudication of the watercourses or other delay for which the 
entrymen are in no way responsible, proof that the entrymen have done 
all that is required of them by the laws of the State, together with 
proof of actual irrigation of one-eighth of the land embraced in their 
entries, may be accepted. This modification of the rule that the 
claimant must furnish evidence of an absolute water right will apply 
only in those States where under the local laws it is impossible for the 
entryman to secure final evidence of title to his water right within the 
time allowed him to submit final proof on his entry, and in such cases 
the best evidence obtainable must be furnished. (35 L.D. 305.)
    (3) It is a well-settled principle of law in all of the States in 
which the desert land acts are operative that actual application to a 
beneficial use of water appropriated from public streams measures the 
extent of the right to the water, and that failure to proceed with 
reasonable diligence to make such application to beneficial use within a 
reasonable time constitutes an abandonment of the right. (Wiel's Water 
Rights in the Western States, sec. 172.) The final proof, therefore, 
must show that the claimant has exercised such diligence as will, if 
continued, under the operation of this rule result in his definitely 
securing a perfect right to the use of sufficient water for the 
permanent irrigation and reclamation of all of the irrigable land in his 
entry. To this end the proof must at least show that water which is 
being diverted from its natural course and claimed for the specific 
purpose of irrigating the lands embraced in claimant's entry, under a 
legal right acquired by virtue of his own or his grantor's compliance 
with the requirements of the State laws governing the appropriation of

[[Page 145]]

public waters, has actually been conducted through claimant's main 
ditches to and upon the land; that one-eighth of the land embraced in 
the entry has been actually irrigated and cultivated; that water has 
been brought to such a point on the land as to readily demonstrate that 
the entire irrigable area may be irrigated from the system; and that 
claimant is prepared to distribute the water so claimed over all of the 
irrigable land in each smallest legal subdivision in quantity sufficient 
for practical irrigation as soon as the land shall have been cleared or 
otherwise prepared for cultivation. The nature of the work necessary to 
be performed in and for the preparation for cultivation of such part of 
the land as has not been irrigated should be carefully indicated, and it 
should be shown that the said work of preparation is being prosecuted 
with such diligence as will permit of beneficial application of 
appropriated water within a reasonable time.
    (4) Desert-land claimants should bear in mind that a water right and 
a water supply are not the same thing and that the two are not always or 
necessarily found together. Strictly speaking, a perfect and complete 
water right for irrigation purposes is confined to and limited by the 
area of land that has been irrigated with the water provided thereunder. 
Under the various State laws, however, an inchoate or incomplete right 
may be obtained which is capable of ripening into a perfect right if the 
water is applied to beneficial use with reasonable diligence. A person 
may have an apparent right of this kind for land which he has not 
irrigated, and which, moreover, he never can irrigate because of the 
lack of available water to satisfy his apparent right. Such an imperfect 
right, of course, cannot be viewed as meeting the requirements of the 
desert-land law which contemplates the eventual reclamation of all the 
irrigable land in the entry. Therefore, and with special reference to 
that portion of the irrigable land of an entry not required to be 
irrigated and cultivated before final proof, an incomplete (though real) 
water right will not be acceptable if its completion appears to be 
impossible because there is no actual supply of water available under 
the appropriation in question.
    (i) Showing where water supply is derived from irrigation project. 
(1) Where the water right claimed in any final proof is derived from an 
irrigation project it must be shown that the entryman owns such an 
interest therein as entitles him to receive from the irrigation works of 
the project a supply of water sufficient for the proper irrigation of 
the land embraced in his entry. Investigations by field examiners as to 
the resources and reliability, including particularly the source and 
volume of the water supply, of all irrigation companies associations, 
and districts through which desert-land entrymen seek to acquire water 
rights for the reclamation of their lands are made, and it is the 
purpose of the Bureau of Land Management to accept no annual or final 
proofs based upon such a water right until an investigation of the 
company in question has been made and report thereon approved. The 
information so acquired will be regarded as determining, at least 
tentatively, the amount of stock or interest which is necessary to give 
the entryman a right to a sufficient supply of water; but the entryman 
will be permitted to challenge the correctness of the report as to the 
facts alleged and the validity of its conclusions and to offer either 
with his final proof or subsequently such evidence as he can tending to 
support his contentions.
    (2) Entrymen applying to make final proof are required to state the 
source of their water supply, and if water is to be obtained from the 
works of an irrigation company, association, or district the authorizing 
officer will endorse the name and address of the project upon the copy 
of the notice to be forwarded to the State Director. If the report on 
the company has been acted upon by the Bureau of Land Management and the 
proof submitted by claimant does not show that he owns the amount of 
stock or interest in the company found necessary for the area of land to 
be reclaimed, the authorizing officer will suspend the proof, advise the 
claimant of the requirements made by the Bureau of Land Management in 
connection with the report, and allow him 30 days within which to comply

[[Page 146]]

therewith or to make an affirmative showing in duplicate and apply for a 
hearing. In default of any action by him within the specified time the 
authorizing officer will reject the proof, subject to the usual right of 
appeal.
    (j) Final-proof expiration notice. (1) Where final proof is not made 
within the period of 4 years, or within the period for which an 
extension of time has been granted, the claimant will be allowed 90 days 
in which to submit final proof. (44 L.D. 364.)
    (2) Should no action be taken within the time allowed, the entry 
will be canceled. The 90 days provided for in this section must not be 
construed as an extension of time or as relieving the claimant from the 
necessity of explaining why the proof was not made within the statutory 
period or within such extensions of that period as have been 
specifically granted.
    (k) Requirements where township is suspended for resurvey. No 
claimant will be required to submit final proof while the township 
embracing his entry is under suspension for the purpose of resurvey. (40 
L.D. 223.) This also applies to annual proof. In computing the time when 
final proof on an entry so affected will become due the period between 
the date of suspension and the filing in the local office of the new 
plat of survey will be excluded. However, if the claimant so elects, he 
may submit final proof on such entry notwithstanding the suspension of 
the township.



Sec. 2521.7  Amendments.

    (a) To enlarge area of desert-land entry. Amendment for the purpose 
of enlarging the area of a desert-land entry will be granted under and 
in the conditions and circumstances now to be stated.
    (1) In any case where it is satisfactorily disclosed that entry was 
not made to embrace the full area which might lawfully have been 
included therein because of existing appropriations of all contiguous 
lands then appearing to be susceptible of irrigation through and by 
means of entryman's water supply, or of all such lands which seemed to 
be worthy of the expenditure requisite for that purpose, said lands 
having since been released from such appropriations.
    (2) Where contiguous tracts have been omitted from entry because of 
entryman's belief, after a reasonably careful investigation, that they 
could not be reclaimed by means of the water supply available for use in 
that behalf, it having been subsequently discovered that reclamation 
thereof can be effectively accomplished by means of a changed plan or 
method of conserving or distributing such water supply.
    (3) Where, at the time of entry, the entryman announced, in his 
declaration, his purpose to procure the cancellation, through contest or 
relinquishment, of an entry embracing lands contiguous to those entered 
by him, and thereafter to seek amendment of his entry in such manner as 
to embrace all or some portion of the lands so discharged from entry.
    (b) Conditions governing amendments in exercise of equitable powers; 
amendments involving homestead and desert-land entries of adjoining 
lands. Applications for amendment presented pursuant to Sec. 1821.6-5(a) 
of this chapter will not be granted, except where at least one legal 
subdivision of the lands originally entered is retained in the amended 
entry, and any such application must be submitted within 1 year next 
after discovery by the entryman of the existence of the conditions 
relied upon as entitling him to the relief he seeks, or within 1 year 
succeeding the date on which, by the exercise of reasonable diligence, 
the existence of such conditions might have been discovered: Provided, 
nevertheless, That where an applicant for amendment has made both 
homestead and desert land entries for contiguous lands, amendment may be 
granted whereby to transfer the desert-land entry, in its entirety, to 
the land covered by the homestead entry, and the homestead entry, in its 
entirety, to the land covered by the desert-land entry, or whereby to 
enlarge the desert-land entry in such manner as that it will include the 
whole or some portion of the lands embraced in the homestead entry, 
sufficient equitable reason for such enlargement being exhibited, and 
the area of the enlarged entry in no case exceeding 320 acres. 
Applications for such amendments may be made under Secs. 1821.6-1 to 
1821.6-5 of this chapter and on the prescribed

[[Page 147]]

form, in so far as the same are applicable. A supplemental statement 
should also be furnished, if necessary, to show the facts.
    (c) Evidence of water-right to accompany application to amend 
desert-land entry. Application to amend desert-land entries by the 
addition of a new and enlarged area or by transferring the entry to 
lands not originally selected for entry must be accompanied by evidence 
of applicant's right to the use of water sufficient for the adequate 
irrigation of said enlarged area or of the lands to which entry is to be 
transferred. Such evidence must be in the form prescribed by 
Sec. 2521.2.



Sec. 2521.8  Contests.

    (a) Contests may be initiated by any person seeking to acquire title 
to or claiming an interest in the land involved against a party to any 
desert-land entry because of priority of claim or for any sufficient 
cause affecting the legality or validity of the claim not shown by the 
records of the Bureau of Land Management.
    (b) Successful contestants will be allowed a preference right of 
entry for 30 days after notice of the cancellation of the contested 
entry, in the same manner as in homestead cases, and the authorizing 
officer will give the same notice and is entitled to the same fee for 
notice as in other cases.



Sec. 2521.9  Relinquishments.

    A desert-land entry may be relinquished at any time by the party 
owning the same. Conditional relinquishments will not be accepted.



          Subpart 2522--Extensions of Time To Make Final Proof

    Source:  35 FR 9587, June 13, 1970, unless otherwise noted.



Sec. 2522.1  General acts authorizing extensions of time.

    (a) There are five general Acts of Congress which authorize the 
allowance, under certain conditions, of an extension of time for the 
submission of final proof by a desert-land claimant. Said Acts are the 
following: June 27, 1906 (Sec. 5, 34 Stat. 520; 43 U.S.C. 448); March 
28, 1908 (Sec. 3, 35 Stat. 52; 43 U.S.C. 333); April 30, 1912 (37 Stat. 
106; 43 U.S.C. 334); March 4, 1915 (Sec. 5, 38 Stat. 1161; 43 U.S.C. 
335); and February 25, 1925 (43 Stat. 982; 43 U.S.C. 336). The Act of 
June 27, 1906, is applicable only to entries embraced within the 
exterior limits of some withdrawal or irrigation project under the 
Reclamation Act of June 17, 1902 (32 Stat. 388).
    (b) In addition to the Acts cited in this section, extensions of 
time for making desert-land proofs were authorized by the Acts of June 
16, 1933 (48 Stat. 274; 43 U.S.C. 256a), July 26, 1935 (49 Stat. 504; 43 
U.S.C. 256a), and June 16, 1937 (50 Stat. 303; 43 U.S.C. 256a). Such 
Acts affect only proofs becoming due on or before December 31, 1936. For 
that reason, the regulations which were issued thereunder have not been 
included in this chapter.



Sec. 2522.2  Procedure on applications for extensions of time, where contest is pending.

    (a) A pending contest against a desert-land entry will not prevent 
the allowance of an application for extension of time, where the contest 
affidavit does not charge facts tending to overcome the prima facie 
showing of right to such extension (41 L.D. 603).
    (b) Consideration of an application for extension of time will not 
be deferred because of the pendency of a contest against the entry in 
question unless the contest charges be sufficient, if proven, to 
negative the right of the entryman to an extension of time for making 
final proof. If the contest charges be insufficient, the application for 
extension, where regular in all respects, will be allowed and the 
contest dismissed subject to the right of appeal, but without prejudice 
to the contestant's right to amend his charges.



Sec. 2522.3  Act of March 28, 1908.

    Under the provisions of the Act of March 28, 1908 (35 Stat. 52; 43 
U.S.C. 333), the period of 4 years may be extended, in the discretion of 
the authorized officer, for an additional period not exceeding 3 years, 
if, by reason of some unavoidable delay in the construction of the 
irrigating works intended to convey water to the land, the entryman is 
unable to make proof of

[[Page 148]]

reclamation and cultivation required within the 4 years. This does not 
mean that the period within which proof may be made will be extended as 
a matter of course for 3 years. Applications for extension under said 
act will not be granted unless it be clearly shown that the failure to 
reclaim and cultivate the land within the regular period of 4 years was 
due to no fault on the part of the entryman but to some unavoidable 
delay in the construction of the irrigation works for which he was not 
responsible and could not have readily foreseen (37 L.D. 332). It must 
also appear that he has complied with the law as to annual expenditures 
and proof thereof.



Sec. 2522.4  Act of April 30, 1912.

    (a) Under the provisions of the Act of April 30, 1912 (37 Stat. 106; 
43 U.S.C. 334), a further extension of time may be granted for 
submitting final proof, not exceeding 3 years, where it is shown that, 
because of some unavoidable delay in the construction of irrigation 
works intended to convey water to the land embraced in his entry, the 
claimant is, without fault on his part, unable to make proof of the 
reclamation and cultivation of said lands within the time limited 
therefor, but such further extension cannot be granted for a period of 
more than 3 years nor affect contests initiated for a valid existing 
reason.
    (b) An entryman who has complied with the law as to annual 
expenditures and proof thereof and who desires to make application for 
extension of time under the provisions of the Act of March 28, 1908, 
should file with the authorizing officer a statement setting forth fully 
the facts, showing how and why he has been prevented from making final 
proof of reclamation and cultivation within the regular period. This 
statement must be corroborated by two witnesses who have personal 
knowledge of the facts.



Sec. 2522.5  Act of February 25, 1925.

    Applications for further extension of time under the Act of April 
30, 1912, and February 25, 1925 (43 Stat. 982; 43 U.S.C. 336), may be 
made in the same manner, and the same procedure will be followed with 
respect to such applications as under the Act of March 28, 1908, and the 
Act of March 4, 1915 (38 Stat. 1161; 43 U.S.C. 335), as amended.



Sec. 2522.6  Service fees.

    All applications for extension of time made under the Acts of March 
28, 1908, April 30, 1912, or February 25, 1925, must be accompanied by 
an application service fee of $10 which will not be returnable.



                         Subpart 2523--Payments



Sec. 2523.1  Collection of purchase money and fees; issuance of final certificate.

    (a) At the time of making final proof the claimant must pay to the 
authorizing officer the sum of $1 per acre for each acre of land upon 
which proof is made. This, together with the 25 cents per acre paid at 
the time of making the original entry, will amount to $1.25 per acre, 
which is the price to be paid for all lands entered under the desert 
land law.
    (b) If the entryman is dead and proof is made by anyone for the 
heirs, no will being suggested in the record, the final certificate 
should issue to the heirs generally, without naming them; if by anyone 
for the heirs or devisees, final certificate should issue in like manner 
to the heirs or devisees.
    (c) When final proof is made on an entry made prior to the Act of 
March 28, 1908 (35 Stat. 52; 43 U.S.C. 324, 326, 333), for unsurveyed 
land, if the land is still unsurveyed and such proof is satisfactory, 
the authorizing officer will approve same without collecting the final 
payment of $1 an acre and without issuing final certificate. Fees for 
reducing the final-proof testimony to writing should be collected and 
receipt issued therefor if the proof is taken before the authorizing 
officer. As soon as the plat or plats of any township or townships 
previously unsurveyed are filed in the proper office the authorizing 
office will examine his records for the purpose of determining, if 
possible, whether or not, prior to the passage of the Act of March 28, 
1908, any desert-land entry of unsurveyed land was allowed in the 
locality covered by the said plats; and if any such entries are found 
intact, he will call upon the

[[Page 149]]

claimants thereof to file a statement of adjustment, corroborated by two 
witnesses, giving the correct description, in accordance with the survey 
of the lands embraced in their respective entries.
    (d) If the final proof has been made upon any desert-land entry so 
adjusted and the records show that such proof has been found 
satisfactory and no conflicts or other objections are apparent, the 
manager will allow claimant 60 days within which to make final payment 
for the land.
[35 FR 9588, June 13, 1970]



Sec. 2523.2  Amounts to be paid.

    No fees or commissions are required of persons making entry under 
the desert land laws except such fees as are paid to the officers for 
taking the affidavits and proofs. Unless the entry be perfected under 
the Act of February 14, 1934 (48 Stat. 349; 43 U.S.C. 339), the only 
payments made to the Government are the original payment of 25 cents an 
acre at the time of making the application and the final payment of $1 
an acre, to be paid at the time of making the final proof. On all final 
proofs made before the authorizing officer, the claimant must pay to the 
authorizing officer the costs of reducing the testimony to writing, as 
determined by the authorizing officer. No proof shall be accepted or 
approved until all charges have been paid.
[35 FR 9588, June 13, 1970]



     Subpart 2524--Desert-Land Entries Within a Reclamation Project

    Authority:  Sec. 10, 32 Stat. 390; as amended; 43 U.S.C. 373.

    Source:  35 FR 9588, June 13, 1970, unless otherwise noted.



Sec. 2524.1  Conditions excusing entrymen from compliance with the desert-land laws.

    (a) By section 5 of the Act of June 27, 1906 (34 Stat. 520, 43 
U.S.C. 448), it is provided that any desert-land entryman who has been 
or may be directly or indirectly hindered or prevented from making 
improvements on or from reclaiming the lands embraced in his entry, by 
reason of the fact that such lands have been embraced within the 
exterior limits of any withdrawal under the Reclamation Act of June 17, 
1902 (32 Stat. 388; 43 U.S.C. 372 et seq.) will be excused during the 
continuance of such hindrance from complying with the provisions of the 
desert-land laws.
    (b) Persons excused from compliance with the desert-land laws. 
Section 5 of the Act of June 27, 1906, applies only to persons who have 
been, directly or indirectly, delayed or prevented, by the creation of 
any reclamation project, or by any withdrawal of public lands under the 
reclamation law, from improving or reclaiming the lands covered by their 
entries.
    (c) Statement required to warrant excuse. No entryman will be 
excused under this act from a compliance with all of the requirements of 
the desert-land law until he has filed in the proper office for the 
district in which his lands are situated a statement showing in detail 
all of the facts upon which he claims the right to be excused. This 
statement must show when the hindrance began, the nature, character, and 
extent of the same, and it must be corroborated by two disinterested 
persons, who can testify from their own personal knowledge.



Sec. 2524.2  Annual proof.

    (a) Extension of time. Inasmuch as entrymen are allowed 1 year after 
entry in which to submit the first annual proof of expenditures for the 
purpose of improving and reclaiming the land entered by them, the 
privileges of the Act of June 27, 1906, are not necessary in connection 
with annual proofs until the expiration of the years in which such 
proofs are due. Therefore, if at the time that annual proof is due it 
can not be made, on account of hindrance or delay occasioned by a 
withdrawal of the land for the purpose indicated in the act, the 
applicant will file his statement explaining the delay. As a rule, 
however, annual proofs may be made, notwithstanding the withdrawal of 
the land, because expenditures for various kinds of improvements are 
allowed as satisfactory annual proofs. Therefore an extension of time 
for making annual proof will not be granted unless it is made clearly to

[[Page 150]]

appear that the entryman has been delayed or prevented by the withdrawal 
from making the required improvements; and, unless he has been so 
hindered or prevented from making the required improvements, no 
application for extension of time for making final proof will be granted 
until after all the yearly proofs have been made.
    (b) When application for extension of time should be filed. An 
entryman will not need to invoke the privileges of the Act of June 27, 
1906, in connection with final proof until such final proof is due, and 
if at that time he is unable to make the final proof of reclamation and 
cultivation, as required by law, and such inability is due, directly or 
indirectly, to the withdrawal of the land on account of a reclamation 
project, the statement explaining the hindrance and delay should be 
filed in order that the entryman may be excused for such failure.



Sec. 2524.3  Time extended to make final proof.

    When the time for submitting final proof has arrived and the 
entryman is unable, by reason of the withdrawal of the land, to make 
such proof, upon proper showing, he will be excused and the time during 
which it is shown that he has been hindered or delayed on account of the 
withdrawal of the land will not be computed in determining the time 
within which final proof must be made.



Sec. 2524.4  Beginning of period for compliance with the law.

    If, after investigation the irrigation project has been or may be 
abandoned by the Government, the time for compliance with the law by the 
entryman shall begin to run from the date of notice of such abandonment 
of the project and of the restoration to the public domain of the lands 
which had been withdrawn in connection with the project. If, however, 
the reclamation project is carried to completion by the Government and a 
water supply has been made available for the land embraced in such 
desert-land entry, the entryman must, if he depends on the Government's 
project for his water supply, comply with all provisions of the 
reclamation law, and must under the Act of June 6, 1930 (46 Stat. 502; 
43 U.S.C. 448), relinquish or assign in not less than 2 years after 
notice all the land embraced in his entry in excess of one farm unit, 
and upon making final proof and complying with the regulations of the 
Department applicable to the remainder of the irrigable land of the 
project and with the terms of payment prescribed in the reclamation law, 
he shall be entitled to patent as to such retained farm unit, and final 
water-right certificate containing lien as provided for by the Act of 
August 9, 1912 (37 Stat. 265; 43 U.S.C. 541-546), Act of August 26, 1912 
(37 Stat. 610; 43 U.S.C. 547), and the Act of February 15, 1917 (39 
Stat. 920; 43 U.S.C. 541), or to patent without a lien if provision 
therefor shall have been made as provided for by the Act of May 15, 1922 
(42 Stat. 541; 43 U.S.C. 511-513).



Sec. 2524.5  Assignment of desert-land entries in whole or in part.

    (a) Act of July 24, 1912. Under the Act of July 24, 1912 (37 Stat. 
200; 43 U.S.C. 449), desert-land entries covering lands within the 
exterior limits of a Government reclamation project may be assigned in 
whole or in part, even though water-right application has been filed for 
the land in connection with the Government reclamation project, or 
application for an extension of time in which to submit proof on the 
entry has been submitted, under the Act of June 27, 1906 (34 Stat. 520; 
43 U.S.C. 448), as amended by the Act of June 6, 1930 (46 Stat. 502; 43 
U.S.C. 448), requiring reduction of the area of the entry to one farm 
unit.
    (b) Amendment of farm-unit plat after partial assignment. Where it 
is desired to assign part of a desert-land entry which has been 
designated as a farm unit, application for the amendment of the farm-
unit plat should be filed with the official in charge of the project, as 
in the case of assignments of homestead entries. (See Sec. 2515.5 (a)(3) 
to (5).) The same disposition of amendatory diagrams will be made and 
the same procedure followed as provided for assignments of homestead 
entries.

[[Page 151]]



Sec. 2524.6  Desert-land entryman may proceed independently of Government irrigation.

    Special attention is called to the fact that nothing contained in 
the Act of June 27, 1906 (34 Stat. 520; 43 U.S.C. 448), shall be 
construed to mean that a desert-land entryman who owns a water right and 
reclaims the land embraced in his entry must accept the conditions of 
the reclamation law, but he may proceed independently of the 
Government's plan of irrigation and acquire title to the land embraced 
in his desert-land entry by means of his own system of irrigation.



Sec. 2524.7  Disposal of lands in excess of 160 acres.

    Desert-land entrymen within exterior boundaries of a reclamation 
project who expect to secure water from the Government must relinquish 
or assign all of the lands embraced in their entries in excess of one 
farm unit in not less than 2 years after notice through the land office, 
must reclaim one-half of the irrigable area covered by their water right 
in the same manner as private owners of land irrigated under a 
reclamation project, and also comply with the regulations of the 
Department applicable to the remainder of the irrigable land of the 
project.



Sec. 2524.8  Cancellation of entries for nonpayment of water-right charges.

    All homestead and desert-land entrymen holding land under the 
reclamation law must, in addition to paying the water-right charges, 
reclaim the land as required by the reclamation law. Homestead entrymen 
must reside upon, cultivate, and improve the lands embraced in their 
entries for not less than the period required by the homestead laws. 
Desert-land entrymen must comply with the provisions of the desert-land 
laws as amended by the reclamation law. Failure to make payment of any 
water-right charges due for more than 1 year, will render the entry 
subject to cancellation and the money paid subject to forfeiture, 
whether water-tight application has been made or not.



PART 2530--INDIAN ALLOTMENTS--Table of Contents




                Subpart 2530--Indian Allotments: General

Sec.
2530.0-3  Authority.
2530.0-7  Cross reference.
2530.0-8  Land subject to allotment.

                  Subpart 2531--Applications, Generally

2531.1  Qualifications of applicants.
2531.2  Petition and applications.
2531.3  Effect of application.

                        Subpart 2532--Allotments

2532.1  Certificate of allotment.
2532.2  Trust patent.

            Subpart 2533--Allotments Within National Forests

2533.0-3  Authority.
2533.0-8  Land subject to allotment.
2533.1  Application.
2533.2  Approval.



                Subpart 2530--Indian Allotments: General

    Authority:  R.S. 2478, 34 Stat. 197; 43 U.S.C. 1201, 48 U.S.C. 357.



Sec. 2530.0-3  Authority.

    (a) General Allotment Act of February 8, 1887. Section 4 of the 
General Allotment Act of February 8, 1887 (24 Stat. 389; 25 U.S.C. 334), 
as amended by the Act of February 28, 1891 (26 Stat. 794), and section 
17 of the Act of June 25, 1910 (36 Stat. 859; 25 U.S.C. 336), provides 
that where any Indian entitled to allotment under existing laws shall 
make settlement upon any surveyed or unsurveyed lands of the United 
States not otherwise appropriated, he or she shall be entitled, upon 
application to the proper office for the district in which the lands are 
located, to have the same allotted to him or her and to his or her 
children in manner as provided by law for allotments to Indians residing 
upon reservations, and that such allotments to Indians on the public 
domain shall not exceed 40 acres of irrigable land, or 80 acres of 
nonirrigable agricultural land or 160 acres of nonirrigable grazing land 
to any one Indian.
    (b) Act of March 1, 1933. The Act of March 1, 1933 (47 Stat. 1418; 
43 U.S.C.

[[Page 152]]

190a) provides that no further allotments of lands to Indians on the 
public domain shall be made in San Juan County, Utah.
    (c) Executive Orders 6910 and 6964, Taylor Grazing Act of June 28, 
1934. Public land withdrawn by Executive Orders 6910 and 6964 of 
November 26, 1934, and February 5, 1935, respectively, and land within 
grazing districts established under section 1 of the Taylor Grazing Act 
of June 28, 1934 (43 U.S.C. 315), is not subject to settlement under 
section 4 of the General Allotment Act of February 8, 1887, as amended, 
until such settlement has been authorized by classification. See parts 
2410, 2420, and 2430 of this chapter.
[35 FR 9589, June 13, 1970, as amended at 37 FR 23184, Oct. 31, 1972]



Sec. 2530.0-7  Cross reference.

    For native allotments in Alaska see subpart 2561 of this chapter.
[35 FR 9589, June 13, 1970]



Sec. 2530.0-8  Land subject to allotment.

    (a) General. (1) The law provides that allotments may include not to 
exceed 40 acres of irrigable land, 80 acres of nonirrigable agricultural 
land, or 160 acres of nonirrigable grazing land.
    (2) Irrigable lands are those susceptible of successful irrigation 
at a reasonable cost from any known source of water supply; nonirrigable 
agricultural lands are those upon which agricultural crops can be 
profitably raised without irrigation; grazing lands are those which can 
not be profitably devoted to any agricultural use other than grazing.
    (3) An allotment may be allowed for coal and oil and gas lands, with 
reservation of the mineral contents to the United States.
[35 FR 9589, June 13, 1970]



                  Subpart 2531--Applications, Generally



Sec. 2531.1  Qualifications of applicants.

    (a) General. An applicant for allotment under the fourth section of 
the Act of February 8, 1887, as amended, is required to show that he is 
a recognized member of an Indian tribe or is entitled to be so 
recognized. Such qualifications may be shown by the laws and usages of 
the tribe. The mere fact, however, that an Indian is a descendant of one 
whose name was at one time borne upon the rolls and who was recognized 
as a member of the tribe does not of itself make such Indian a member of 
the tribe. The possession of Indian blood, not accompanied by tribal 
affiliation or relationship, does not entitle a person to an allotment 
on the public domain. Tribal membership, even though once existing and 
recognized, may be abandoned in respect to the benefits of the fourth 
section.
    (b) Certificate that applicant is Indian and eligible for allotment. 
Any person desiring to file application for an allotment of land on the 
public domain under this act must first obtain from the Commissioner of 
Indian Affairs a certificate showing that he or she is an Indian and 
eligible for such allotment, which certificate must be attached to the 
allotment application. Application for the certificate must be made on 
the proper form, and must contain information as to the applicant's 
identity, such as thumb print, age, sex, height, approximate weight, 
married or single, name of the Indian tribe in which membership is 
claimed, etc., sufficient to establish his or her identity with that of 
the applicant for allotment. Each certificate must bear a serial number, 
record thereof to be kept in the Indian Office. The required forms may 
be obtained as stated in Sec. 2531.2(b).
    (c) Heirs of Indian settlers and applicants. (1) Allotments are 
allowable only to living persons or those in being at the date of 
application. Where an Indian dies after settlement and filing of 
application, but prior to approval, the allotment will upon final 
approval be confirmed to the heirs of the deceased allottee.
    (2) In disposing of pending applications in which the death of the 
applicant has been reported, the heirs of an applicant who was otherwise 
qualified at the date of application should be notified that they will 
be allowed 90 days from receipt of notice within which to submit proof 
that the applicant personally settled on the land applied for during his 
or her lifetime, and while the land was open to settlement, and upon

[[Page 153]]

failure to submit such proof within the time allowed the application 
will be finally rejected.
    (3) When it is sufficiently shown that an applicant was at the time 
of death occupying in good faith the land settled on, patent will be 
issued to his or her heirs without further use or occupancy on the part 
of such heirs being shown.
    (d) Minor children. An Indian settler on public lands under the 
fourth section of the Act of February 8, 1887, as amended, is also 
eligible upon application for allotments made thereunder to his minor 
children, stepchildren, or other children to whom he stands in loco 
parentis, provided the natural children are in being at the date of the 
parent's application, or the other relationship referred to exist at 
such date. The law only permits one eligible himself under the fourth 
section to take allotments thereunder on behalf of his minor children or 
of those to whom he stands in loco parentis. Orphan children (those who 
have lost both parents) are not eligible for allotments on the public 
domain unless they come within the last-mentioned class. No actual 
settlement is required in case of allotments to minor children under the 
fourth section, but the actual settlement of the parent or of a person 
standing in loco parentis on his own public-land allotment will be 
regarded as the settlement of the minor children.
    (e) Indian wives. (1) Where an Indian woman is married to non-Indian 
not eligible for an allotment under the fourth section of the Act of 
February 8, 1887, as amended, and not a settler or entryman under the 
general homestead law, her right, and that of the minor children born of 
such marriage, to allotments on the public domain will be determined 
without reference to the quantum of Indian blood possessed by such women 
and her children but solely with reference as to whether they are 
recognized members of an Indian tribe or are entitled to such 
membership.
    (2) An Indian woman married to an Indian man who has himself 
received an allotment on the public domain or is entitled to one, or has 
earned the equitable right to patent on any form of homestead or small 
holding claim, is not thereby deprived of the right to file an 
application for herself, provided she is otherwise eligible, and also 
for her minor children where her husband is for any reason disqualified.
    (3) An Indian woman who is separated from her husband who has not 
received an allotment under the fourth section will be regarded as the 
head of a family and may file applications for herself and for the minor 
children under her care.
    (4) In every case where an Indian woman files applications for her 
minor children it must appear that she has not only applied for herself 
under the fourth section but has used the land in her own application in 
some beneficial manner.
    (f) Citizenship. (1) Under section 6 of the Act of February 8, 1887 
(24 Stat. 390; 25 U.S.C. 349), every Indian born within the territorial 
limits of the United States, to whom allotments were made under that 
Act, and every Indian who voluntarily takes up his residence separate 
and apart from any tribe of Indians and adopts the habits of civilized 
life is declared to be a citizen of the United States.
    (2) The Act of May 8, 1906 (34 Stat. 182; 8 U.S.C. 3), changed the 
time when an Indian became a citizen by virtue of the allotment made to 
him to the time when patent in fee should be issued on such an 
allotment.
    (3) The Act of June 2, 1924 (43 Stat. 253, 8 U.S.C. 3), conferred 
citizenship on all noncitizen Indians born within the Territorial limits 
of the United States, but expressly reserved to them all rights to 
tribal or other property. These rights include that of allotment on the 
public land, if qualified.
[35 FR 9589, June 13, 1970, as amended at 37 FR 23185, Oct. 31, 1972]



Sec. 2531.2  Petition and applications.

    (a) Any person desiring to receive an Indian allotment (other than 
those seeking allotments in national forests, for which see subpart 2533 
of this part) must file with the authorized officer, an application, 
together with a petition on forms approved by the Director, properly 
executed, together with a certificate from the authorized officer of the 
Bureau of Indian Affairs that the

[[Page 154]]

person is Indian and eligible for allotment, as specified in 
Sec. 2531.1(b). However, if the lands described in the application have 
been already classified and opened for disposition under the provisions 
of this part, no petition is required. The documents must be filed in 
accordance with the provisions of Sec. 1821.2 of this chapter.

The petition and the statement attached to the application for 
certificate must be signed by the applicant.
    (b) Blank forms for petitions and applications may be had from any 
office of the Bureau of Indian Affairs, or from land offices of the 
Bureau of Land Management.
[35 FR 9590, June 13, 1970]



Sec. 2531.3  Effect of application.

    (a) Where an allotment application under the fourth section of the 
Act of February 8, 1887, as amended, 25 U.S.C. 334 (is not accompanied 
by the requisite certificate from the Bureau of Indian Affairs showing 
the applicant to be eligible for an allotment, and the applicant is 
given time to furnish such certificate, the application does not 
segregate the land, and other applications therefor may be received and 
held to await final action on the allotment application.
    (b) Where an allotment application is approved by the authorized 
officer, it operates as a segregation of the land, and subsequent 
application for the same land will be rejected.
[37 FR 23185, Oct. 31, 1972]



                        Subpart 2532--Allotments



Sec. 2532.1  Certificate of allotment.

    (a) When the authorizing officer approves an application for 
allotment, he will issue to the applicant a certificate of allotment, on 
a prescribed form, showing the name in full of the applicant, post 
office address, name of the tribe in which membership is claimed, serial 
number of the certificate issued by the Commissioner of Indian Affairs, 
and a description of the land allotted.
    (b) Where the application under investigation is that of a single 
person over 21 years of age, or of the head of a family, report will 
also be made as to the character of the applicant's settlement and 
improvements. A similar report will be made on applications filed in 
behalf of minor children as to the character of the settlement and 
improvements made by the parent, or the person standing in loco 
parentis, on his or her own allotment under the fourth section.
[35 FR 9591, June 13, 1970]



Sec. 2532.2  Trust patent.

    (a) To enable an Indian allottee to demonstrate his good faith and 
intention, the issuance of trust patent will be suspended for a period 
of 2 years from date of settlement; but in those cases where that period 
has already elapsed at the time of adjudicating the allotment 
application, and when the evidence either by the record or upon further 
investigation in the field, shows the allottee's good faith and 
intention in the matter of his settlement, trust patents will issue in 
regular course. Trust patents in the suspended class, when issued will 
run from the date of suspension.
    (b) In the matter of fourth-section applications filed prior to the 
regulations in this part, where, by the record or upon further 
investigation in the field, it appears that such settlement has not been 
made as is contemplated by the regulations, such applications will not 
be immediately rejected, but the applicant will be informed that 2 years 
will be allowed within which to perfect his settlement and to furnish 
proof thereof, whereupon his application will be adjudicated as in other 
cases.
[35 FR 9591, June 13, 1970]



            Subpart 2533--Allotments Within National Forests

    Source:  35 FR 9591, June 13, 1970, unless otherwise noted.



Sec. 2533.0-3  Authority.

    By the terms of section 31 of the Act of June 25, 1910 (36 Stat. 
863; 25 U.S.C. 337), allotments under the fourth section of the Act of 
February 8, 1887, as amended, may be made within national forests.

[[Page 155]]



Sec. 2533.0-8  Land subject to allotment.

    An allotment under this section may be made for lands containing 
coal and oil and gas with reservation of the mineral contents to the 
United States, but not for lands valuable for metalliferous minerals. 
The rules governing the conduct of fourth-section applications under the 
Act of February 8, 1887 as amended, apply equally to applications under 
said section 31.



Sec. 2533.1  Application.

    An Indian who desires to apply for an allotment within a national 
forest under this act must submit the application to the supervisor of 
the particular forest affected, by whom it will be forwarded with 
appropriate report, through the district forester and Chief, Forest 
Service, to the Secretary of Agriculture, in order that he may determine 
whether the land applied for is more valuable for agriculture or grazing 
than for the timber found thereon.



Sec. 2533.2  Approval.

    (a) Should the Secretary of Agriculture decide that the land applied 
for, or any part of it, is chiefly valuable for the timber found 
thereon, he will transmit the application to the Secretary of the 
Interior and inform him of his decision in the matter. The Secretary of 
the Interior will cause the applicant to be informed of the action of 
the Secretary of Agriculture.
    (b) In case the land is found to be chiefly valuable for agriculture 
or grazing, the Secretary of Agriculture will note that fact on the 
application and forward it to the Commissioner of Indian Affairs.
    (c) If the Commissioner of Indian Affairs approves the application, 
he will transmit it to the Bureau of Land Management for issuance of a 
trust patent.
[35 FR 9591, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]



PART 2540--COLOR-OF-TITLE AND OMITTED LANDS--Table of Contents




         Subpart 2540--Color-of-Title: Authority and Definitions

Sec.
2540.0-3  Authority.
2540.0-5  Definition.

                    Subpart 2541--Color-of-Title Act

2541.1  Who may apply.
2541.2  Procedures.
2541.3  Patents.
2541.4  Price of land; payment.
2541.5  Publication; protests.

 Subpart 2542--Color-of-Title Claims: New Mexico, Contiguous to Spanish 
                            or Mexican Grants

2542.1  Application.
2542.2  Evidence required.
2542.3  Publication and posting of notice.
2542.4  Patent.

           Subpart 2543--Erroneously Meandered Lands: Arkansas

2543.1  Applications.
2543.2  Appraisal of land.
2543.3  Purchase price required.
2543.4  Publication and posting.
2543.5  Patent.

          Subpart 2544--Erroneously Meandered Lands: Louisiana

2544.1  Applications.
2544.2  Appraisal of land.
2544.3  Notice to deposit purchase price.
2544.4  Publication and posting.
2544.5  Patent.

          Subpart 2545--Erroneously Meandered Lands: Wisconsin

2545.1  Qualifications of applicants.
2545.2  Applications.
2545.3  Publication and protests.
2545.4  Price of land; other conditions.

             Subpart 2546--Snake River, Idaho: Omitted Lands

2546.1  Offers of lands for sale.
2546.2  Applications for purchase.
2546.3  Payment and publication.
2546.4  Public auctions.

                  Subpart 2547--Omitted Lands: General

2547.1  Qualifications of applicants.
2547.2  Procedures; applications.
2547.3  Price of land; payment.
2547.4  Publication and protests.
2547.5  Disposal considerations.
2547.6  Lands not subject to disposal under this subpart.
2547.7  Coordination with State and local governments.

[[Page 156]]



         Subpart 2540--Color-of-Title: Authority and Definitions



Sec. 2540.0-3  Authority.

    (a) Act of December 22, 1928. The Act of December 22, 1928 (45 Stat. 
1069), as amended by the Act of July 28, 1953 (67 Stat. 227; 43 U.S.C. 
1068, 1068a), authorizes the issuance of patent for not to exceed 160 
acres of public lands held under claim or color of title of either of 
the two classes described in Sec. 2540.0-5(b) upon payment of the sale 
price of the land.
    (b) Act of February 23, 1932. The Act of February 23, 1932 (47 Stat. 
53; 43 U.S.C. 178), authorizes the Secretary of the Interior in his 
discretion to issue patents, upon the payment of $1.25 per acre, for not 
more than 160 acres of public land, where such land is contiguous to a 
Spanish or Mexican land grant, and where such land has been held in good 
faith and in peaceful, adverse possession by a citizen of the United 
States, his ancestors or grantors, for more than 20 years under claim or 
color of title and where valuable improvements have been placed on such 
land, or some part thereof has been reduced to cultivation. The act 
further provides that where the land is in excess of 160 acres, the 
Secretary may determine the 160 acres to be patented under the Act. 
Under the said act the coal and all other minerals in the land are 
reserved to the United States and shall be subject to sale or disposal 
under applicable leasing and mineral land laws of the United States.
    (c) Act of September 21, 1922. The Act of September 21, 1922 (42 
Stat. 992; 43 U.S.C. 992), authorizes the Secretary of the Interior in 
his judgment and discretion to sell at an appraised price, any of those 
public lands situated in Arkansas, which were originally erroneously 
meandered and shown upon the official plats as water-covered areas, and 
which are not lawfully appropriated by a qualified settler or entryman 
claiming under the public land laws, to any citizen who in good faith 
under color of title or claiming as a riparian owner, has prior to 
September 21, 1922, placed valuable improvements on such land or reduced 
some part thereof to cultivation.
    (d) Act of February 19, 1925. The Act of February 19, 1925 (43 Stat. 
951; 43 U.S.C. 993), authorizes the Secretary of the Interior in his 
judgment and discretion to sell at an appraised price, any of those 
public lands situated in Louisiana, which were originally erroneously 
meandered and shown upon the official plats as water-covered areas and 
which are not lawfully appropriated by a qualified settler or entryman 
claiming under the public land laws, to any citizen who or whose 
ancestors in title in good faith under color of title or claiming as a 
riparian owner, has prior to February 19, 1925, placed valuable 
improvements upon or reduced to cultivation any of such lands. The coal, 
oil, gas, and other minerals in such lands are reserved to the United 
States.
    (e) Act of August 24, 1954. The Act of August 24, 1954 (68 Stat. 
789), directs the Secretary of the Interior to issue patents for public 
lands which lie between the meander line of an inland lake or river in 
Wisconsin as originally surveyed and the meander line of that lake or 
river as subsequently resurveyed, under certain terms and conditions. 
The Act of February 27, 1925 (43 Stat. 1013 43 U.S.C. 994), authorized 
the Secretary of the Interior to sell such public lands under certain 
other terms and conditions. These Acts are cited as the Act of 1954 and 
the Act of 1925, respectively, in Secs. 2545.1 to 2545.4.
    (f) Act of May 31, 1962. (1) The Act of May 31, 1962 (76 Stat. 89), 
hereafter referred to as the Act, authorizes the Secretary of the 
Interior, in his discretion, to sell at not less than their fair market 
value any of those lands in the State of Idaho, in the vicinity of the 
Snake River or any of its tributaries, which have been, or may be, found 
upon survey to be omitted public lands of the United States, and which 
are not within the boundaries of a national forest or other Federal 
reservation and are not lawfully appropriated by a qualified settler or 
entryman claiming under the public land laws, or are not used and 
occupied by Indians claiming by reason of aboriginal rights or are not 
used and occupied by Indians who are eligible for an allotment under the 
laws pertaining to allotments on the public domain.

[[Page 157]]

    (2) The Act provides that in all patents issued under the Act, The 
Secretary of the Interior (i) shall include a reservation to the United 
States of all the coal, oil, gas, oil shale, phosphate, potash, sodium, 
native asphalt, solid and semisolid bitumen, and bitumen rock (including 
oil-impregnated rock or sands from which oil is recoverable only by 
special treatment after the deposit is mined or quarried), together with 
the right to prospect for, mine, and remove the same; and (ii) may 
reserve the right of access to the public through the lands and such 
other reservations as he may deem appropriate and consonant with the 
public interest in preserving public recreational values in the lands.
    (3) The Act further provides that the Secretary of the Interior 
shall determine the fair market value of the lands by appraisal, taking 
into consideration any reservations specified pursuant to paragraph 
(f)(2) of this section and excluding, when sales are made to preference-
right claimants under section 2 of the Act, any increased values 
resulting from the development or improvement thereof for agricultural 
or other purposes by the claimant or his predecessors in interest.
    (4) The Act grants a preference right to purchase lands which are 
offered by the Secretary of the Interior for sale under the Act to any 
citizen of the United States (which term includes corporations, 
partnerships, firms, and other legal entities having authority to hold 
title to lands in the State of Idaho) who, in good faith under color of 
title or claiming as a riparian owner has, prior to March 30, 1961, 
placed valuable improvements upon, reduced to cultivation or occupied 
any of the lands so offered for sale, or whose ancestors or predecessors 
in title have taken such action.
    (g) The Federal Land Policy and Management Act of 1976.
    (1) Section 211 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1721), authorizes the Secretary of the Interior in his 
discretion to sell at not less than fair market value to the occupant 
thereof any omitted lands which, after survey, are found to have been 
occupied and developed for a 5-year period prior to January 1, 1975.
    (2) The Act provides that all such conveyances under the Act must be 
in the public interest and will serve objectives which outweigh all 
public objectives and values served by retaining such lands in Federal 
ownership.
    (3) Section 208 of the Act (43 U.S.C. 1718) further provides that 
the Secretary of the Interior shall issue patents subject to such terms, 
convenants, conditions, and reservations as deemed necessary to insure 
proper land use and protection of the public interest.
    (4) Section 209 of the Act (43 U.S.C. 1719) provides that all 
patents issued under the Act shall reserve to the United States all 
minerals in the lands, together with the right to prospect for, mine, 
and remove the minerals under applicable law and such regulations as the 
Secretary may prescribe, except as provided by section 209(b) of the 
Act.
[35 FR 9561, June 13, 1970, as amended at 44 FR 41793, July 18, 1979]



Sec. 2540.0-5  Definition.

    (a) The act, when used in this section means the Act of December 22, 
1928 (45 Stat. 1069; 43 U.S.C. 1068, 1068a), as amended by the Act of 
July 28, 1953 (67 Stat. 227, 43 U.S.C. 1068a).
    (b) The claims recognized by the Act will be referred to in this 
part as claims of class 1, and claim of class 2. A claim of class 1 is 
one which has been held in good faith and in peaceful adverse possession 
by a claimant, his ancestors or grantors, under claim or color of title 
for more than 20 years, on which valuable improvements have been placed, 
or on which some part of the land has been reduced to cultivation. A 
claim of class 2 is one which has been held in good faith and in 
peaceful, adverse possession by a claimant, his ancestors or grantors, 
under claim or color of title for the period commencing not later than 
January 1, 1901, to the date of application, during which time they have 
paid taxes levied on the land by State and local governmental units. A 
claim is not held in good faith where held with knowledge that the land 
is owned by the United States. A claim is not held in peaceful, adverse 
possession where it

[[Page 158]]

was initiated while the land was withdrawn or reserved for Federal 
purposes.
[35 FR 9592, June 13, 1970]



                    Subpart 2541--Color-of-Title Act

    Source:  35 FR 9592, June 13, 1970, unless otherwise noted.



Sec. 2541.1  Who may apply.

    Any individual, group, or corporation authorized to hold title to 
land in the State and who believes he has a valid claim under color of 
title may make application.



Sec. 2541.2  Procedures.

    (a) Application. (1) An application for a claim of class 1 or of 
class 2 must be filed in duplicate on a form approved by the Director. 
It must be filed in accordance with the provisions of Sec. 1821.2 of 
this chapter.
    (2) Every application must be accompanied by a filing fee of $10, 
which will be nonreturnable.
    (3) The application must be in typewritten form, or in legible 
handwriting, and it must be completely executed and signed by the 
applicant.
    (4) Every applicant must furnish information required in the 
application form concerning improvements, cultivation, conveyances of 
title, taxes, and related matters.
    (b) Description of lands applied for. Application under the act may 
be made for surveyed or unsurveyed lands. If unsurveyed, the description 
must be sufficiently complete to identify the location, boundary, and 
area of the land and, if possible, the approximate description or 
location of the land by section, township, and range. If unsurveyed land 
is claimed, final action will be suspended until the plat of survey has 
been officially filed.
    (c) Presentation and verification of factual statements. (1) 
Information relating to all record and nonrecord conveyances, or to 
nonrecord claims of title, affecting the land shall be itemized on a 
form approved by the Director. The statements of record conveyances must 
be certified by the proper county official or by an abstractor. The 
applicant may be called upon to submit documentary or other evidence 
relating to conveyances or claims. Abstracts of title or other documents 
which are so requested will be returned to the applicant.
    (2) Applicants for claims of class 2 must itemize all information 
relating to tax levies and payments on the land on a form approved by 
the Director which must be certified by the proper county official or by 
an abstractor.



Sec. 2541.3  Patents.

    (a) Any applicant who satisfied all requirements for a claim of 
class 1 or class 2 commencing not later than January 1, 1901, to the 
date of application and who so requests in the application will receive 
a patent conveying title to all other minerals except:
    (1) Any minerals which, at the time of approval of the application, 
are embraced by an outstanding mineral lease or
    (2) Any minerals for which the lands have been placed in a mineral 
withdrawal.

All other patents will reserve all minerals to the United States.
    (b) All mineral reservations will include the right to prospect for, 
mine, and remove the same in accordance with applicable law.
    (c) The maximum area for which patent may be issued for any claim 
under the act is 160 acres. Where an area held under a claim or color of 
title is in excess of 160 acres, the Secretary has authority under the 
act to determine what particular subdivisions not exceeding 160 acres, 
may be patented.



Sec. 2541.4  Price of land; payment.

    (a) Price of land. The land applied for will be appraised on the 
basis of its fair market value at the time of appraisal. However, in 
determination of the price payable by the applicant, value resulting 
from improvements or development by the applicant or his predecessors in 
interest will be deducted from the appraised price, and consideration 
will be given to the equities of the applicant. In no case will the land 
be sold for less than $1.25 per acre.
    (b) Payment. Applicant will be required to make payment of the sale 
price of the land within the time stated in the request for payment.

[[Page 159]]



Sec. 2541.5  Publication; protests.

    (a) The applicant will be required to publish once a week for four 
consecutive weeks in accordance with Sec. 1824.3 of this chapter, at his 
expense, in a designated newspaper and in a designated form, a notice 
allowing all persons claiming the land adversely to file in the office 
specified in Sec. 2541.1-2(a) their objections to the issuance of patent 
under the application. A protestant must serve on the applicant a copy 
of the objections and furnish evidence of such service.
    (b) The applicant must file a statement of the publisher, 
accompanied by a copy of the notice published, showing that publication 
has been had for the required time.



 Subpart 2542--Color-of-Title Claims: New Mexico, Contiguous to Spanish 
                            or Mexican Grants

    Source:  35 FR 9593, June 13, 1970 unless otherwise noted.



Sec. 2542.1  Application.

    (a) Where filed; purchase price required. Applications under the Act 
of February 23, 1932 must be filed with the authorizing officer of the 
proper office at Santa Fe, New Mexico, and should be accompanied by 
payment of the purchase price of the land applied for at the rate of 
$1.25 per acre.
    (b) Form. No special form of application is provided. The 
application should be in typewritten form or in legible handwriting and 
must be corroborated by at least two disinterested persons having actual 
knowledge of the facts alleged therein.
    (c) Contents of application. Applicants desiring to take advantage 
of the benefits of the Act of February 23, 1932, must show the following 
matters in their applications:
    (1) Full name and post-office address of the applicant and whether 
married or single.
    (2) Description of the land for which patent is desired. If 
surveyed, the land should be described by legal subdivision, section, 
township, and range. If unsurveyed, the land should be described by 
metes and bounds.
    (3) That the land applied for is contiguous to a Spanish or Mexican 
land grant. The grant should be identified by name, number, patentee or 
description of land involved. The points or places at which the land 
applied for is contiguous to the Spanish or Mexican land grant, must be 
clearly shown.
    (4) That possession of the lands applied for has been maintained for 
more than 20 years under claim or color of title. If the applicant is 
claiming as a record owner, he or she will be required to file an 
abstract of title, certified to by a competent abstractor, showing the 
record of all conveyances of the land up to the date of the filing of 
the application. If the applicant is not a record owner and no abstract 
of title can be furnished, statements must be filed, setting forth the 
names of all mesne possessors of the land, the periods held by each, 
giving the dates and manner of acquiring possession of the land, and the 
acts of dominion exercised over the land by each possessor.
    (5) That the lands have been held in good faith and in peaceful, 
adverse possession. The applicant should show whether or not he and his 
predecessors in interest have paid taxes on the lands and for what 
periods of time, and whether any consideration was paid for any 
conveyances of the land. It should further be shown whether there is any 
person who is claiming the land adversely to the applicant, and if there 
be such, the name and address of such adverse claimant should be 
furnished.
    (6) Whether or not valuable improvements have been erected upon the 
land applied for and whether or not any part of such land has been 
reduced to cultivation. If improvements have been made, the nature, the 
value, the exact location, and the time of erection thereof, should be 
fully disclosed together with the identity of the one who was 
responsible for erecting such improvements. If any of the land has been 
reduced to cultivation, the subdivision so claimed to have been reduced 
must be identified and the amount and nature of the cultivation must be 
set forth, together with the dates thereof.



Sec. 2542.2  Evidence required.

    (a) Citizenship. The applicant must furnish a statement showing 
whether

[[Page 160]]

such applicant is a native-born or naturalized citizen of the United 
States. In the event an applicant is a naturalized citizen, the 
statement should show the date of the alleged naturalization or 
declaration of intention, the title and location of the court in which 
instituted, and when available, the number of the document in question, 
if the proceeding has been had since September 26, 1906. In addition, in 
cases of naturalization prior to September 27, 1906, there should be 
given the date and place of the applicant's birth and the foreign 
country of which the applicant was a citizen or subject. In case the 
applicant is a corporation, a certified copy of the articles of 
incorporation should be filed.
    (b) Acreage claimed. The applicant in the statement required under 
paragraph (a) of this section must show that the land claimed is not a 
part of a claim which embraced more than 160 acres on February 23, 1932. 
If the land claimed is part of a claim containing more than 160 acres, a 
full disclosure of all facts concerning the larger claim must be 
furnished.



Sec. 2542.3  Publication and posting of notice.

    (a) If upon consideration of the application it is determined that 
the applicant is entitled to purchase the land applied for, the 
applicant will be required to publish notice of the application in a 
newspaper of general circulation in the county wherein the land applied 
for is situated. Notice for publication shall be issued in the following 
form:

                                                          Land Office,  
                                                   Santa Fe, New Mexico.

    Notice is hereby given that ----------------(Name of applicant) of 
---------------------- (Address) has filed application ----------------
------------------------------ (Number and land office) under the Act of 
February 23, 1932 (47 Stat. 53), to purchase --------------------------
-------------- (Land) Sec.----, T.----, R.----, ---------------- Mer., 
claiming under ----------------------------(Ground of claim).

    The purpose of this notice is to allow all persons having bona fide 
objection to the proposed purchase, an opportunity to file their 
protests in this office on or before

________________________________________________________________________
                                                                  (Date)
________________________________________________________________________
                                                               (Manager)

    (b) The notice shall be published at the expense of the applicant 
and such publication shall be made once each week for a period of five 
consecutive weeks. A copy of the notice will be posted in the proper 
office during the entire period of publication. The applicant must file 
evidence showing that publication has been had for the required time, 
which evidence must consist of the statement of the publisher, 
accompanied by a copy of the notice as published.



Sec. 2542.4  Patent.

    (a) Upon submission of satisfactory proof of publication and the 
expiration of the time allowed for the filing of objections against the 
application, if there be no protest, contest or other objection against 
the application, patent will then be issued by the authorizing officer.
    (b) There will be incorporated in patents issued on applications 
under the above Act, the following:

    Excepting and reserving, however, to the United States, the coal and 
all other minerals in the land so patented, together with the right of 
the United States or its permittees, lessees, or grantees, to enter upon 
said lands for the purpose of prospecting for and mining such deposits 
as provided for under the Act of February 23, 1932 (47 Stat. 53).



           Subpart 2543--Erroneously Meandered Lands: Arkansas

    Source:  35 FR 9593, June 13, 1970, unless otherwise noted.



Sec. 2543.1  Applications.

    (a) Applications to purchase under the Act of September 21, 1922, 
must be signed by the applicant in the State of Arkansas. Such 
applications had to be filed within 90 days from the date of the passage 
of this Act, if the lands had been surveyed and plats filed, otherwise 
they must be filed within 90 days from the filing of such plats. The 
applicant must show that he is either a native-born or naturalized 
citizen of the

[[Page 161]]

United States, and, if naturalized, file record evidence thereof; must 
describe the land which he desires to purchase, together with the land 
claimed as the basis of his preference right to the lands applied for if 
he applies as a riparian owner, or if claiming otherwise, under what 
color of title his claim is based, and that the applied-for lands are 
not lawfully appropriated by a qualified settler or entryman under the 
public land laws, nor in the legal possession of any adverse applicant; 
the kind, character, and value of the improvements on the land covered 
by the application; when they were placed thereon; the extent of the 
cultivation had, if any, and how long continued. This application must 
be supported by the statements of two persons having personal knowledge 
of the facts alleged in the application.
    (b) All applications to purchase under the act must be accompanied 
by an application service fee of $10 which will not be returnable.



Sec. 2543.2  Appraisal of land.

    When an application is received it will be assigned for 
investigation and appraisement of the land in accordance with the 
provisions of the Act of September 21, 1922.



Sec. 2543.3  Purchase price required.

    If upon consideration of the application it shall be determined that 
the applicant is entitled to purchase the lands applied for, the 
applicant will be notified by registered mail that he must within 30 
days from service of notice deposit the appraised price, or thereafter, 
and without further notice, forfeit all rights under his application.



Sec. 2543.4  Publication and posting.

    Upon payment of the appraised price a notice of publication will be 
issued. Such notice shall be published at the expense of the applicant 
in a designated newspaper of general circulation in the vicinity of the 
lands once a week for five consecutive weeks immediately prior to the 
date of sale, but a sufficient time should elapse between the date of 
last publication and date of sale to enable the statement of the 
publisher to be filed. The notice will advise all persons claiming 
adversely to the applicant that they should file any objections or 
protests against the allowance of the application within the period of 
publication, otherwise the application may be allowed. Any objections or 
protests must be corroborated, and a copy thereof served upon the 
applicant. The Bureau of Land Management will cause a notice similar to 
the notice for publication to be posted in such office, during the 
entire period of publication. The publisher of the newspaper must file 
in the Bureau of Land Management prior to the date fixed by the sale 
evidence that publication has been had for the required period, which 
evidence must consist of the statement of the publisher, accompanied by 
a copy of the notice published.



Sec. 2543.5  Patent.

    Upon submission of satisfactory proof, if no protest or contest is 
pending, patent will be issued.



          Subpart 2544--Erroneously Meandered Lands: Louisiana

    Source:  35 FR 9594, June 13, 1970, unless otherwise noted.



Sec. 2544.1  Applications.

    (a) Applications to purchase under the Act of February 19, 1925, 
must be signed by the applicant in the State of Louisiana. Such 
applications had to be filed within 90 days from the passage of this 
act, if the lands had been surveyed and plats filed, otherwise they must 
be filed within 90 days from the filing of such plat. The applicant must 
show that he is either a native-born or a naturalized citizen of the 
United States, and, if naturalized, file record evidence thereof; must 
describe the land which he desires to purchase, together with the land 
claimed as the basis of his preference right to the lands applied for it 
he applies as a riparian owner, or if claiming otherwise, under what 
color of the title his claim is based; in other words, a complete 
history of the claim, and that the lands applied for are not lawfully 
appropriated by a qualified settler or entryman under the public land 
laws, nor in the legal possession of any adverse applicant; the kind, 
character, and value of the improvements on the land covered by the 
application;

[[Page 162]]

when they were placed thereon; the extent of the cultivation, if any, 
and how long continued. Such application must be supported by the 
statement of at least two persons having personal knowledge of the facts 
alleged in the application.
    (b) All applications to purchase under the act must be accompanied 
by an application service fee of $10 which will not be returnable.



Sec. 2544.2  Appraisal of land.

    When an application is received it will be assigned for 
investigation and appraisement of the land in accordance with the 
provisions of the act.



Sec. 2544.3  Notice to deposit purchase price.

    If, upon consideration of the application, it shall be determined 
that the applicant is entitled to purchase the lands applied for, the 
applicant will be notified, by registered mail, that he must within 6 
months from receipt of notice deposit the appraised price of the land or 
else forfeit all his rights under his application.



Sec. 2544.4  Publication and posting.

    Upon payment of the appraised price of the land the Bureau will 
issue notice of publication. Such notice shall be published at the 
expense of the applicant in a designated newspaper of general 
circulation in the vicinity of the lands, once a week for five 
consecutive weeks. In accordance with Sec. 1824.3 of this chapter, 
immediately prior to the date of sale, but a sufficient time shall 
elapse between the date of the last publication and the date of sale to 
enable the statement of the publisher to be filed. The notice will 
advise all persons claiming adversely to the applicant that they should 
file any objections or protests against the allowance of the application 
within the period of publication, otherwise the application may be 
allowed. Any objections or protests must be corroborated, and a copy 
thereof served upon the applicant. The Bureau will also cause a copy of 
such notice of publication to be posted in such office during the entire 
period of publication. The applicant must file in the Bureau prior to 
the date fixed for the sale evidence that publication has been had for 
the required period, which evidence must consist of the statement of the 
publisher accompanied by a copy of the notice so published.



Sec. 2544.5  Patent.

    Upon the submission of satisfactory proof, the Bureau will, if no 
protest or contest is pending, issue patent, such patent to contain a 
stipulation that all the minerals in the lands described in the 
application are reserved to the United States with the right to prospect 
for, mine and remove same.



          Subpart 2545--Erroneously Meandered Lands: Wisconsin

    Source:  35 FR 9594, June 13, 1970, unless otherwise noted.



Sec. 2545.1  Qualifications of applicants.

    (a) To qualify under the Act of 1954, a person, or his predecessors 
in interest, (1) must have been issued, prior to January 21, 1953, a 
patent for lands lying along the meander line as originally determined, 
and (2) must have held in good faith and in peaceful, adverse possession 
since the date of issuance of said patent adjoining public lands lying 
between the original meander line and the resurveyed meander line.
    (b) To qualify under the Act of 1925, a person must either (1) be 
the owner in good faith of land, acquired prior to February 27, 1925, 
shown by the official public land surveys to be bounded in whole or in 
part by such public lands or (2) be a citizen of the United States who, 
in good faith under color of title or claiming as a riparian owner, had, 
prior to February 27, 1925, placed valuable improvements upon or reduced 
to cultivation any of such public lands.



Sec. 2545.2  Applications.

    (a) Claimants under the Act of 1925 have a preferred right of 
application for a period of 90 days from the date of filing of the plat 
of survey of lands claimed by them. Applications for public lands under 
the Act of 1954 must be filed within 1 year after August 24, 1954, or 1 
year from the date of the official plat or resurvey, whichever is later. 
All applications must be filed in the proper office (see Sec. 1821.2-1 
of this chapter).

[[Page 163]]

    (b) Every application must be accompanied by a filing fee of $10, 
which is not returnable.
    (c) No particular form is required but the applications must be 
typewritten or in legible handwriting and must contain the following 
information:
    (1) The name and post office address of the applicant.
    (2) The legal description and acreage of the public lands claimed or 
desired.
    (3) The legal description of the lands owned by the applicant, if 
any, adjoining the public lands claimed or desired. If the claim is 
based on ownership of such adjoining lands, the application must be 
accompanied by a certificate from the proper county official or by an 
abstractor, showing the date of acquisition of the lands by the 
applicant and that the applicant owns the lands in fee simple as of the 
date of application.
    (4) If the applicant is a color-of-title applicant under the Act of 
1925, a statement whether or not the applicant is a citizen of the 
United States.
    (5) If the application is based on color of title or riparian claim 
under the Act of 1925, a statement fully disclosing the facts of the 
matter; or if the application is based on peaceful, adverse possession 
under the Act of 1954, a similar statement showing peaceful, adverse 
possession by the applicant, or his predecessors in interest, since the 
issuance of the patent to the lands adjoining the claimed lands.
    (6) A statement showing the improvements, if any, placed on the 
public lands applied for including their location, nature, present 
value, date of installation, and the names of the person or persons who 
installed them.
    (7) A statement showing the cultivation, if any, of the lands 
applied for, including the nature, location, and dates of such 
cultivation.
    (8) The names and post office addresses of any adverse claimants, 
settlers, or occupants of the public lands applied for or claimed.
    (9) The names and post office addresses of at least two 
disinterested persons having knowledge of the facts relating to the 
applicant's claim.
    (10) A citation of the act under which the application is made.



Sec. 2545.3  Publication and protests.

    (a) The applicant will be required to publish once a week for five 
consecutive weeks in accordance with Sec. 1824.3 of this chapter, at his 
expense, in a designated newspaper and in a designated form, a notice 
allowing all persons claiming the land adversely to file with the Bureau 
of Land Management, Washington, DC, their objections to issuance of 
patent under the application. A protestant must serve on the applicant a 
copy of the objections and furnish evidence of such service.
    (b) The applicant must file a statement of the publisher, 
accompanied by a copy of the notice published, showing that publication 
has been had for the required time.



Sec. 2545.4  Price of land; other conditions.

    (a) Persons entitled to a patent under the Act of 1954 must, within 
30 days after request therefor, pay, under the same terms and 
conditions, the same price per acre as was paid for the land included in 
their original patent.
    (b) Persons entitled to a patent under the Act of 1925, within 30 
days after request therefor, must pay the appraised price of the lands, 
which price will be the value of the lands as of the date of appraisal, 
exclusive of any increased value resulting from the development or 
improvement of the lands for agricultural purposes by the applicant or 
his predecessors in interest but inclusive of the stumpage value of any 
timber cut or removed by them.



             Subpart 2546--Snake River, Idaho: Omitted Lands

    Source:  35 FR 9595, June 13, 1970, unless otherwise noted.



Sec. 2546.1  Offers of lands for sale.

    Before any lands may be sold under the Act, the authorized officer 
of the Bureau of Land Management shall publish in the Federal Register 
and in at least one newspaper of general circulation within the State of 
Idaho a notice that the lands will be offered for sale, which notice 
shall specify a period of time not less than 30 days in duration during 
which citizens may file with the

[[Page 164]]

proper office at Boise, Idaho, a notice of their intention to apply to 
purchase all or part of the lands as qualified preference-right 
claimants.



Sec. 2546.2  Applications for purchase.

    (a) All citizens who file a notice of intention in accordance with 
Sec. 2546.1 within the time period specified in the published notice or 
any amendment thereof will be granted by the authorized officer a period 
of time not less than 30 days in duration in which to file, in duplicate 
with the Authorizing officer of the Boise State Office, their 
applications to purchase lands as preference-right claimants.
    (b) Every application must be accompanied by a filing fee of $10, 
which is not returnable.
    (c) No particular form is required but the applications must be 
typewritten or in legible handwriting and must contain the following 
information:
    (1) The name and post office address of the claimant.
    (2) The description and acreage of the public lands claimed or 
desired.
    (3) The description of the lands owned by the applicant, if any, 
adjoining the public lands claimed or desired accompanied by a 
certificate from the proper county official or by an abstractor or by an 
attorney showing the date of acquisition of the lands by the applicant 
and that the applicant owns the lands in fee simple as of the date of 
application.
    (4) A statement showing that the claimant is a citizen of the United 
States, as defined in paragraph (4) of Sec. 2540.0-3(f).
    (5) A statement giving the basis for color of title or claim of 
riparian ownership.
    (6) A statement showing the improvements, if any, placed on the 
public lands applied for including their location, nature, present 
value, date of installation, and the names of the person or persons who 
installed them.
    (7) A statement showing the cultivation and occupancy, if any, of 
the lands applied for, including the nature, location, and date of such 
cultivation and occupancy.
    (8) The names and post office addresses of any adverse claimants, 
settlers, or occupants of the public lands claimed.
    (9) The names and addresses of at least two disinterested persons 
having knowledge of the facts relating to the applicant's claim.
    (10) A citation of the Act under which the application is made.



Sec. 2546.3  Payment and publication.

    (a) Before lands may be sold to a qualified preference-right 
claimant, the claimant will be required to pay the purchase price of the 
lands and will be required to publish once a week for four consecutive 
weeks, at his expense, in a designated newspaper and in a designated 
form, a notice allowing all persons having objections to file with the 
Authorizing officer of the State Office at Boise, Idaho, their 
objections to issuance of patent to the claimant. A protestant must 
serve on the claimant a copy of the objections and must furnish the 
Authorizing officer with evidence of such service.
    (b) Among other things, the notice will describe the lands to be 
patented, state the purchase price for the lands and the reservations, 
if any, to be included in the patent to preserve public recreational 
values in the lands.
    (c) The claimant must file a statement of the publisher, accompanied 
by a copy of the notice published, showing that publication has been had 
for the required time.



Sec. 2546.4  Public auctions.

    (a) The authorized officer may sell under the Act at public auction 
any lands for which preference-claimants do not qualify for patents 
under the regulations of Sec. 2540.0-3(f) and subpart 2546.
    (b) Lands will be sold under this section at not less than their 
appraised fair market value at the time and place and in the manner 
specified by the authorized officer in a public notice of the sale.
    (c) Bids may be made by the principal or his agent, either 
personally at the sale or by mail.
    (d) A bid sent by mail must be received at the place and within the 
time specified in the public notice. Each such bid must clearly state 
(1) the name and address of the bidder and (2)

[[Page 165]]

the specified tract, as described in the notice for which the bid is 
made. The envelope must be noted as required by the notice.
    (e) Each bid by mail must be accompanied by certified or cashier's 
check, post office money order or bank draft for the amount of the bid.
    (f) The person who submits the highest bid for each tract at the 
close of bidding, but not less than the minimum price, will be declared 
the purchaser.



                  Subpart 2547--Omitted Lands: General

    Authority:  Secs. 211 and 310 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1721 and 1740).

    Source:  44 FR 41793, July 18, 1979, unless otherwise noted.



Sec. 2547.1  Qualifications of applicants.

    (a) Any person authorized to hold title to land in the State may 
make application under section 211 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1721). For regulations on conveyances 
of omitted lands and unsurveyed islands to State and local governments 
see subpart 2742 of this title.
    (b) The applicant shall be a citizen of the United States, or in the 
case of corporation, shall be organized under the laws of the United 
States or any State thereof.
    (c) The applicant shall have occupied and developed the lands for a 
5-year period prior to January 1, 1975.
[44 FR 41793, July 18, 1979; 44 FR 55876, Sept. 28, 1979]



Sec. 2547.2  Procedures; applications.

    (a) The description of the omitted lands applied for shall be 
sufficiently complete to identify the location, boundary, and area of 
the land, including, if possible, the legal description of the land by 
section or fractional section, township, range, meridian and State.
    (b) Each application shall be accompanied by a filing fee of $50 
that is nonreturnable. The application shall be filed in accordance with 
the provisions of Sec. 1821.2 of this title.
    (c) No special form of application is required. The application 
shall be typewritten or in legible handwriting and shall contain the 
following information:
    (1) The full name and legal mailing address of the applicant.
    (2) The description and acreage of the public lands claimed.
    (3) A statement showing that the applicant is qualified or 
authorized to hold title to land in the State, is a citizen of the 
United States, and in the case of a corporation, is organized under the 
laws of the United States or any State thereof.
    (4) A statement describing how the applicant has satisfied the 
requirements of the statute.
    (5) A statement describing the nature and extent of any developments 
made to the lands applied for and describing the period and type of any 
occupancy of the land.
    (6) The names and legal mailing addresses of any known adverse 
claimants or occupants of the applied for lands.
    (7) A citation of the Act under which the application is being made.



Sec. 2547.3  Price of land; payment.

    (a) The land applied for shall be appraised for fair market value at 
the time of appraisal. However, in determination of the price payable by 
the applicant, value resulting from development and occupation by the 
applicant or his predecessors in interest shall be deducted from the 
appraised price.
    (b) The applicant shall also be required to pay administrative 
costs, including:
    (1) The cost of making the survey,
    (2) The cost of appraisal, and
    (3) The cost of making the conveyance.
    (c) The applicant shall be required to make payment of the sale 
price and administrative costs within the time stated in the requests 
for payment or any extensions granted thereto by the authorized officer.



Sec. 2547.4  Publication and protests.

    (a) The applicant shall be required to publish a notice of the 
application once a week for five consecutive weeks in

[[Page 166]]

accordance with Sec. 1824.3 of this title, in a designated newspaper and 
in a designated form. All persons claiming the land adversely may file 
with the State Office of the Bureau of Land Management in which the 
lands are located, their objections to issuance of patent under the 
application. A protestant shall serve on the applicant a copy of the 
objections and furnish evidence of such service.
    (b) The applicant shall file at the appropriate BLM office a 
statement of the publisher, accompanied by a copy of the notice 
published, showing that the publication has been made for the required 
time.



Sec. 2547.5  Disposal considerations.

    (a) Disposal under this provision shall not be made until:
    (1) It has been determined by the authorized officer that such 
conveyance is in the public interest and will serve objectives which 
outweigh all public objectives and values which would be served by 
retaining such lands in Federal ownership.
    (2) The relevant State government, local government, and areawide 
planning agency designated under section 204 of the Demonstration Cities 
and Metropolitan Act of 1966 (80 Stat. 1255, 1262), and/or Title IV of 
the Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 1103-4) 
have notified the authorized officer as to the consistency of such 
conveyance with applicable State and local government land use plans and 
programs.
    (3) The plat of survey has been officially filed.



Sec. 2547.6  Lands not subject to disposal under this subpart.

    This subpart shall not apply to any lands within the National Forest 
System, defined in the Act of August 17, 1974 (16 U.S.C. 1601), the 
National Park System, the National Wildlife Refuge System, and the 
National Wild and Scenic Rivers System.



Sec. 2547.7  Coordination with State and local governments.

    At least 60 days prior to offering land for sale, the authorized 
officer shall notify the Governor of the State within which the lands 
are located and the head of the governing body of any political 
subdivision of the State having zoning or other land use regulatory 
jurisdiction in the geographical area within which the lands are located 
that the lands are being offered for sale. The authorized officer shall 
also promptly notify such public officials of the issuance of the patent 
for such lands.



PART 2560--ALASKA OCCUPANCY AND USE--Table of Contents




                     Subpart 2561--Native Allotments

Sec.
2561.0-2  Objectives.
2561.0-3  Authority.
2561.0-5  Definitions.
2561.0-8  Lands subject to allotment.
2561.1  Applications.
2561.2  Proof of use and occupancy.
2561.3  Effect of allotment.

               Subpart 2562--Trade and Manufacturing Sites

2562.0-3  Authority.
2562.1  Initiation of claim.
2562.2  Qualifications of applicant.
2562.3  Applications.
2562.4  Survey.
2562.5  Publication and posting.
2562.6  Form of entry.
2562.7  Patent.

                 Subpart 2563--Homesites or Headquarters

2563.0-2  Purpose.
2563.0-3  Authority.
2563.0-7  Cross references.
2563.1  Purchase of tracts not exceeding 5 acres, on showing as to 
          employment or business (Act of March 3, 1927).
2563.1-1  Application.
2563.1-2  Approval.
2563.2  Purchase of tracts not exceeding 5 acres, without showing as to 
          employment or business (Act of May 26, 1934).
2563.2-1  Procedures for initiating claim.

                     Subpart 2564--Native Townsites

2564.0-3  Authority.
2564.0-4  Responsibility.
2564.1  Application for restricted deed.
2564.2  No payment, publication or proof required on entry for native 
          towns.
2564.3  Native towns occupied partly by white occupants.
2564.4  Provisions to be inserted in restricted deeds.
2564.5  Sale of land for which restricted deed was issued.
2564.6  Application for unrestricted deed.

[[Page 167]]

2564.7  Determination of competency or noncompetency; issuance of 
          unrestricted deed.

                   Subpart 2565--Non-native Townsites

2565.0-3  Authority.
2565.0-7  Cross reference.
2565.1  General requirements.
2565.2  Application; fees; contests and protests.
2565.3  Subdivision.
2565.4  Deeds.
2565.5  Sale of the land.
2565.6  Rights-of-way.
2565.7  Final report of trustee; disposition of unexpended moneys and 
          unsold lots.
2565.8  Records to be kept by trustee.
2565.9  Disposition of records on completion of trust.

                 Subpart 2566--Alaska Railroad Townsites

2566.0-3  Authority.
2566.0-7  Cross references.
2566.1  General procedures.
2566.2  Public sale.

                Subpart 2567--Alaska Homestead Settlement

2567.0-3  Authority.
2567.0-7  Cross references.
2567.0-8  Lands subject to settlement and homestead entry.
2567.1  Application.
2567.2  Homestead settlement entry.
2567.3  Acreage.
2567.4  Qualifications of entryman.
2567.5  Residence, cultivation requirements.
2567.6  Surveys.
2567.7  Proof.
2567.8  Loans.

    Authority:  43 U.S.C. 1201, 1740.



                     Subpart 2561--Native Allotments

    Source:  35 FR 9597, June 13, 1970, unless otherwise noted.



Sec. 2561.0-2  Objectives.

    It is the program of the Secretary of the Interior to enable 
individual natives of Alaska to acquire title to the lands they use and 
occupy and to protect the lands from the encroachment of others.



Sec. 2561.0-3  Authority.

    The Act of May 17, 1906 (34 Stat. 197), as amended August 2, 1956 
(70 Stat. 954; 43 U.S.C. 270-1 to 270-3), authorizes the Secretary of 
the Interior to allot not to exceed 160 acres of vacant, unappropriated, 
and unreserved nonmineral land in Alaska or, subject to the provisions 
of the Act of March 8, 1922 (42 Stat. 415; 48 U.S.C. 376-377), of 
vacant, unappropriated, and unreserved public land in Alaska that may be 
valuable for coal, oil, or gas deposits, or, under certain conditions, 
of national forest lands in Alaska, to any Indian, Aleut or Eskimo of 
full or mixed blood who resides in and is a native of Alaska, and who is 
the head of a family, or is twenty-one years of age.



Sec. 2561.0-5  Definitions.

    As used in the regulations in this section.
    (a) The term substantially continuous use and occupancy contemplates 
the customary seasonality of use and occupancy by the applicant of any 
land used by him for his livelihood and well-being and that of his 
family. Such use and occupancy must be substantial actual possession and 
use of the land, at least potentially exclusive of others, and not 
merely intermittent use.
    (b) Allotment is an allocation to a Native of land of which he has 
made substantially continuous use and occupancy for a period of five 
years and which shall be deemed the homestead of the allottee and his 
heirs in perpetuity, and shall be inalienable and nontaxable except as 
otherwise provided by the Congress.
    (c) Allotment Act means the Act of May 17, 1906 (34 Stat. 197), as 
amended (48 U.S.C. 357, 357a, 357b).



Sec. 2561.0-8  Lands subject to allotment.

    (a) A Native may be granted a single allotment of not to exceed 160 
acres of land. All the lands in an allotment need not be contiguous but 
each separate tract of the allotment should be in reasonably compact 
form.
    (b) In areas where the rectangular survey pattern is appropriate, an 
allotment may be in terms of 40-acre legal subdivisions and survey lots 
on the basis that substantially continuous use and occupancy of a 
significant portion of such smallest legal subdivision shall normally 
entitle the applicant to the full subdivision, absent conflicting 
claims.
    (c) Allotments may be made in national forests if founded on 
occupancy

[[Page 168]]

of the land prior to the establishment of the particular forest or if an 
authorized officer of the Department of Agriculture certifies that the 
land in the application for allotment is chiefly valuable for 
agricultural or grazing purposes.
    (d) Lands in applications for allotment and allotments that may be 
valuable for coal, oil, or gas deposits are subject to the regulations 
of Sec. 2093.4 of this chapter.



Sec. 2561.1  Applications.

    (a) Applications for allotment properly and completely executed on a 
form approved by the Director, Bureau of Land Management, must be filed 
in the proper office which has jurisdiction over the lands.
    (b) Any application for allotment of lands which extend more than 
160 rods along the shore of any navigable waters shall be considered a 
request for waiver of the 160-rod limitation (see part 2094 of this 
chapter).
    (c) If surveyed, the land must be described in the application 
according to legal subdivisions and must conform to the plat of survey 
when possible. If unsurveyed, it must be described as accurately as 
possible by metes and bounds and tied to natural objects. On unsurveyed 
lands, the application should be accompanied by a map or approved 
protracted survey diagram showing approximately the lands included in 
the application.
    (d) An application for allotment shall be rejected unless the 
authorized officer of the Bureau of Indian Affairs certifies that the 
applicant is a native qualified to make application under the Allotment 
Act, that the applicant has occupied and posted the lands as stated in 
the application, and that the claim of the applicant does not infringe 
on other native claims or area of native community use.
    (e) The filing of an acceptable application for a Native allotment 
will segregate the lands. Thereafter, subsequent conflicting 
applications for such lands shall be rejected, except when the 
conflicting application is made for the conveyance of lands pursuant to 
any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
et seq.).
    (f) By the filing of an application for allotment the applicant 
acquires no rights except as provided in paragraph (e) of this section. 
If the applicant does not submit the required proof within six years of 
the filing of his application in the proper office, his application for 
allotment will terminate without affecting the rights he gained by 
virtue of his occupancy of the land or his right to make another 
application.
[35 FR 9597, June 13, 1970, as amended at 39 FR 34542, Sept. 26, 1974]



Sec. 2561.2  Proof of use and occupancy.

    (a) An allotment will not be made until the lands are surveyed by 
the Bureau of Land Management, and until the applicant or the authorized 
officer of the Bureau of Indian Affairs has made satisfactory proof of 
substantially continuous use and occupancy of the land for a period of 
five years by the applicant. Such proof shall be made on a form approved 
by the Director, Bureau of Land Management, and filed in the proper land 
office. If made by the applicant, it must be signed by him, but if he is 
unable to write his name, his mark or thumb print shall be impressed on 
the statement and witnessed by two persons. This proof may be submitted 
with the application for allotment if the applicant has then used and 
occupied the land for five years, or may be made at any time within six 
years after the filing of the application when the requirements have 
been met.
    (b)  [Reserved]



Sec. 2561.3  Effect of allotment.

    (a) Land allotted under the Act is the property of the allottee and 
his heirs in perpetuity, and is inalienable and nontaxable. However, a 
native of Alaska who received an allotment under the Act, or his heirs, 
may with the approval of the Secretary of the Interior or his authorized 
representative, convey the complete title to the allotted land by deed. 
The allotment shall thereafter be free of any restrictions against 
alienation and taxation unless the purchaser is a native of Alaska who 
the Secretary determines is unable to

[[Page 169]]

manage the land without the protection of the United States and the 
conveyance provides for a continuance of such restrictions.
    (b) Application by an allottee or his heirs for approval to convey 
title to land allotted under the Allotment Act shall be filed with the 
appropriate officer of the Bureau of Indian Affairs.



               Subpart 2562--Trade and Manufacturing Sites

    Authority:  R.S. 2478; 43 U.S.C. 1201.

    Source:  35 FR 9598, June 13, 1970, unless otherwise noted.



Sec. 2562.0-3  Authority.

    Section 10 of the Act of May 14, 1898 (30 Stat. 413, as amended 
August 23, 1958 (72 Stat. 730; 43 U.S.C. 687a), authorizes the sale at 
the rate of $2.50 per acre of not exceeding 80 acres of land in Alaska 
possessed and occupied in good faith as a trade and manufacturing site. 
The lands must be nonmineral in character, except that lands that may be 
valuable for coal, oil, or gas deposits are subject to disposition under 
the Act of March 8, 1922 (42 Stat. 415; 48 U.S.C. 376-377), as amended, 
and the regulations of Sec. 2093.4 of this chapter.



Sec. 2562.1  Initiation of claim.

    (a) Notice. Any qualified person, association, or corporation 
initiating a claim on or after April 29, 1950, under section 10 of the 
Act of May 14, 1898, by the occupation of vacant and unreserved public 
land in Alaska for the purposes of trade, manufacture, or other 
productive industry, must file notice of the claim for recordation in 
the proper office for the district in which the land is situated, within 
90 days after such initiation. Where on April 29, 1950, such a claim was 
held by a qualified person, association, or corporation, the claimant 
must file notice of the claim in the proper office, within 90 days from 
that date.
    (b) Form of notice. The notice must be filed on a form approved by 
the Director in triplicate if the land is unsurveyed, or in duplicate if 
surveyed, and shall contain:
    (1) The name and address of the claimant, (2) age and citizenship, 
(3) date of occupancy, and (4) the description of the land by legal 
subdivisions, section, township and range, if surveyed, or, if 
unsurveyed, by metes and bounds with reference to some natural object or 
permanent monument, giving, if desired, the approximate latitude and 
longitude. The notice must designate the kind of trade, manufacture, or 
other productive industry in connection with which the site is 
maintained or desired.
    (c) Failure to file notice. Unless a notice of the claim is filed 
within the time prescribed in paragraph (a) of this section no credit 
shall be given for occupancy of the site prior to filing of notice in 
the proper office, or application to purchase, whichever is earlier.
    (d) Recording fee. The notice of the claim must be accompanied by a 
remittance of $10.00, which will be earned and applied as a service 
charge for recording the notice, and will not be returnable, except in 
cases where the notice is not acceptable to the proper office for 
recording, because the land is not subject to the form of disposition 
specified in the notice.



Sec. 2562.2  Qualifications of applicant.

    An application must show that the applicant is a citizen of the 
United States and 21 years of age, and that he has not theretofore 
applied for land as a trade and manufacturing site. If such site has 
been applied for and the application not completed, the facts must be 
shown. If the application is made for an association of citizens or a 
corporation, the qualifications of each member of the organization must 
be shown. In the case of a corporation, proof of incorporation must be 
established by the certificate of the officer having custody of the 
records of incorporation at the place of its formation and it must be 
shown that the corporation is authorized to hold land in Alaska.



Sec. 2562.3  Applications.

    (a) Execution. Application for a trade and manufacturing site should 
be executed in duplicate and should be filed in the proper office. It 
need not be sworn to, but it must be signed by the applicant and must be 
corroborated by the statements of two persons.

[[Page 170]]

    (b) Fees. All applications must be accompanied by an application 
service fee of $10 which will not be returnable.
    (c) Time for filing. Application to purchase a claim, along with the 
required proof or showing, must be filed within 5 years after the filing 
of notice of the claim.
    (d) Contents. The application to enter must show:
    (1) That the land is actually used and occupied for the purpose of 
trade, manufacture or other productive industry when it was first so 
occupied, the character and value of the improvements thereon and the 
nature of the trade, business or productive industry conducted thereon 
and that it embraces the applicant's improvements and is needed in the 
prosecution of the enterprise. A site for a prospective business cannot 
be acquired under section 10 of the Act of May 14, 1898 (30 Stat. 413; 
43 U.S.C. 687a).
    (2) That no portion of the land is occupied or reserved for any 
purpose by the United States or occupied or claimed by natives of 
Alaska; that the land is unoccupied, unimproved, and unappropriated by 
any person claiming the same other than the applicant.
    (3) That the land does not abut more than 80 rods of navigable 
water.
    (4) That the land is not included within an area which is reserved 
because of springs thereon. All facts relative to medicinal or other 
springs must be stated, in accordance with Sec. 2311.2(a) of this 
chapter.
    (5) That no part of the land is valuable for mineral deposits other 
than coal, oil, or gas, and that at the date of location no part of the 
land was claimed under the mining laws.
    (e) Description of land. If the land be surveyed, it must be 
described in the application according to legal subdivisions of the 
public-land surveys. If it be unsurveyed, the application must describe 
it by approximate latitude and longitude and otherwise with as much 
certainty as possible without survey.



Sec. 2562.4  Survey.

    (a) If the land applied for be unsurveyed and no objection to its 
survey is known to the authorizing officer, he will furnish the 
applicant with a certificate stating the facts, and, after receiving 
such certificate, the applicant may make application to the State 
Director for the survey of the land. Upon receipt of an application, the 
State Director will, if conditions make such procedure practicable and 
no objection is shown by his records, furnish the applicant with an 
estimate of the cost of field and office work, and upon receipt of the 
deposit required will issue appropriate instructions for the survey of 
the claim, such survey to be made not later than the next surveying 
season. The sum so deposited by the applicant for survey will be deemed 
an appropriation thereof and will be held to be expended in the payment 
of the cost of the survey, including field and office work, and upon the 
acceptance of the survey any excess over the cost shall be repaid to the 
depositor or his legal representative.
    (b) In case it is decided that by reason of the inaccessibility of 
the locality embraced in an application for the survey, or by reason of 
other conditions, it will result to the advantage of the Government or 
claimant to have the survey executed by a deputy surveyor, the State 
Director will deliver an order to the applicant for such survey, which 
will be sufficient authority for any deputy surveyor to make a survey of 
the claim.
    (c) In the latter contingency the survey must be made at the expense 
of the applicant, and no right will be recognized as initiated by such 
application unless actual work on the survey is begun and carried to 
completion without unnecessary delay.



Sec. 2562.5  Publication and posting.

    The instructions given in subpart 1824 of this chapter, relative to 
publication and posting.



Sec. 2562.6  Form of entry.

    Claims initiated by occupancy after survey must conform thereto in 
occupation and application, but if the public surveys are extended over 
the lands after occupancy and prior to application, the claim may be 
presented in conformity with such surveys, or, at the election of the 
applicant, a special survey may be had.

[[Page 171]]



Sec. 2562.7  Patent.

    The application and proofs filed therewith will be carefully 
examined and, if all be found regular, the application will be allowed 
and patent issued upon payment for the land at the rate of $2.50 per 
acre, and in the absence of objections shown by his records.



                 Subpart 2563--Homesites or Headquarters

    Source:  35 FR 9599, June 13, 1970, unless otherwise noted.



Sec. 2563.0-2  Purpose.

    (a) Act of March 3, 1927. The purpose of this statute is to enable 
fishermen, trappers, traders, manufacturers, or others engaged in 
productive industry in Alaska to purchase small tracts of unreserved 
land in the State, not exceeding 5 acres, as homesteads or headquarters.
    (b)  [Reserved]



Sec. 2563.0-3  Authority.

    (a) The Act of March 3, 1927 (44 Stat. 1364; 43 U.S.C. 687a), as 
amended, authorizes the sale as a homestead or headquarters of not to 
exceed five acres of unreserved public lands in Alaska at the rate of 
$2.50 per acre, to any citizen of the United States 21 years of age 
employed by citizens of the United States, association of such citizens, 
or by corporations organized under the laws of the United States, or of 
any State or Territory, whose employer is engaged in trade, manufacture, 
or other productive industry in Alaska, and to any such person who is 
himself engaged in trade, manufacture or other productive industry in 
Alaska. The lands must be nonmineral in character except that lands that 
may be valuable for coal, oil, or gas deposits are subject to 
disposition under the provisions of the Act of March 8, 1922 (42 Stat. 
415, 43 U.S.C. 270-11, 270-12), as amended.
    (b) The Act of May 26, 1934 (48 Stat. 809; 43 U.S.C. 687a) amended 
section 10 of the Act of May 14, 1898 (30 Stat. 413), as amended by the 
Act of March 3, 1927 (44 Stat. 1364), so as to provide that any citizen, 
after occupying land of the character described in said section of a 
homestead or headquarters, in a habitable house not less than 5 months 
each year for 3 years, may purchase such tract, not exceeding 5 acres, 
in a reasonably compact form, without a showing as to his employment or 
business, upon the payment of $2.50 per acre, the minimum payment for 
any one tract to be $10.



Sec. 2563.0-7  Cross references.

    See the following parts in this subchapter: for Indian and Eskimo 
allotments, part 2530; for mining claims, subpart 3826; for school 
indemnity selections, subpart 2627; for shore space, subpart 2094 for 
trade and manufacturing sites, subpart 2562.



Sec. 2563.1  Purchase of tracts not exceeding 5 acres, on showing as to employment or business (Act of March 3, 1927).

    (a) Notice of initiation of claim. A notice of the initiation of a 
claim under the Act of March 3, 1927, must designate the kind of trade, 
manufacture, or other productive industry in connection with which the 
claim is maintained or desired, and identify its ownership. The 
procedure as to notices will be governed in other respects by the 
provisions of Sec. 2563.2-1(a) to (d).
    (b)  [Reserved]



Sec. 2563.1-1  Application.

    (a) Form and contents of applications. Applications under the Act of 
March 3, 1927, must be filed in duplicate in the proper office for the 
district in which the land is situated, and the claim must be in 
reasonably compact form. An application need not be under oath but must 
be signed by the applicant and corroborated by the statements of two 
persons and must show the following facts:
    (1) The age and citizenship of applicant.
    (2) The actual use and occupancy of the land for which application 
is made for a homestead or headquarters.
    (3) The date when the land was first occupied as a homestead or 
headquarters.
    (4) The nature of the trade, business, or productive industry in 
which applicant or his employer, whether a citizen, an association of 
citizens, or a corporation is engaged.

[[Page 172]]

    (5) The location of the tract applied for with respect to the place 
of business and other facts demonstrating its adaptability to the 
purpose of a homestead or headquarters.
    (6) That no portion of the tract applied for is occupied or reserved 
for any purpose by the United States, or occupied or claimed by any 
natives of Alaska, or occupied as a town site or missionary station or 
reserved from sale, and that the tract does not include improvements 
made by or in possession of another person, association, or corporation.
    (7) That the land is not included within an area which is reserved 
because of springs thereon. All facts as to medicinal or other springs 
must be stated, in accordance with Sec. 2311.2(a).
    (8) That no part of the land is valuable for mineral deposits other 
than coal, oil or gas, and that at the date of location no part of the 
land was claimed under the mining laws.
    (9) If the land desired for purchase is surveyed, the application 
must include a description of the tract by aliquot parts of legal 
subdivisions, not exceeding 5 acres. If the tract is situated in the 
fractional portion of a sectional lotting, the lot may be subdivided; 
where such subdivision, however, would result in narrow strips or other 
areas containing less than 2\1/2\ acres, not suitable for disposal as 
separate units, such adjoining excess areas, in the discretion of the 
authorized officer and with the consent of the applicant, may be 
included with the tract applied for, without subdividing and the 
application will be amended accordingly. Where a supplemental plat is 
required, to provide a proper description, it will be prepared at the 
time of approval of the application.
    (10) If the land is unsurveyed, the application must be accompanied 
by a petition for survey, describing the tract applied for with as much 
certainty as possible, without actual survey, not exceeding 5 acres, and 
giving the approximate latitude and longitude of one corner of the 
claim.
    (b) Filing fee. All applications must be accompanied by an 
application service fee of $10 which will not be returnable.
    (c) Time for filing application. Application to purchase a claim, 
along with the required proof or showing, must be filed within 5 years 
after the filing of notice of the claim.



Sec. 2563.1-2  Approval.

    Care will be taken in all cases before patent issues to see that the 
lands applied for are used for the purposes contemplated by the said Act 
of March 3, 1927, and that they are not used for any purpose 
inconsistent therewith.



Sec. 2563.2  Purchase of tracts not exceeding 5 acres, without showing as to employment or business (Act of May 26, 1934).



Sec. 2563.2-1  Procedures for initiating claim.

    (a) Who must file. Any qualified person initiating a claim under the 
Act of May 26, 1934, must file notice of the claim for recordation in 
the proper office for the district in which the land is situated, within 
90 days after such initiation.
    (b) Form of notice. The notice must be filed on a form approved by 
the Director in triplicate if the land is unsurveyed, or in duplicate if 
surveyed, and shall contain: (1) The name and address of the claimant, 
(2) age and citizenship, (3) date of settlement and occupancy, and (4) 
the description of the land by legal subdivisions, section, township and 
range, if surveyed, or, if unsurveyed, by metes and bounds with 
reference to some natural object or permanent monument, giving, if 
desired, the approximate latitude and longitude.
    (c) Failure to file notice. Unless a notice of the claim is filed 
within the time prescribed in paragraph (a) of this section no credit 
shall be given for occupancy of the site prior to filing of notice in 
the proper office, or application to purchase, whichever is earlier.
    (d) Recording fee. The notice of the claim must be accompanied by a 
remittance of $10.00, which will be applied as a service charge for 
recording the notice, and will not be returnable, except in cases where 
the notice is not acceptable to the proper office for recording because 
the land is not subject to the form of disposition specified in the 
notice.

[[Page 173]]

    (e) Form and contents of application. Applications under the Act of 
May 26, 1934, must be filed in duplicate, if for surveyed land, and in 
triplicate, if for unsurveyed land, in the proper office for the 
district within which the land is situated.

An application need not be under oath but must be signed by the 
applicant and corroborated by the statements of two persons and must 
show the following facts:
    (1) Full name, post office address and age of applicant.
    (2) Whether the applicant is a native-born or naturalized citizen of 
the United States, and if naturalized, evidence of such naturalization 
must be furnished.
    (3) A description of the habitable house on the land, the date when 
it was placed on the land, and the dates each year from which and to 
which the applicant has resided in such house.
    (4) That no portion of the tract applied for is occupied or reserved 
for any purpose by the United States, or occupied or claimed by any 
native of Alaska, or occupied as a townsite, or missionary station, or 
reserved from sale, and that the tract does not include improvements 
made by or in the possession of any other person, association, or 
corporation.
    (5) That the land is not included within an area which is reserved 
because of hot, medicinal or other springs, as explained in 
Sec. 2311.2(a) of this chapter. If there be any such springs upon or 
adjacent to the land, on account of which the land is reserved, the 
facts relative thereto must be set forth in full.
    (6) That no part of the land is valuable for mineral deposits other 
than coal, oil or gas, and that at the date of location no part of the 
land was claimed under the mining laws.
    (7) That the applicant has not theretofore applied for land under 
said act, or if he has previously purchased a tract he should make a 
full showing as to the former purchase and the necessity for the second 
application.
    (8) An application for surveyed land must describe the land by 
aliquot parts of legal subdivisions, not exceeding 5 acres. If the tract 
is situated in the fractional portion of a sectional lotting, the lot 
may be subdivided; where such subdivision, however, would result in 
narrow strips or other areas containing less than 2\1/2\ acres, not 
suitable for disposal as separate units, such adjoining excess areas, in 
the discretion of the authorized officer and with the consent of the 
applicant, may be included with the tract applied for, without 
subdividing, and the application will be amended accordingly. Where a 
supplemental plat is required to provide a proper description, it will 
be prepared at the time of approval of the application.
    (9) All applications for unsurveyed land must be accompanied by a 
petition for survey, describing the land applied for with as much 
certainty as possible, without actual survey, not exceeding 5 acres, and 
giving the approximate latitude and longitude of one corner of the 
claim.
    (f) Filing fee. All applications must be accompanied by an 
application service fee of $10 which will not be returnable.

(Sec. 10, 30 Stat. 413, as amended; 48 U.S.C. 461)



                     Subpart 2564--Native Townsites

    Source:  35 FR 9601, June 13, 1970, unless otherwise noted.



Sec. 2564.0-3  Authority.

    The Act of May 25, 1926, (44 Stat. 629; 43 U.S.C. 733-736) provides 
for the townsite survey and disposition of public lands set apart or 
reserved for the benefit of Indian or Eskimo occupants in trustee 
townsites in Alaska and for the survey and disposal of the lands 
occupied as native towns or villages. The Act of February 26, 1948 (62 
Stat. 35; 43 U.S.C. 737), provides for the issuance of an unrestricted 
deed to any competent native for a tract of land claimed and occupied by 
him within any such trustee townsite.



Sec. 2564.0-4  Responsibility.

    (a) Administration of Indian possessions in trustee towns. As to 
Indian possessions in trustee townsites in Alaska established under 
authority of section 11 of the Act of March 3, 1891 (26 Stat. 1009; 43 
U.S.C. 732), and for which the

[[Page 174]]

townsite trustee has closed his accounts and been discharged as trustee, 
and as to such possessions in other trustee townsites in Alaska, such 
person as may be designated by the Secretary of the Interior will 
perform all necessary acts and administer the necessary trusts in 
connection with the Act of May 25, 1926.
    (b) Administration of native towns. The trustee for any and all 
native towns in Alaska which may be established and surveyed under 
authority of section 3 of the said Act of May 25, 1926 (44 Stat. 630; 43 
U.S.C. 735), will take such action as may be necessary to accomplish the 
objects sought to be accomplished by that section.



Sec. 2564.1  Application for restricted deed.

    A native Indian or Eskimo of Alaska who occupies and claims a tract 
of land in a trustee townsite and who desires to obtain a restricted 
deed for such tract should file application therefor on a form approved 
by the Director, with the townsite trustee.



Sec. 2564.2  No payment, publication or proof required on entry for native towns.

    In connection with the entry of lands as a native town or village 
under section 3 of the said Act of May 25, 1926, no payment need be made 
as purchase money or as fees, and the publication and proof which are 
ordinarily required in connection with trustee townsites will not be 
required.



Sec. 2564.3  Native towns occupied partly by white occupants.

    Native towns which are occupied partly by white lot occupants will 
be surveyed and disposed of under the provisions of both the Act of 
March 3, 1891 (26 Stat. 1095, 1099), and the Act of May 25, 1926 (44 
Stat. 629).



Sec. 2564.4  Provisions to be inserted in restricted deeds.

    The townsite trustee will note a proper reference to the Act of May 
25, 1926, on each deed which is issued under authority of that act and 
each such deed shall provide that the title conveyed is inalienable 
except upon approval of the Secretary of the Interior or his authorized 
representative, and that the issuance of the restricted deed does not 
subject the tract to taxation, to levy and sale in satisfaction of the 
debts, contracts or liabilities of the transferee, or to any claims of 
adverse occupancy or law of prescription; also, if the established 
streets and alleys of the townsite have been extended upon and across 
the tract, that there is reserved to the townsite the area covered by 
such streets and alleys as extended. The deed shall further provide that 
the approval by the Secretary of the Interior or his authorized 
representative of a sale by the Indian or Eskimo transferee shall vest 
in the purchaser a complete and unrestricted title from the date of such 
approval.



Sec. 2564.5  Sale of land for which restricted deed was issued.

    When a native possessing a restricted deed for land in a trustee 
townsite issued under authority of the Act of May 25, 1926 (44 Stat. 
629; 43 U.S.C. 733-736), desires to sell the land, he should execute a 
deed on a form approved by the Director, prepared for the approval of 
the Secretary of the Interior, or his authorized representative, and 
send it to the townsite trustee in Alaska. The townsite trustee will 
forward the deed to the Area Director of the Bureau of Indian Affairs 
who will determine whether it should be approved. Where the deed is 
approved it shall be returned by the Area Director, Bureau of Indian 
Affairs, through the townsite trustee to the vendor. In the event the 
Area Director determines that the deed shall not be approved, he shall 
so inform the native possessing the restricted deed, who shall have a 
right of appeal from such finding or decision to the Commissioner of 
Indian Affairs within sixty days from the date of notification of such 
finding or decision. The appeal shall be filed with the Area Director. 
Should the Commissioner uphold the decision of the Area Director, he 
shall notify the applicant of such action, informing him of his right of 
appeal to the Secretary of the Interior.



Sec. 2564.6  Application for unrestricted deed.

    Any Alaska native who claims and occupies a tract of land in a 
trustee

[[Page 175]]

townsite and is the owner of land under a restricted deed issued under 
the Act of May 25, 1926 (44 Stat. 629; 43 U.S.C. 732-737) may file an 
application for an unrestricted deed pursuant to the Act of February 26, 
1948 (62 Stat. 35; 43 U.S.C. 732-737), with the townsite trustee. The 
application must be in writing and must contain a description of the 
land claimed and information regarding the competency of the applicant. 
It must also contain evidence substantiating the claim and occupancy of 
the applicant, except when the applicant has been issued a restricted 
deed for the land. A duplicate copy of the application must be submitted 
by the applicant to the Area Director of the Bureau of Indian Affairs.



Sec. 2564.7  Determination of competency or noncompetency; issuance of unrestricted deed.

    (a) Upon a determination by the Bureau of Indian Affairs that the 
applicant is competent to manage his own affairs, and in the absence of 
any conflict or other valid objection, the townsite trustee will issue 
an unrestricted deed to the applicant. Thereafter all restrictions as to 
sale, encumbrance, or taxation of the land applied for shall be removed, 
but the said land shall not be liable to the satisfaction of any debt, 
except obligations owed to the Federal Government, contracted prior to 
the issuance of such deed. Any adverse action under this section by the 
townsite trustee shall be subject to appeal to the Board of Land 
Appeals, Office of the Secretary, in accordance with part 4 of 43 CFR 
Subtitle A.
    (b) In the event the Area Director determines that the applicant is 
not competent to manage his own affairs, he shall so inform the 
applicant, and such applicant shall have a right of appeal from such 
finding or decision to the Commissioner of Indian Affairs, within 60 
days from the date of notification of such finding or decision. The 
appeal shall be filed with the Area Director. Should the Commissioner 
uphold the decision of the Area Director, he shall notify the applicant 
of such action, informing him of his right of appeal to the Secretary of 
the Interior.
    (c) Except as provided in this section, the townsite trustee shall 
not issue other than restricted deeds to Indian or other Alaska natives.


(43 U.S.C. 733-735, 737)
[35 FR 9601, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]



                   Subpart 2565--Non-native Townsites

    Source:  35 FR 9601, June 13, 1970, unless otherwise noted.



Sec. 2565.0-3  Authority.

    The entry of public lands in Alaska for townsite purposes, by such 
trustee or trustees as may be named by the Secretary of the Interior for 
that purpose, is authorized by section 11 of the Act of March 3, 1891 
(sec. 11, 26 Stat. 1099; 43 U.S.C. 732).



Sec. 2565.0-7  Cross reference.

    Townsites in Alaska may be reserved by the President and sold as 
provided for in sections 2380 and 2381 of the Revised Statutes; 43 
U.S.C. 711, 712. The regulations governing these townsites are contained 
in Secs. 2760.0-3 and 2761.3.



Sec. 2565.1  General requirements.

    (a) Survey of exterior lines; exclusions from townsite survey. If 
the land is unsurveyed the occupants must by application to the State 
Director, obtain a survey of the exterior lines of the townsite which 
will be made at Government expense. There must be excluded from the 
tract to be surveyed and entered for the townsite any lands set aside by 
the district court under section 31 of the Act of June 6, 1900 (31 Stat. 
332; 48 U.S.C. 40), for use as jail and courthouse sites, also all lands 
needed for Government purposes or use, together with any existing valid 
claim initiated under Russian rule.
    (b) Petition for trustee and for survey of lands into lots, blocks, 
etc. When the survey of the exterior lines has been approved, or if the 
townsite is on surveyed land, a petition, signed by a majority of 
occupants of the land, will be filed in the proper office requesting the 
appointment of trustee and the survey of the townsite into lots, blocks, 
and municipal reservations for public use,

[[Page 176]]

the expense thereof to be paid from assessments upon the lots, as 
provided in Sec. 2565.3(b) of this part.
    (c) Designation of trustee; payment required: area enterable. If the 
petition be found sufficient, the Secretary of the Interior will 
designate a trustee to make entry of the townsite, payment for which 
must be made at the rate of $1.25 per acre. If there are less than 100 
inhabitants the area of the townsite is limited to 160 acres; if 100 and 
less than 200, to 320 acres; if more than 200, to 640 acres, this being 
the maximum area allowed by the statute.



Sec. 2565.2  Application; fees; contests and protests.

    (a) Filing of application; publication and posting; submission of 
proof. The trustee will file his application and notice of intention to 
make proof, and thereupon the authorizing officer will issue the usual 
notice of making proof, to be posted and published at the trustee's 
expense, for the time and in the manner as in other cases provided, and 
proof must be made showing occupancy of the tract, number of inhabitants 
thereon, character of the land, extent, value, and character of 
improvements, and that the townsite does not contain any land occupied 
by the United States for school or other purposes or land occupied under 
any existing valid claim initiated under Russian rule.
    (b) Application service fee. The trustee's application shall be 
accompanied by $10 application service fee which shall not be 
returnable.
    (c) Expense money to be advanced by lot occupants. The occupants 
will advance a sufficient amount of money to pay for the land and the 
expenses incident to the entry to be refunded to them when realized from 
lot assessments.
    (d) Contests and protests. Applications for entry will be subject to 
contest or protest as in other cases.



Sec. 2565.3  Subdivision.

    (a) Subdivision of land and payment therefore. After the entry is 
made, the townsite will be subdivided by the United States into blocks, 
lots, streets, alleys, and municipal public reservations. The expense of 
such survey will be paid from the appropriation for surveys in Alaska 
reimbursable from the lot assessments collected.
    (b) Lot assessments. The trustee will assess against each lot, 
according to area, its share of the cost of the subdivisional survey. 
The trustee will make a valuation of each occupied or improved lot in 
the townsite and assess upon such lots, according to their value, such 
rate and sum in addition to the cost of their share of the survey as 
will be necessary to pay all other expenses incident to the execution of 
his trust which have accrued up to the time of such levy. More than one 
assessment may be made if necessary to effect the purpose of the Act of 
March 3, 1891, and this section.
    (c) Award and disposition of lots after subdivisional survey. On the 
acceptance of the plat by the Bureau of Land Management, the trustee 
will publish a notice that he will, at the end of 30 days from the date 
thereof, proceed to award the lots applied for, and that all lots for 
which no applications are filed within 120 days from the date of said 
notice will be subject to disposition to the highest bidder at public 
sale. Only those who were occupants of lots or entitled to such 
occupancy at the date of the approval of final subdivisional townsite 
survey or their assigns thereafter, are entitled to the allotments 
herein provided. Minority and coverture are not disabilities.



Sec. 2565.4  Deeds.

    (a) Applications for deeds. Claimants should file their applications 
for deeds, setting forth the grounds of their claims for each lot 
applied for, which should be corroborated by two witnesses.
    (b) Issuance of deeds; procedure on conflicting applications. (1) 
Upon receipt of the patent and payment of the assessments the trustee 
will issue deeds for the lots. The deeds will be acknowledged before an 
officer duly authorized to take acknowledgements of deeds at the cost of 
the grantee. In case of conflicting applications for lots, the trustee, 
if he considers it necessary, may order a hearing to be conducted in 
accordance with the part 1850 of this chapter.
    (2) No deed will be issued for any lot involved in a contest until 
the case has

[[Page 177]]

been finally closed. Appeals from any decision of the trustee or from 
decisions of the Bureau of Land Management may be taken in the manner 
provided by part 1840 of this chapter.



Sec. 2565.5  Sale of the land.

    (a) Public sale of unclaimed lots. After deeds have been issued to 
the parties entitled thereto the trustee will publish or post notice 
that he will sell, at a designated place in the town and at a time 
named, to be not less than 30 days from date, at public outcry, for 
cash, to the highest bidder, all lots and tracts remaining unoccupied 
and unclaimed at the date of the approval of final subdivisional 
townsite survey, and all lots and tracts claimed and awarded on which 
the assessments have not been paid at the date of such sale. The notice 
shall contain a description of the lots and tracts to be sold, made in 
two separate lists, one containing the lots and tracts unclaimed at the 
date of the approval of final subdivisional townsite survey and the 
other the lots and tracts claimed and awarded on which the assessments 
have not been paid. Should any delinquent allottee, prior to the sale of 
the lot claimed by him, pay the assessments thereon, together with the 
pro rata cost of the publication and the cost of acknowledging deed, a 
deed will be issued to him for such lot, and the lot will not be offered 
at public sale. Where notice by publication is deemed advisable the 
notice will be published once a week for 5 consecutive weeks in 
accordance with Sec. 1824.3 of this chapter prior to the date of sale, 
and in any event copies of such notice shall be posted in three 
conspicuous places within the townsite. Each lot must be sold at a fair 
price, to be determined by the trustee, and he is authorized to reject 
any and all bids. Lots remaining unsold at the close of the public sale 
in an unincorporated town may again be offered at a fair price if a 
sufficient demand appears therefor.
    (b) Sales to Federal, State and local governmental agencies. (1) Any 
lot or tract in the townsite which is subject to sale to the highest 
bidder by the trustee pursuant to this section may in lieu of 
disposition at public sale be sold by the trustee at a fair value to be 
fixed by him to any Federal or State agency or instrumentality or to any 
local governmental agency or instrumentality of the State for use for 
public purposes.
    (2) All conveyances under this section shall be subject to such 
conditions, limitations, or stipulations as the trustee shall determine 
are necessary or appropriate in the circumstances, including, where he 
deems proper, a provision for reversion of title to the trustee or his 
successor in interest. Any such provision for reversion of title, 
however, shall by its terms cease to be in effect 25 years after the 
conveyance.
    (3) Conveyances under this section for lands within any incorporated 
city, town, village, or municipality may be made only after the proposed 
conveyance has received the approval of the city, town, or village 
council, or of the local official designated by such council. Such 
conveyances for lands within any unincorporated city, town, village or 
municipality may be made only after notice of the proposed conveyance, 
together with the opportunity to be heard, has been given by the 
proposed grantee to the residents or occupants thereof in accordance 
with the requirements for such notice in the case of the public sale of 
unclaimed lots in a trustee townsite. Any decision of the trustee which 
is adverse to a protest will be subject to the right of appeal under 
part 1840 of this chapter. Upon filing of an appeal pursuant to that 
part, action by the trustee on the conveyance will be suspended pending 
final decision on the appeal.



Sec. 2565.6  Rights-of-way.

    (a) Notwithstanding any other provisions of this part, the trustee 
is authorized to grant rights-of-way for public purposes across any 
unentered lands within the townsite. This authority is expressly limited 
to grants of rights-of-way to cities, towns, villages, and 
municipalities, and to school, utility, and other types of improvement 
districts, and to persons, associations, companies, and corporations 
engaged in furnishing utility services to the general public, and to the 
United States, any Federal or State agency or instrumentality for use 
for public purposes.

[[Page 178]]

    (b) The trustee may in his discretion fix a reasonable charge for 
any grant under this authority to private persons, associations, 
companies and corporations, and to Federal and State agencies and 
instrumentalities, which charge shall be a lump sum. All grants shall be 
subject to such conditions, limitations, or stipulations as the trustee 
shall determine are necessary or appropriate in the circumstances. No 
grants of rights-of-way under this authority shall be made across or 
upon lands on which prior rights of occupancy or entry have vested under 
the law.
    (c) Grants of rights-of-way under this section to Federal and State 
agencies and instrumentalities to private persons, associations, 
companies, or corporations affecting lands within any incorporated city, 
town, village, or municipality, may be made only after the proposed 
grant has received the approval of the city, town, or village council, 
or, where applicable, the municipal board or commission having authority 
under state law to approve rights-of-way for local public utility 
purposes. Grants of such rights-of-way to Federal and State agencies and 
instrumentalities and to private persons, associations, companies, or 
corporations within unincorporated cities, towns, villages, or 
municipalities may be made only after notice of the proposed grant, 
together with the opportunity to be heard, has been given by the 
proposed grantee to the residents or occupants thereof in accordance 
with the requirements for such notice in the case of the public sale of 
unclaimed lots in a trustee townsite. Any decision by the trustee which 
is adverse to a protest will be subject to the right of appeal under 
part 1840 of this chapter. Upon the filing of an appeal, action by the 
trustee on the application for right-of-way will be suspended pending 
final decision on the appeal.



Sec. 2565.7  Final report of trustee; disposition of unexpended moneys and unsold lots.

    After the disposal of a sufficient number of lots to pay all 
expenses incident to the execution of the trust, including the cost of 
the subdivisional survey, the trustee will make and transmit to the 
Bureau of Land Management his final report of his trusteeship, showing 
all amounts received and paid out and the balance remaining on hand 
derived from assessments upon the lots and from the public sale. The 
proceeds derived from such sources, after deducting all expenses, may be 
used by the trustee on direction of the Secretary of the Interior, where 
the town is unincorporated, in making public improvements, or, if the 
town is incorporated such remaining proceeds may be turned over to the 
municipality for the use and benefit thereof. After the public sale and 
upon proof of the incorporation of the town, all lots then remaining 
unsold will be deeded to the municipality, and all municipal public 
reserves will, by a separate deed, be conveyed to the municipality in 
trust for the public purposes for which they were reserved.



Sec. 2565.8  Records to be kept by trustee.

    The trustee shall keep a tract book of the lots and blocks, a record 
of the deeds issued, a contest docket, and a book of receipts and 
disbursements.



Sec. 2565.9  Disposition of records on completion of trust.

    The trustee's duties having been completed, the books of accounts of 
all his receipts and expenditures, together with a record of his 
proceedings as provided in Sec. 2565.8 of this part with all papers, 
other books, and everything pertaining to such townsite in his 
possession and all evidence of his official acts shall be transmitted to 
the Bureau of Land Management to become a part of the records thereof, 
excepting from such papers, however, in case the town is incorporated, 
the subdivisional plat of the townsite, which he will deliver to the 
municipal authorities of the town, together with a copy of the townsite 
tract book or books, taking a receipt therefore to be transmitted to the 
Bureau of Land Management.

(Sec. 11, 26 Stat. 1099; 48 U.S.C. 355)

[[Page 179]]



                 Subpart 2566--Alaska Railroad Townsites

    Source:  35 FR 9603, June 13, 1970, unless otherwise noted.



Sec. 2566.0-3  Authority.

    It is hereby ordered that the administration of that portion of the 
Act of March 12, 1914 (38 Stat. 305; 43 U.S.C. 975, 975a-975g) relating 
to the withdrawal, location and disposition of townsites shall be in 
accordance with the following regulations and provisions.
    (a) Orders revoked. All Executive orders heretofore issued for the 
disposition of townsites along the Government railroads in Alaska are 
hereby revoked so far as they conflict with Secs. 2566.1 and 2566.2. 
This order is intended to take the place of all other orders making 
provisions for the sale and disposal of lots in said townsites along 
Government railroads in Alaska under the provisions of said Act.
    (b) Amendments--(1) Executive Orders 3529 and 5136. Sections 2566.1 
and 2566.2 are amended by E.O. 3529, Aug. 9, 1921 and E.O. 5136, June 
12, 1929.
    (2) The designation of the Alaskan Engineering Commission has been 
changed to The Alaska Railroad. All matters which formerly were under 
the control of the chairman of said commission now are under the 
supervision of the general manager of the said railroad. The functions 
formerly exercised by the Commissioner of the General Land Office have 
been transferred to the Director, Bureau of Land Management.
    (3) Due to the change in organization, plats of Alaska Railroad 
townsites are not approved by an official of the Alaska Railroad.
    (4) The State Director in Alaska has been designated as 
Superintendent of Sales of Alaska Railroad townsites.
    (c) Executive Order 5136. (1) It is ordered that Executive Order 
3489, issued June 10, 1921, containing the Alaska Railroad Townsite 
Regulations, is hereby amended to authorize the Secretary of the 
Interior to reappraise and sell the unimproved lots in Nenana Townsite, 
Alaska, belonging to the United States, and to readjust the assessments 
levied against them for the improvement of streets, sidewalks, and 
alleys, and for the promotion of sanitation and fire protection by the 
Alaska Railroad prior to August 31, 1921.
    (2) As to the lots within said townsite which have been forfeited 
for failure to pay such assessments, upon which valuable improvements 
have been placed, the provisions of said order regarding the collection 
of the unpaid assessments remain effective.
    (3) This order shall continue in full force and effect unless and 
until revoked by the President or by Act of Congress.


(Sec. 24, 26 Stat. 1103; as amended, sec. 1, 36 Stat. 347; sec. 1, 38 
Stat. 305; sec. 11, 39 Stat. 865; 16 U.S.C. 471, 43 U.S.C. 141, 43 
U.S.C. 975f, 43 U.S.C. 301)



Sec. 2566.0-7  Cross references.

    (a) Sales of railroad townsites in Alaska, provided for by Executive 
Order 3489 of June 10, 1921, Secs. 2566.1(a) to (f) and 2566.0-3(a), 
will be made by the authorized officer in Alaska, as superintendent of 
sales of railroad townsites in accordance with townsite regulations 
contained in Secs. 2760.0-3 to 2761.2(e) so far as those regulations are 
applicable.
    (b) For surveys, Alaska, see part 9180 of this chapter. For 
townsites, Alaska, see Sec. 2565.0-7.



Sec. 2566.1  General procedures.

    (a) Reservations. The Alaska Railroad will file with the Secretary 
of the Interior, when deemed necessary, its recommendations for the 
reservation of such areas as in its opinion may be needed for townsite 
purposes. The Secretary of the Interior will thereupon transmit such 
recommendations to the President with his objections thereto or 
concurrence therewith. If approved by the President, the reservation 
will be made by Executive order.
    (b) Survey. When in the opinion of the Secretary of the Interior the 
public interests require a survey of any such reservation, he shall 
cause to be set aside such portions thereof for railroad purposes as may 
be selected by the Alaska Railroad, and cause the remainder, or any part 
thereof, to be surveyed into urban or suburban blocks and lots of 
suitable size, and into reservations

[[Page 180]]

for parks, schools, and other public purposes and for Government use. 
Highways should be laid out, where practicable, along all shore lines, 
and sufficient land for docks and wharf purposes along such shore lines 
should be reserved in such places as there is any apparent necessity 
therefor. The survey will be made under the supervision of the Bureau of 
Land Management.
    (c) Preference right. Any person residing in a reserved townsite at 
the time of the subdivisional survey thereof in the field and owning and 
having valuable and permanent improvements thereon, may, in the 
discretion of the Secretary of the Interior, be granted a preference 
right of entry, of not exceeding two lots on which he may have such 
improvements by paying the appraised price fixed by the superintendent 
of sale, under such regulations as the Secretary of the Interior may 
prescribe. Preference right proof and entry, when granted, must be made 
prior to the date of the public sale.



Sec. 2566.2  Public sale.

    (a) Generally. The unreserved and unsold lots will be offered at 
public sale to the highest bidder at such time and place, and after such 
publication of notice, if any, as the Secretary of the Interior may 
direct.
    (b) Superintendent's authority. Under the supervision of the 
Secretary of the Interior the superintendent of the sale will be, and he 
is hereby, authorized to make all appraisements of lots and at any time 
to reappraise any lot which in his judgment is not appraised at the 
proper amount, or to fix a minimum price for any lot below which it may 
not be sold, and he may adjourn, or postpone the sale of any lots to 
such time and place as he may deem proper.
    (c) Manner and terms of public sale. (1) The Secretary of the 
Interior shall by regulations prescribe the manner of conducting the 
public sale, the terms thereof and forms therefor and he may prescribe 
what failures in payment will subject the bidder or purchaser to a 
forfeiture of his bid or right to the lot claimed and money paid 
thereon. The superintendent of sale will at the completion of the public 
sale deposit with the receiver of the proper local land office the money 
received and file with its officers the papers deposited with him by 
said bidder, together with his certificate as to successful bidder.
    (2) If it be deemed advisable, the Director, Bureau of Land 
Management may direct the receiver of public moneys of the proper 
district to attend sales herein provided for in which event the cash 
payment required shall be paid to the said receiver.



                Subpart 2567--Alaska Homestead Settlement

    Source:  35 FR 9604, June 13, 1970, unless otherwise noted.



Sec. 2567.0-3  Authority.

    The homestead laws were extended to Alaska by the Act of May 14, 
1898 (30 Stat. 409; 43 U.S.C. 270), which was amended by the Acts of 
March 3, 1903 (32 Stat. 1028; 43 U.S.C. 270), July 8, 1916 (39 Stat. 
352; 43 U.S.C. 270-8 to 270-10, 270-14), June 28, 1918 (40 Stat. 632; 43 
U.S.C. 270-8 to 270-10, 270-14), April 13, 1926 (44 Stat. 243; 43 U.S.C. 
270-15--270-17), and July 11, 1956 (70 Stat. 528; 43 U.S.C. 270-7 and 
270-10).



Sec. 2567.0-7  Cross references.

    For Indian and Eskimo allotments, subpart 2561, for school indemnity 
selections subpart 2627; for shore space, subpart 2094; for soldier's 
additional rights, subpart 2616; for trade and manufacturing sites, 
subpart 2562.



Sec. 2567.0-8  Lands subject to settlement and homestead entry.

    All unappropriated public lands in Alaska adaptable to any 
agricultural use are subject to homestead settlement, and, when 
surveyed, to homestead entry, if they are not mineral or saline in 
character, are not occupied for the purpose of trade or business and 
have not been embraced within the limits of any withdrawal, reservation 
or incorporated town or city.



Sec. 2567.1  Application.

    (a) Form. Application to make homestead entry for lands in Alaska 
should be presented on a form approved by the Director, the form 
prescribed for homestead entries under section 2289, Revised Statutes 
(43 U.S.C. 161, 171).

[[Page 181]]

    (b) Showing to accompany application. Each application on the 
prescribed form should be accompanied by a corroborated statement 
showing:
    (1) That the land applied for does not extend more than 160 rods 
along the shore of any navigable water or that the restriction as to 
length of claim has been waived or should be waived. (See Sec. 2094.2 of 
this subchapter.)
    (2) That the land is not within an area which is reserved because of 
springs thereon. All facts relative to medicinal or other springs must 
be stated, as set forth in Sec. 2311.2(a) of this chapter.
    (c) Contents. (1) A homestead application must describe the lands 
desired, if surveyed, according to legal subdivisions as shown by the 
plat of survey, and, excepting that it must thus conform and that the 
lands must be contiguous, there is no restriction as to the shape of the 
tract which may be entered. Where a settlement was made and a location 
notice posted and filed for record before the extension of the surveys, 
the application should make reference thereto; it should be stated also 
to what extent the land applied for is different from that covered by 
the notice; and the settler may not abandon all of the subdivisions 
covered by the location unless a showing is made which would justify 
amendment of his claim.
    (2) A homestead application must describe the lands desired, if 
unsurveyed, by metes and bounds with relation to some natural or 
permanent monuments, and give the approximate latitude and longitude and 
otherwise with as much certainty as possible without actual survey. 
Reference should be made to the serial number of the notice of 
settlement previously filed. If there has been any material deviation 
made in the description of the land claimed, a full explanation must be 
given of the reason for such deviation. A homestead application for 
unsurveyed lands must be accompanied by the settler's final or 
commutation homestead proof.
    (d) Service charges. (1) When a homesteader applies to make entry he 
must pay an application nonrefundable service charge of $25. In 
addition, he must pay with his final proof, a nonrefundable service 
charge of $25. A successful contestant for the lands, pursuant to the 
Act of May 14, 1880 (21 Stat. 143; 43 U.S.C. 185), as amended, must pay, 
as a nonrefundable cancellation service charge, an additional $10. On 
all final proofs made before the authorizing officer, the claimant must 
pay to the authorizing officer the costs of reducing the testimony to 
writing, as determined by the authorizing officer. No proof shall be 
accepted or approved until all charges have been paid.
    (2) Remittances other than cash or currency are to be made payable 
to the Bureau of Land Management. Checks or drafts are accepted subject 
to collection and final payment without cost to the government.



Sec. 2567.2  Homestead settlement entry.

    (a) Form of settlement on unsurveyed land. A settlement claim on 
unsurveyed land must be rectangular in form, not more than 1 mile in 
length, located by lines running north and south, according to the true 
meridian, the four corners being marked by permanent monuments, unless a 
departure from such restrictions is authorized by the Act of April 13, 
1926 (44 Stat. 243; 43 U.S.C. 270-15 to 270-17). The said act permits a 
departure from the restrictions mentioned where by reason of local or 
topographic conditions it is not feasible or economical to include in 
rectangular form with cardinal boundaries the lands desired. Under the 
conditions recited in the law as justifying such departure, it will be 
sufficient that the claims shall be compact and approximately 
rectangular in form and where a departure from cardinal courses in the 
direction of boundary lines is necessary in order to include the lands 
desired there will be no restriction as to the amount of such departure. 
The modification of former practice in the matter of form and direction 
of boundaries is not to be construed, however, as authorizing the lines 
of the claims to be unduly extended in any such manner as will be 
productive of long narrow strips of land departing materially from the 
compactness of the tract as a whole.
    (b) Notice of settlement. (1) A person making settlement on or after 
April 29, 1950 on unsurveyed land, in order to protect his rights, must 
file a notice of

[[Page 182]]

the settlement for recordation in the proper office for the district in 
which the land is situated, and post a copy thereof on the land, within 
90 days after the settlement. Where settlement is made on surveyed 
lands, the settler, in order to protect his rights, must file a notice 
of the settlement for recordation, or application to make homestead 
entry, in the proper office for the district in which the land is 
located within 90 days after settlement.
    (2) The notice must be filed on a form approved by the Director, in 
triplicate if the land is unsurveyed, or in duplicate if surveyed and 
shall contain: (i) The name and address of the settler, (ii) age and 
citizenship; (iii) date of settlement, and (iv) the description of the 
land by legal subdivisions, section, township and range, if surveyed, 
or, if unsurveyed, by metes and bounds with reference to some natural 
object or permanent monument, giving, if desired, the approximate 
latitude and longitude.
    (3) Unless a notice of the claim is filed within the time prescribed 
in paragraphs (b)(1) and (2) of this section, no credit shall be given 
for residence and cultivation had prior to the filing of notice or 
application to make entry, whichever is earliest.
    (c) Recordation fee. The notice of settlement claim must be 
accompanied by a remittance of $10.00 which will be applied as a service 
charge for recording the notice and will not be returnable, except in 
cases where the notice is not acceptable to the proper office for 
recording because the land is not subject to homestead settlement.
    (d) Marking corners of claim on unsurveyed lands; rights acquired by 
settlement on surveyed lands. (1) A settler on unsurveyed land is 
required to mark the claim by permanent monuments at each corner, in 
order to establish the boundaries thereof.
    (2) Settlement on any part of a surveyed quarter-section subject to 
homestead entry gives the right to enter all of the quarter section; but 
if a settler desires to initiate a claim to surveyed tracts which form 
part of more than one technical quarter-section, he should define the 
claim by placing some improvements on each of the smallest subdivisions 
claimed.
    (e) Law under which homestead must be perfected. All homestead 
claims in Alaska must be perfected under and in accordance with the 
provisions of the 3-year homestead law of June 6, 1912 (37 Stat. 123; 43 
U.S.C. 164, 169, 218), and regulations thereunder.

(Sec. 1, 30 Stat. 409, as amended; 48 U.S.C. 371)



Sec. 2567.3  Acreage.

    (a) Area subject to appropriation. A homestead settlement or entry 
in Alaska is restricted to 160 acres, except in the case of a settlement 
made before July 8, 1916, or an entry based thereon, which may include 
as much as 320 acres, provided notice of the settlement was filed for 
record in the recording district in which the land is situated within 90 
days after the settlement was made and the settlement was duly 
maintained until the filing of the application for entry and provided 
the applicant has not exhausted his homestead right in whole or in part 
in the United States.
    (b) Limitations. The Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 
212), provides that no person who shall, after the passage of the act, 
enter upon any of the public lands with a view to occupation, entry, or 
settlement under any of the public land laws shall be permitted to 
acquire title to more than 320 acres in the aggregate, under all of said 
laws. A former homestead entry outside of Alaska is not counted as a 
part of this acreage in connection with a homestead entry of 160 acres 
in Alaska. The fact that one may have acquired title to 160 acres under 
the homestead laws, or other agricultural public land laws, outside of 
Alaska, since August 30, 1890, does not disqualify him from entering 320 
acres under the homestead laws in Alaska, based on settlement made prior 
to July 8, 1916.

(43 U.S.C. 270)



Sec. 2567.4  Qualifications of entryman.

    (a) Qualifications required. Any person who is qualified to make an 
ordinary homestead entry in the United States under section 2289, 
Revised Statutes (43

[[Page 183]]

U.S.C. 161, 171), is qualified to make homestead entry in Alaska, and a 
former homestead entry outside of Alaska does not bar the claimant's 
right to make entry in that State for not exceeding 160 acres.
    (b) Second entries. No showing is required of an applicant for 160 
acres in Alaska as to a former homestead entry outside of the State, but 
if the applicant has made homestead entry, or made an allowable 
homestead application or filed a location notice of settlement in the 
State and failed to perfect title to the land, he must, in connection 
with another application to make homestead entry in the State, make the 
showing required by the Act of September 5, 1914 (38 Stat. 712; 43 
U.S.C. 182) explained in Sec. 2513.1 (a) to (d) of this chapter.
    (c) Additional entries. Any person otherwise qualified who has made 
final proof on an entry for less than 160 acres may make an additional 
entry for contiguous land under the Act of April 28, 1904 (33 Stat. 527; 
43 U.S.C. 213), or for noncontiguous land under the Act of March 2, 1889 
(25 Stat. 854; 43 U.S.C. 214) for such area as when added to the area 
previously entered will not exceed 160 acres. The requirements in 
connection with such entries are set forth in Secs. 2512.1 and 2512.2 of 
this chapter. An additional entry under the Act of April 28, 1904, is 
not subject to commutation.

(Sec. 1, 30 Stat. 409, as amended; 43 U.S.C. 270)



Sec. 2567.5  Residence, cultivation requirements.

    (a) Residence--(1) Establishment. Residence must be established upon 
the claim within 6 months after the date of the entry or the recording 
of the location notice, as the case may be; but an extension of not more 
than 6 months may be allowed upon application duly filed, in which the 
entryman shows by his own statement, and that of two witnesses, that 
residence could not be established within the first 6 months, for 
climatic reasons, or on account of sickness, or other unavoidable cause.
    (2) Length. A homestead entryman must show residence upon his claim 
for at least 3 years; however, he is entitled to absent himself during 
each year for not more than two periods making up an aggregate of 5 
months, giving written notice to the proper office of the time of 
leaving the homestead and returning thereto.
    (3) Leave of absence. A leave of absence for 1 year or less may be 
granted by the authorizing officer to the homesteader who has 
established actual residence on the land where failure or destruction of 
crops, sickness, or other unavoidable casualty has prevented him from 
supporting himself and those dependent upon him by cultivation of the 
land.
    (b) Cultivation. There must be shown also cultivation of one-
sixteenth of the area of the claim during the second year of the entry 
and of one-eighth during the third year and until the submission of 
proof, unless the requirements in this respect be reduced upon 
application duly filed. Cultivation, which must consist of breaking of 
the soil, planting or seeding, and tillage for a crop other than native 
grasses, must include such acts and be done in such manner as to be 
reasonably calculated to produce profitable results.
    (c) Habitable house. The law provides also that the entryman must 
have a habitable house upon the land at the time proof is submitted.
    (d) Commutation of entries. To the extent of not more than 160 acres 
an entry may be commuted after not less than 14 months' residence upon 
the land, cultivation of the area commuted to the extent required under 
the ordinary homestead laws and payment of $1.25 per acre; that is, the 
claimant must show the existence of a habitable house on the land at the 
time of final commutation proof, that residence for the period of not 
less than 14 months was actual and substantially continuous, and 
cultivation of one-sixteenth of the area during the second year of the 
entry, and, if commutation proof is submitted after the second entry 
year, one-eighth of the area of the third entry year and until the 
submission of final commutation proof. In such cases the homesteader is 
entitled to a 5 months' leave of absence in each year, but cannot have 
credit as residence for such period, since actual presence on the land 
for not less than 14 months is required. However, an additional entry

[[Page 184]]

under the Act of April 28, 1904 (33 Stat. 527; 43 U.S.C. 213), is not 
subject to commutation.



Sec. 2567.6  Surveys.

    (a) Without expense to settler. The land included in a settlement 
claim may be surveyed without expense to the settler, provided he 
submits, within five years from the date of the filing of notice of 
settlement claim in the proper office, an application to enter on a form 
approved by the Director and acceptable final or commuted homestead 
proof as required by Sec. 2567.7(a).
    (b) At expense of settler. A settler who wishes to secure earlier 
action in the matter of survey may have a survey made at his own expense 
by a deputy surveyor appointed by the authorized officer of the Bureau 
of Land Management.
    (c) Application to enter land included in special survey. After a 
special survey has been made, in accordance with paragraph (b) of this 
section, application to enter should be made as in the case of other 
settlements on surveyed lands.



Sec. 2567.7  Proof.

    (a) Submission. (1) Proof may be submitted without previous notice 
of intention by publication.
    (2) Whenever the claimant is ready to submit proof, he may appear, 
with two witnesses having knowledge of the facts, before either the 
authorizing officer of the proper office for the district in which the 
land is situated or before any other officer authorized to administer 
oaths in homestead cases and submit proof of his residence, cultivation, 
and improvements on the land. The proof testimony must be filed in the 
proper office.
    (3) Where the proof establishes that the entryman cannot effect 
timely compliance with the law, the entry must be canceled unless 
statutory authority permits the granting of an extension of time or 
other relief.
    (b) Publication and posting. (1) Where a special survey has been 
made, the notice of proof must give the survey number of the land, and 
it must be published once a week for nine consecutive weeks, in 
accordance with Sec. 1824.3 of this chapter, at the expense of the 
applicant, in a newspaper designated by the authorizing officer as being 
one of general circulation nearest the land. Moreover, during the period 
of publication the entryman must keep a copy of the plat, and of his 
notice of having made proof, posted in a conspicuous place on the land.
    (2) Where the public system of surveys has been extended over the 
land, and the claimant has an entry allowed in conformity therewith, 
notice must be published once a week for 5 consecutive weeks in 
accordance with Sec. 1824.3 of this chapter. The authorizing officer 
must cause a copy of the notice to be posted in his office during the 
entire period of publication.
    (c) Effect of transfer of land before proof. In Alaska, as elsewhere 
in the United States, a forfeiture of the claim results from a transfer 
of any part of the land or of any interest therein before the submission 
of the proof, with certain exceptions specified by law. In the State 
transfers for church, cemetery, or school purposes to the extent of 5 
acres and for railroad rights of way across the land having an extreme 
width of 200 feet are permitted.
    (d) Adverse claim. (1) In conformity with provision contained in 
section 10 of the Act of May 14, 1898 (30 Stat. 413; 48 U.S.C. 359), 
during the period of posting and publication or within 30 days 
thereafter any person, corporation, or association, having or asserting 
any adverse interest in or claim to, the tract of land or any part 
thereof sought to be acquired, may file in the proper office where the 
proof is pending, under oath, an adverse claim setting forth the nature 
and extent thereof, and such adverse claimant shall, within 60 days 
after the filing of such adverse claim, begin action to quiet title, in 
a court of competent jurisdiction in Alaska, and thereafter no patent 
shall issue for such claim until the final adjudication of the rights of 
the parties, and such patent shall then be issued in conformity with the 
final decree of the court.
    (2) Where such adverse claim is filed, action on the proof will be 
suspended until final adjudication of the rights of the parties in the 
court or until it has been shown that the adverse claimant did not 
commence an action in the court within the time allowed.

[[Page 185]]

    (3) Any protest which may be filed which does not show that the 
protestant intends to commence an action to quiet title, as stated, and 
any contest which may be filed will be disposed of by the authorizing 
officer in accordance with parts 1840 and 1850 of this chapter.



Sec. 2567.8  Loans.

    (a) Mortgage loans on existing homestead entries. A homestead 
entryman who desires to secure a loan on an existing homestead entry, or 
a homestead applicant who wishes to make a homestead entry for lands in 
a canceled or relinquished homestead entry subject to a mortgage lien 
held by the United States acting through the Secretary of Agriculture 
under the Act of October 19, 1949 (63 Stat. 883, 7 U.S.C. Supp. III 
secs. 1006a, 1006b), should proceed in accordance with Sec. 2511.0-9(a) 
of this chapter.
    (b) Mortgage liens. A mortgage lien held by the United States acting 
through the Secretary of Agriculture shall not extend to mineral 
deposits in the lands, which have been or may be reserved to the United 
States pursuant to law.



                     Group 2600--Disposition; Grants



PART 2610--CAREY ACT GRANTS--Table of Contents




                 Subpart 2610--Carey Act Grants, General

Sec.
2610.0-2  Objectives.
2610.0-3  Authority.
2610.0-4  Responsibilities.
2610.0-5  Definitions.
2610.0-7  Background.
2610.0-8  Lands subject to application.

        Subpart 2611--Segregation Under the Carey Act: Procedures

2611.1  Applications.
2611.1-1  Application for determination of suitability and availability 
          of lands.
2611.1-2  Determination of suitability and availability of lands.
2611.1-3  Application for grant contract.
2611.1-4  Approval of plan and contract.
2611.1-5  Priority of Carey Act applications.
2611.2  Period of segregation.
2611.3  Rights-of-way over other public lands.

                    Subpart 2612--Issuance of Patents

2612.1  Lists for patents.
2612.2  Publication of lists for patents.
2612.3  Issuance of patents.

             Subpart 2613--Preference Right Upon Restoration

2613.0-3  Authority.
2613.1  Allowance of filing of applications.
2613.2  Applications.
2613.3  Allowance of preference right.

    Authority:  Sec. 4 of the Act of August 18, 1894 (28 Stat. 422), as 
amended (43 U.S.C. 641), known as the Carey Act.

    Source:  45 FR 34232, May 21, 1980, unless otherwise noted.



                 Subpart 2610--Carey Act Grants, General



Sec. 2610.0-2  Objectives.

    The objective of section 4 of the Act of August 18, 1894 (28 Stat. 
422), as amended (43 U.S.C. 641 et seq.), known as the Carey Act, is to 
aid public land States in the reclamation of the desert lands therein, 
and the settlement, cultivation, and sale thereof in small tracts to 
actual settlers.



Sec. 2610.0-3  Authority.

    (a) The Carey Act authorizes the Secretary of the Interior, with the 
approval of the President, to contract and agree to grant and patent to 
States, in which there are desert lands, not to exceed 1,000,000 acres 
of such lands to each State, under the conditions specified in the Act. 
The Secretary is authorized to contract and agree to grant and patent 
additional lands to certain States. After a State's application for a 
grant has been approved by the Secretary, the lands are segregated from 
the public domain for a period of from 3 to 15 years, the State 
undertaking within that time to cause the reclamation of the lands by 
irrigation. The lands, when reclaimed, are patented to the States or to 
actual settlers who are its assignees. If the lands are patented to the 
State, the State transfers title to the settler. Entries are limited to 
160 acres to each actual settler.
    (b) The Act of June 11, 1896 (29 Stat. 434; 43 U.S.C. 642), 
authorizes liens on the land for the cost of construction of

[[Page 186]]

the irrigation works, and permits the issuance of patents to States for 
particular tracts actually reclaimed without regard to settlement or 
cultivation.
    (c) The Act of March 1, 1907 (34 Stat. 1056), extends the provisions 
of the Carey Act to the former Southern Ute Indian Reservation in 
Colorado.
    (d) The Joint Resolution approved May 25, 1908 (35 Stat. 577), 
authorizes grants to the State of Idaho of an additional 1,000,000 
acres.
    (e) The Act of May 27, 1908 (35 Stat. 347; 43 U.S.C. 645), 
authorizes grants of an additional 1,000,000 acres to the State of Idaho 
and the State of Wyoming.
    (f) The Act of February 24, 1909 (35 Stat. 644; 43 U.S.C. 647), 
extends the provisions of the Carey Act to the former Ute Indian 
Reservation in Colorado.
    (g) The Act of February 16, 1911 (36 Stat. 913), extends the Carey 
Act to the former Fort Bridger Military Reservation in Wyoming.
    (h) The Act of February 21, 1911 (36 Stat. 925; 43 U.S.C. 523-524), 
permits the sale of surplus water by the United States Bureau of 
Reclamation for use upon Carey Act lands.
    (i) The Act of March 4, 1911 (36 Stat. 1417; 43 U.S.C. 645), 
authorizes grants to the State of Nevada of an additional 1,000,000 
acres.
    (j) The Joint Resolution of August 21, 1911 (37 Stat. 38; 43 U.S.C. 
645), authorizes grants to the State of Colorado of an additional 
1,000,000 acres.



Sec. 2610.0-4  Responsibilities.

    (a) The authority of the Secretary of the Interior to approve the 
applications provided for in this part, has been delegated to the 
Director of the Bureau of Land Management and redelegated to State 
Directors of the Bureau of Land Management.
    (b) The grant contact must be signed by the Secretary of the 
Interior, or an officer authorized by him, and approved by the 
President.



Sec. 2610.0-5  Definitions.

    As used in the regulations of this part:
    (a) Actual settler means a person who establishes a primary 
residence on the land.
    (b) Cultivation means tilling or otherwise preparing the land and 
keeping the ground in a state favorable for the growth of ordinary 
agricultural crops, and requires irrigation as an attendant act.
    (c) Desert lands means unreclaimed lands which will not, without 
irrigation, produce any reasonably remunerative agricultural crop by 
usual means or methods of cultivation. This includes lands which will 
not, without irrigation, produce paying crops during a series of years, 
but on which crops can be successfully grown in alternate years by means 
of the so-called dry-farming system. Lands which produce native grasses 
sufficient in quantity, if ungrazed by grazing animals, to make an 
ordinary crop of hay in usual seasons, are not desert lands. Lands which 
will produce an agricultural crop of any kind without irrigation in 
amount sufficient to make the cultivation reasonably remunerative are 
not desert. Lands containing sufficient moisture to produce a natural 
growth of trees are not to be classed as desert lands.
    (d) Economic feasibility means the capability of an entry to provide 
an economic return to the settler sufficient to provide a viable farm 
enterprise and assure continued use of the land for farming purposes. 
Factors considered in determining feasibility may include the cost of 
developing or acquiring water, land reclamation costs, land treatment 
costs, the cost of construction or acquisition of a habitable residence, 
acquisition of farm equipment, fencing and other costs associated with a 
farm enterprise, such as water delivery, seed, planting, fertilization, 
harvest, etc.
    (e) Grant contract means the contract between a State and the United 
States which sets the terms and conditions which the State or its 
assignees shall comply with before lands shall be patented.
    (f) Irrigation means the application of water to the land for the 
purpose of growing crops.
    (g) Ordinary agricultural crops means any agricultural product to 
which the land under consideration is generally

[[Page 187]]

adapted, and which would return a fair reward for the expense of 
producing them. Ordinary agricultural crops do not include forest 
products, but may include orchards and other plants which cannot be 
grown on the land without irrigation and from which a profitable crop 
may be harvested.
    (h) Reclamation means the establishment of works for conducting 
water in adequate volume and quantity to the land so as to render it 
available for distribution when needed for irrigation and cultivation.
    (i) Segregation means the action under the Act of August 19, 1894 
(39 Stat. 422), as amended (43 U.S.C. 641), by which the lands are 
reserved from the public domain and closed to application or entry under 
the public land laws, including location under the mining laws.
    (j) Smallest legal subdivision means a quarter quarter section (40 
acres).



Sec. 2610.0-7  Background.

    The Carey Act authorizes the Secretary of the Interior, with the 
approval of the President, to contract and agree to grant and patent to 
States, in which there are desert lands, not exceeding 1 million acres 
of such lands to each State, as the State may cause to be reclaimed. The 
State shall also cause not less than 20 acres of each 160 acre tract to 
be cultivated by actual settlers. A number of amendments allowed 
additional acreages for certain States. Colorado, Nevada and Wyoming 
were allowed up to 2 million acres. Idaho was allowed up to 3 million 
acres.



Sec. 2610.0-8  Lands subject to application.

    (a) The lands shall be unreclaimed desert lands capable of producing 
ordinary agricultural crops by irrigation.
    (b) The lands shall be nonmineral, except that lands withdrawn, 
classified or valuable for coal, phosphate, nitrate, potash, sodium, 
sulphur, oil, gas or asphaltic minerals may be applied for subject to a 
reservation of such deposit, as explained in subpart 2093 of this title.
    (c) Lands embraced in mineral permits of leases, or in applications 
for such permits or leases, or classified, withdrawn or reported as 
valuable for any leasable mineral, or lying within the geologic 
structure of a field are subject to the provisions of Secs. 2093.0-3 
through 2093.0-7 of this title.
    (d) A project or individual entry may consist of 2 or more 
noncontiguous parcels. However, noncontiguous lands should be in a 
pattern compact enough to be managed as an efficient, economic unit.



        Subpart 2611--Segregation Under the Carey Act: Procedures



Sec. 2611.1  Applications.



Sec. 2611.1-1  Applications for determination of suitability and availability of lands.

    The first step in obtaining segregation of lands for Carey Act 
development shall be the filing of an application in the appropriate 
State office of the Bureau of Land Management requesting that the 
authorized officer make a determination regarding the suitability and 
availability of lands for a Carey Act Project. The application shall 
consist of a map of lands proposed to be reclaimed, containing 
sufficient detail to clearly show which lands are included in the 
Project, the mode of irrigation and the source of water. The map shall 
bear a certification by the State official authorized to file the 
application that the lands are applied for subject to the provisions of 
subpart 2093 of this title.



Sec. 2611.1-2  Determination of suitability and availability of lands.

    The authorized officer shall evaluate the suitability and 
availability of the lands for agricultural development under the Carey 
Act utilizing the criteria and procedures in part 2400 of this title.



Sec. 2611.1-3  Application for grant contract.

    If it is determined that lands are suitable and available for 
agricultural development under the Carey Act, the State shall submit the 
following, in duplicate, to the appropriate Bureau of Land Management 
office (43 CFR part 1821):

[[Page 188]]

    (a) A plan of development that includes:
    (1) A report on the economic feasibility of the project and the 
availability of an adequate supply of water to thoroughly irrigate and 
reclaim the lands to raise ordinary agricultural crops.
    (2) Procedures for avoiding or mitigating adverse environmental 
impacts and for rehabilitation of the lands if all or part of the 
project fails.
    (3) A map in sufficient detail to show the proposed major irrigation 
works and the lands to be irrigated. Map material and dimensions shall 
be as prescribed by the authorized officer and shall be drawn to a scale 
not greater than 1,000 feet to 1 inch. The map shall connect canals, 
pipelines larger than 8 inches in diameter, reservoirs and other major 
facilities in relationship to public survey lines or corners, where 
present. The map shall show other data as needed to enable retracement 
of the proposed major irrigation works on the ground. The engineer who 
prepared the map shall certify that the system depicted therein is 
accurately and fully represented and that the system proposed is 
sufficient to fully reclaim the lands.
    (4) Additional data concerning the specifics of the plan and its 
feasibility as required by the authorized officer.
    (b) A grant contract in a form prescribed by the Director, Bureau of 
Land Management, in duplicate, signed by the authorized State official, 
shall also be filed. A carbon copy of the contract shall not be 
accepted. The person who signs the contract on behalf of the State shall 
furnish evidence of his/her authority to do so. The contract shall 
obligate the State to all terms and conditions of the Act and all 
specifications of the approved plan, and shall obligate the United 
States to issue patents to the State upon actual reclamation of the 
lands according to the plan or to settlers who are its assignees, as 
provided in subpart 2093 of this title.



Sec. 2611.1-4  Approval of plan and contract.

    (a) After making a determination that the proposed project is 
economically feasible, that sufficient water can be furnished to 
thoroughly irrigate and reclaim the lands, that measures to avoid or 
mitigate adverse environmental impacts and to rehabilitate the lands if 
the project fails are adequate, and that State laws and regulations 
concerning the disposal of the lands to actual settlers are not contrary 
to the provisions and restrictions of the Act, the authorized officer 
may approve the plan. Before making this determination and approving the 
plan, the authorized officer may, in agreement with the State, modify 
the plan.
    (b) Upon approval of the plan, the grant contract may be signed by 
the Secretary of the Interior, or an officer in the Office of the 
Secretary who has been appointed by the President, by and with the 
advice and consent of the Senate. A notice that the contract has been 
signed and the lands are segregated shall be published in the Federal 
Register. As a condition to entering into the contract, the Secretary or 
his delegate may require additional terms and conditions. If such is 
done, the new contract form shall be returned to the State for signing.
    (c) The contract is not final and binding until approved by the 
President.
    (d) After the plan has been approved, and the contract signed and 
approved, the lands may be entered by the State and its agents for 
reclamation and for residency, if appropriate.



Sec. 2611.1-5  Priority of Carey Act applications.

    Properly filed applications under Sec. 2611.1-1 or Sec. 2611.1-3 of 
this title shall have priority over any subsequently filed agricultural 
applications for lands within the project boundaries. However, the 
rejection of a Carey Act application will not preclude subsequent 
agricultural development under another authority.



Sec. 2611.2  Period of segregation.

    (a) The States are allowed 10 years from the date of the signing of 
the contract by the Secretary in which to cause the lands to be 
reclaimed. If the State fails in this, the State Director may, in his 
discretion, extend the period for up to 5 years, or may restore the 
lands to the public domain at the end of the 10 years or any extension 
thereof. If actual construction of the

[[Page 189]]

reclamation works has not been commenced within 3 years after the 
segregation of the land or within such further period not exceeding 3 
years as may be allowed for that purpose by the State Director, the 
State Director may, in his discretion, restore the lands to the public 
domain.
    (b) All applications for extensions of the period of segregation 
must be submitted to the State Director. Such applications will be 
entertained only upon the showing of circumstances which prevent 
compliance by the State with the requirements within the time allowed, 
which, in the judgment of the State Director, could not have been 
reasonably anticipated or guarded against, such as the distruction of 
irrigation works by storms, floods, or other unavoidable casualties, 
unforeseen structural or physical difficulties encountered in the 
operations, or errors in surveying and locating needed ditches, canals, 
or pipelines.



Sec. 2611.3  Rights-of-way over other public lands.

    When the canals, ditches, pipelines, reservoirs or other facilities 
required by the plan of development will be located on public lands not 
applied for by the State under the Carey Act, an application for right-
of-way over such lands under Title V of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1761 et seq.), shall be filed 
separately by the proposed constructor. Rights-of-way shall be approved 
simultaneously with the approval of the plan, but shall be conditioned 
on approval of the contract.



                    Subpart 2612--Issuance of Patents



Sec. 2612.1  Lists for patents.

    When patents are desired for any lands that have been segregated, 
the State shall file in the BLM State Office a list of lands to be 
patented, with a certificate of the presiding officer of the State land 
board, or other officer of the State who may be charged with the duty of 
disposing of the lands which the State may obtain under the law, that 
the lands have been reclaimed according to the plan of development, so 
that a permanent supply of water has been made available for each tract 
in the list, sufficient to thoroughly reclaim each 160-acre tract for 
the raising of ordinary agricultural crops. If patents are to be issued 
directly to assignees, the list shall include their names, the 
particular lands each claims, and a certification by the State that each 
is an actual settler and has cultivated at least 20 acres of each 160-
acre tract. If there are portions which cannot be reclaimed, the nature, 
extent, location, and area of such portions should be fully stated. If 
less than 5 acres of a smallest legal subdivision can be reclaimed and 
the subdivision is not essential for the reclamation, cultivation, or 
settlement of the lands; such legal subdivision must be relinquished, 
and shall be restored to the public domain as provided in a notice 
published in the Federal Register.



Sec. 2612.2  Publication of lists for patents.

    (a) Notice of lists. When a list for patents is filed in the State 
Office, it shall be acompanied by a notice of the filing, in duplicate, 
prepared for the signature of the State Director, or his delegate, fully 
incorporating the list. The State shall cause this notice to be 
published once a week for 5 consecutive weeks, in a newspaper of 
established character and general circulation in the vicinity of the 
lands, to be designated by the State Director, as provided in subpart 
1824 of this chapter.
    (b) Proof of publication. At the expiration of the period of 
publication, the State shall file in the State Office proof of 
publication and of payment for the same.



Sec. 2612.3  Issuance of patents.

    Upon the receipt of proof of publication such action shall be taken 
in each case as the showing may require, and all tracts that are free 
from valid protest, and respecting which the law and regulations and 
grant contract have been complied with, shall be patented to the State, 
or to its assignees if the lands have been settled and cultivated. If 
patent issues to the State, it is the responsibility of the State to 
assure that the lands are cultivated and settled. If the State does not 
dispose of

[[Page 190]]

the patented lands within 5 years to actual settlers who have cultivated 
at least 20 acres of each 160 acre tract, or if the State disposes of 
the patented lands to any person who is not an actual settler or has not 
cultivated 20 acres of the 160 acre tract, action may be taken to revest 
title in the United States.



             Subpart 2613--Preference Right Upon Restoration



Sec. 2613.0-3  Authority.

    The Act approved February 14, 1920 (41 Stat. 407; 43 U.S.C. 644), 
provides that upon restoration of Carey Act lands from segregation, the 
Secretary is authorized, in his discretion, to allow a preference right 
of entry under other applicable land laws to any Carey Act entryman on 
any such lands which such person had entered under and pursuant to the 
State laws providing for the administration of the grant and upon which 
such person had established actual, bona fide residence or had made 
substantial and permanent improvements.



Sec. 2613.1  Allowance of filing of applications.

    (a) Status of lands under State laws. Prior to the restoration of 
lands segregated under the Carey Act, the Bureau of Land Management 
shall ascertain from the proper State officials whether any entries have 
been allowed under the State Carey Act laws on any such lands, and if 
any such entries have been allowed, the status thereof and action taken 
by the State with reference thereto.
    (b) No entries under State laws. If it is shown with reasonable 
certainty, either from the report of the State officers or by other 
available information, that there are no entries under State law, then 
the Act of February 14, 1920, shall not be considered applicable to the 
restoration of the lands. Lands shall be restored as provided in a 
notice published in the Federal Register.
    (c) Entries under State laws. If it appears from the report of the 
State officials or otherwise that there are entries under the State law 
which may properly be the basis for preference rights under this act, in 
the order restoring the lands the authorized officer may, in his 
discretion, allow only the filing of applications to obtain a preference 
right under the Act of February 14, 1920.



Sec. 2613.2  Applications.

    (a) Applications for preference rights under the Act of February 14, 
1920, shall be filed within 90 days of the publication of the 
restoration order.
    (b) Applications shall be on a form approved by the Director and 
shall set forth sufficient facts to show that the applicant is qualified 
under the act and these regulations. The application must be subscribed 
and sworn to before a notary public.
    (c) Persons qualified. The Act of February 14, 1920, applies only to 
cases of entries in good faith in compliance with the requirements of 
State law, with a view to reclaiming the land and procuring title 
pursuant to the provisions of the Carey Act; the act does not apply to 
cases where persons have settled on or improved the segregated land, 
either with the approval of the State authorities or otherwise, not 
pursuant to State law or not in anticipation of reclaiming the lands and 
procuring title under the Carey Act but in anticipation of initiating 
some kind of a claim to the land on its restoration because of failure 
of the project or cancellation of the segregation.
    (d) Persons not qualified. The Act of February 14, 1920, does not 
apply to cases where the applicant's entry has been canceled by the 
State or forfeited for failure to perfect the entry according to State 
law, unless the failure is the result of conditions which culminated in 
the elimination of the lands from the project if the State has allowed a 
subsequent entry for the same lands, this shall be conclusive evidence 
that the default was the fault of the State entryman whose entry was 
forfeited or canceled.



Sec. 2613.3  Allowance of preference right.

    If a person's application is approved, such person shall have 90 
days to submit an application for entry under another land law, and 
shall be entitled to a preference right of entry under other

[[Page 191]]

law if and when the lands are determined to be suitable for entry under 
such law pursuant to the regulations found in part 2400 of this chapter.



PART 2620--STATE GRANTS--Table of Contents




                   Subpart 2621--Indemnity Selections

Sec.
2621.0-2  Objectives and background.
2621.0-3  Authority.
2621.1  Applications for selection.
2621.2  Publication and protests.
2621.3  Certifications; mineral leases and permits.
2621.4  Application for selection of unsurveyed lands.

           Subpart 2622--Quantity and Special Grant Selections

2622.0-1  Purpose and scope.
2622.0-8  Lands subject to selection.

 Subpart 2623--School Land Grants to Certain States Extended To Include 
                            Mineral Sections

2623.0-3  Authority.
2623.0-7  Cross reference.
2623.0-8  Lands subject to selection.
2623.1  Effective date of grant.
2623.2  Claims protected.
2623.3  States not permitted to dispose of lands except with reservation 
          of minerals.
2623.4  Grant of mineral school sections effective upon restoration of 
          land from reservation.

                        Subpart 2624  [Reserved]

                     Subpart 2625--Swamp-land Grants

2625.0-3  Authority.
2625.1  Selection and patenting of swamp lands.
2625.2  Applications in conflict with swamp-land claims.

                          Subpart 2627--Alaska

2627.1  Grant for community purposes.
2627.2  Grant for University of Alaska.
2627.3  Grant for general purposes.
2627.4  All grants.

    Authority:  R.S. 2478; 43 U.S.C. 1201.



                   Subpart 2621--Indemnity Selections



Sec. 2621.0-2  Objectives and background.

    Generally, grants made by Statehood Acts to the various States of 
school sections 16 and 36, and in addition, sections 2 and 32 in 
Arizona, New Mexico, and Utah, attach to a school sections on the date 
of acceptance or approval of the plat of survey thereof. If the 
acceptance or approval was prior to the granting act, or to the date of 
admission of the State into the Union, the grant attaches either on the 
date of approval of the act or the date of admission into the Union, 
whichever is the later date. However, if on the date the grant would 
otherwise attach, the land is appropriated under some applicable public 
land law, the grant does not attach, and the State is entitled to 
indemnity therefor as provided in the regulations in this subpart.
[35 FR 9607, June 13, 1970]



Sec. 2621.0-3  Authority.

    (a) Sections 2275 and 2276 of the Revised Statutes, as amended (43 
U.S.C. 851, 852), referred to in Secs. 2621.0-3 to 2621.4 of this 
subpart as the law, authorize the public land States except Alaska to 
select lands (or the retained or reserved interest of the United States 
in lands which have been disposed of with a reservation to the United 
States of all minerals, or any specified mineral or minerals, which 
interest is referred to in Secs. 2621.0-3 to 2621.4 as the mineral 
estate) of equal acreage within their boundaries as indemnity for grant 
lands in place lost to the States because of appropriation before title 
could pass to the State or because of natural deficiencies resulting 
from such causes as fractional sections and fractional townships.
    (b) The law provides that indemnity for lands lost because of 
natural deficiencies will be selected from the unappropriated, 
nonmineral, public lands, and that indemnity for lands lost before title 
could pass to the State will be selected from the unappropriated, public 
lands subject to the following restrictions:
    (1) No lands mineral in character may be selected except to the 
extent that the selection is made as indemnity for mineral lands.
    (2) No lands on a known geologic structure of a producing oil or gas 
field may be selected except to the extent that the selection is made as 
indemnity for lands on such a structure.

[[Page 192]]

    (c) The law also provides that lands subject to a mineral lease or 
permit may be selected, but only if the lands are otherwise available 
for selection, and if none of the lands subject to that lease or permit 
are in producing or producible status. It permits the selection of lands 
withdrawn, classified, or reported as valuable for coal, phosphate, 
nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and 
sulphur and lands withdrawn by Executive Order 5327 of April 15, 1930, 
if such lands are otherwise available for, and subject to, selection: 
Provided, That except where the base lands are mineral in character, 
such minerals are reserved to the United States in accordance with and 
subject to the regulations in subpart 2093. Except for the withdrawals 
mentioned in this paragraph and for lands subject to classification 
under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 
1269; 43 U.S.C. 315f), as amended, the law does not permit the selection 
of withdrawn or reserved lands.
    (d) Subsection (b) of the section 2276 of the Revised Statutes, as 
amended, sets forth the principles of adjustment where selections are 
made to compensate for deficiencies of school lands in fractional 
townships.
[35 FR 9607, June 13, 1970]



Sec. 2621.1  Applications for selection.

    (a) Applications for selection must be made on a form approved by 
the Director, and must be accompanied by a petition on a form approved 
by the Director properly executed. However, if the lands described in 
application have been already classified and opened for selection 
pursuant to the regulations of this part, no petition is required.
    (b) Applications for selection under the law will be made by the 
proper selecting agent of the State and will be filed, in duplicate, in 
the proper office in the State or for lands or mineral estate in a State 
in which there is no office, will be filed in accordance with the 
provisions of Sec. 1821.2 of this chapter.
    (c) Applications must be accompanied by the following information:
    (1) A reference to the Act of August 27, 1958 (72 Stat. 928), as 
amended.
    (2) A certificate by the selecting agent showing:
    (i) All facts relative to medicinal or hot springs or other waters 
upon the selected lands.

(This provision does not apply insofar as the application involves the 
selection of the mineral estate.)
    (ii) That indemnity has not been previously granted for the assigned 
base lands and that no other selection is pending for such assigned 
base.
    (3) A statement describing the mineral or nonmineral character of 
each smallest legal subdivision of the base and selected lands or 
mineral estate.
    (4) A certificate by the officer or officers charged with the care 
and disposal of school lands that no instrument purporting to convey, or 
in any way incumber, the title to any of the land used as base or bases, 
has been issued by the State or its agents.
    (d) In addition to the requirements of paragraph (c) of this 
section, applications for selection must conform with the following 
rules:
    (1) The selected land and base lands must be described in accordance 
with the official plats of survey except that unsurveyed lands will be 
described in terms of protracted surveys as officially approved in 
accordance with 43 CFR 3101.1-4(d)(1). If the unsurveyed lands are not 
covered by protracted surveys the lands must be described in terms of 
their probable legal description, if and when surveyed in accordance 
with the rectangular system of public land surveys, or if the State 
Director gives written approval therefor, by a metes and bounds 
description adequate to identify the lands accurately.
    (2) Separate base or bases do not have to be assigned to each 
smallest legal subdivision of selected surveyed lands or mineral estate 
and to each tract of unsurveyed lands upon application. However, prior 
to final approval of the selection, separate base or bases shall be 
assigned. Assignment of the smallest actual or probable legal 
subdivision as base will constitute an election to take indemnity for 
the entire subdivision and is a waiver of the State's rights to such 
subdivision, except that any remaining balance of acreage may be used as 
base in other selections.

[[Page 193]]

    (3) For purposes of selecting unsurveyed land a protracted section 
shall be considered to be a smallest legal subdivision except where the 
State Director finds otherwise.
    (4) The cause of loss of the base lands to the State must be 
specifically stated for each separate base.


(Secs. 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 
852))
[35 FR 9607, June 13, 1970. Redesignated and amended at 46 FR 24135, 
Apr. 29, 1981]



Sec. 2621.2  Publication and protests.

    (a) The State will be required to publish once a week for five 
consecutive weeks in accordance with Sec. 1824.3 of this chapter, at its 
own expense, in a designated newspaper and in a designated form, a 
notice allowing all persons claiming the land adversely to file in the 
appropriate office their objections to the issuance of a certification 
to the State for lands selected under the law. A protestant must serve 
on the State a copy of the objections and furnish evidence of service to 
the appropriate land office.
    (b) The State must file a statement of the publisher, accompanied by 
a copy of the notice published, showing that publication has been had 
for the required time.
[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



Sec. 2621.3  Certifications; mineral leases and permits.

    (a) Certifications will be issued for all selections approved under 
the law by the authorized officer of the Bureau of Land Management.
    (b) Where all the lands subject to a mineral lease or permit are 
certified to a State, or if, where the State has previously acquired 
title to a portion of the lands subject to a mineral lease or permit, 
the remaining lands in the lease or permit are certified to the State, 
the State shall succeed to the position of the United States thereunder. 
Where a portion of the lands subject to any mineral lease or permit are 
certified to a State, the United States shall retain for the duration of 
the lease or permit the mineral or minerals for which the lease or 
permit was issued.
[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



Sec. 2621.4  Application for selection of unsurveyed lands.

    (a) The authorized officer will reject any application for selection 
of unsurveyed lands if: (1) The costs of survey of the lands would 
grossly exceed the average per-acre costs of surveying public lands 
under the rectangular system of surveys in the State in which the lands 
are located, or (2) if the conveyance of the lands would create serious 
problems in the administration of the remaining public lands or 
resources thereof or would significantly diminish the value of the 
remaining public lands. The term remaining public lands means the public 
lands from which the applied-for lands would be separated by survey.
    (b) In addition to the provisions of this section, applications for 
selection of unsurveyed lands are subject to the provisions of subpart 
2400.
[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



           Subpart 2622--Quantity and Special Grant Selections



Sec. 2622.0-1  Purpose and scope.

    (a) Sections 2622.0-1 to 2622.0-8 apply generally to quantity and 
special grants made to States other than Alaska.
    (b) The regulations in Secs. 2621.2 to 2621.4 apply to quantity and 
special grants with the following exceptions and modifications:
    (1) Sections 2621.4(b) and 2621.2(c)(4); and Secs. 2621.2(d) (3) and 
(4) and all references to base lands and to mineral estate do not apply.
    (2) Section 2621.2(c)(1) is modified to require reference to the 
appropriate granting act; Sec. 2621.2(c)(3) is modified to require a 
statement testifying to the nonmineral character of each smallest legal 
subdivision of the selected land; Sec. 2621.2(d)(2) is modified to 
permit as much as 6,400 acres in a single selection; and Sec. 2621.2 is 
modified to require a certificate that the selection and

[[Page 194]]

those pending, together with those approved, do not exceed the total 
amount granted for the stated purpose of the grant.
[35 FR 9608, June 13, 1970]



Sec. 2622.0-8  Lands subject to selection.

    Selections made in satisfaction of quantity and special grants can 
generally be made only from the vacant, unappropriated, nonmineral, 
surveyed public lands within the State to which the grant was made. If 
the lands are otherwise available for selection, the States may select 
lands which are withdrawn, classified, or reported as valuable for coal, 
phosphate, nitrate, potash, oil, gas, asphaltic minerals, sodium, or 
sulphur, provided that the appropriate minerals are reserved to the 
United States in accordance with and subject to the regulations of 
subpart 2093.
[35 FR 9608, June 13, 1970]



 Subpart 2623--School Land Grants to Certain States Extended to Include 
                            Mineral Sections

    Source:  35 FR 9609, June 18, 1970, unless otherwise noted.



Sec. 2623.0-3  Authority.

    (a) The first paragraph of section 1 of the Act approved January 25, 
1927 (44 Stat. 1026; 43 U.S.C. 870), reads as follows:

    That, subject to the provisions of paragraphs (a), (b), and (c) of 
this section, the several grants to the States of numbered sections in 
place for the support or in aid of common or public schools be, and they 
are hereby, extended to embrace numbered school sections mineral in 
character, unless land has been granted to and/or selected by and 
certified or approved, to any such State or States as indemnity or in 
lieu of any land so granted by numbered sections.


    (b) The beneficiaries of this grant are the States of Arizona, 
California, Colorado, Idaho, Montana, Nebraska, New Mexico, North 
Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. The grant 
also extends to the unsurveyed school sections reserved, granted, and 
confirmed to the State of Florida by the Act of Congress approved 
September 22, 1922 (42 Stat. 1017; 16 U.S.C. 483, 484).
    (c) The additional grant thus made, subject to all the conditions in 
the statute making same, applies to school-section lands known to be of 
mineral character at the effective date thereof as hereinafter defined. 
It does not include school-section lands nonmineral in character, those 
not known to be mineral in character at time of grant, but afterwards 
found to contain mineral deposits, such lands not being excepted from 
the grants theretofore made (Wyoming et al. v. United States, 255 U.S. 
489-500, 501, 65 L. ed. 742-748), nor does it include lands in numbered 
school sections in lieu of or as indemnity for which lands were conveyed 
to the States first above named, or to the State of Florida with respect 
to school-section lands coming within the purview of the Act of 
September 22, 1922, prior to January 25, 1927.
    (d) Determinations made prior to January 25, 1927, by the Secretary 
of the Interior or the Commissioner of the General Land Office to the 
effect that lands in school sections were excepted from school-land 
grants because of their known mineral character do not, of themselves, 
prevent or affect in any way the vesting of title in the States pursuant 
to the provisions of the statute making the additional grant.
    (e) Subsection (a) of section 1 of the Act provides:

    That the grant of numbered mineral sections under this Act shall be 
of the same effect as prior grants for the numbered nonmineral sections, 
and title to such numbered mineral sections shall vest in the States at 
the time and in the manner and be subject to all the rights of adverse 
parties recognized by existing law in the grants of numbered nonmineral 
sections.



Sec. 2623.0-7  Cross reference.

    For national forests and national parks, see Sec. 1821.7-2 of this 
chapter. For naval petroleum reserves, see Sec. 3102.2-2 of this 
chapter.



Sec. 2623.0-8  Lands subject to selection.

    (a) Lands included in grant. (1) Section 2 of the Act of January 25, 
1927 (44 Stat. 1027; 43 U.S.C. 871) reads as follows:


[[Page 195]]


    Sec. 2. That nothing herein contained is intended or shall be held 
or construed to increase, diminish, or affect the rights of States under 
grants other than for the support of common or public schools by 
numbered school sections in place, and this Act shall not apply to 
indemnity of lieu selections or exchanges or the right hereafter to 
select indemnity for numbered school sections in place lost to the State 
under the provisions of this or other Acts, and all existing laws 
governing such grants and indemnity or lieu selections and exchanges are 
hereby continued in full force and effect.

    (2) The only grants affected in any way by the provisions of the Act 
of January 25, 1927, are those of numbered sections of land in place 
made to the States for the support of common or public schools. The 
adjudication of claims to land asserted under other grants, for 
indemnity or lieu lands and exchanges of lands, will proceed as 
theretofore, being governed by the provisions of existing laws 
applicable thereto. The States will be afforded full opportunity, 
however, if the facts and conditions are such as to authorize such 
action, either to assign new base in support of or to withdraw pending 
unapproved indemnity school land selections in support of which mineral 
school-section lands have been tendered as base.
    (b) Lands excluded from grant. (1) Subsection (c) of section 1 of 
the Act of January 25, 1927, provides:

    That any lands included within the limits of existing reservations 
of or by the United States, or specifically reserved for waterpower 
purposes, or included in any pending suit or proceedings in the courts 
of the United States, or subject to or included in any valid 
application, claim, or right initiated or held under any of the existing 
laws of the United States, unless or until such application, claim, or 
right is relinquished or canceled, and all lands in the Territory of 
Alaska are excluded from the provisions of this act.


    (2) School-section lands included within the limits of existing 
reservations of or by the United States, specifically reserved for 
waterpower purposes, or included in any suit or proceedings in the 
courts of the United States, prior to January 25, 1927, and all lands in 
Alaska are excluded from the provisions of the Act. (Sec. 2623.4)
    (3) The words existing reservation as used in subsection (c) are 
construed generally and subject to specific determination in particular 
cases if the need therefor shall arise, as including Indian and military 
reservations, naval and petroleum reserves, national parks, national 
forests, stock driveways, reservations established under the Act of June 
25, 1910 (36 Stat. 847; 43 U.S.C. 141-143), as amended by the Act of 
August 24, 1912 (37 Stat. 497; 43 U.S.C. 142), and all forms of 
Executive withdrawal recognized and construed by the Department of the 
Interior as reservations, existent prior to January 25, 1927.



Sec. 2623.1  Effective date of grant.

    Grants to the States of school lands in place (the numbered 
sections), of the character and status subject thereto, as a rule, are 
effective and operate to vest title upon the date of the approval of the 
statute making the grant or the date of the admission of the State into 
the Union, as to lands then surveyed, and as to the lands thereafter 
surveyed upon the date of the acceptance of the survey thereof by the 
Director of the Bureau of Land Management. (United States v. Morrison, 
240 U.S. 192, 60 L. ed. 599; United States v. Sweet, 245 U.S. 563, 62 L. 
ed. 473; Wyoming et al. v. United States, supra.) It is held, therefore, 
that the grant made by the first paragraph of section 1 of the Act of 
January 25, 1927, subject to the provision therein with respect to 
indemnity or lieu lands, to the provisions of subsections (b) and (c) of 
said section 1 and following the plain provisions of subsection (a) 
thereof is effective upon the date of the approval of the Act (January 
25, 1927) as to lands then surveyed and the survey thereof accepted by 
the Director of the Bureau of Land Management and as to the unsurveyed 
school sections in the State of Florida granted to that State by the Act 
of September 22, 1922. The grant, as to other lands thereafter surveyed, 
subject to the same provisions is effective upon the acceptance of the 
survey thereof as above indicated.



Sec. 2623.2  Claims protected.

    (a) Valid applications, claims, or rights protected by the 
provisions of subsection (c) of section 1 of the Act of

[[Page 196]]

January 25, 1927, include applications, entries, selections, locations, 
permits, leases, and other forms of filing, initiated or held pursuant 
to existing laws of the United States prior to January 25, 1927, 
embracing known mineral school-section lands then surveyed and otherwise 
within the terms of the additional grant, and as to lands thereafter 
surveyed, valid applications, claims, or rights so initiated or held 
prior to the date of the acceptance of the survey. The additional grant 
to the State will attach upon the effective date of the relinquishment 
or cancellation of any claim, so asserted, in the absence of any other 
valid existing claim for the land and if same be then surveyed. Should 
the validity of any such claim be questioned by the State, proceedings 
with respect thereto by protest, contest, hearing, etc., will be had in 
the form and manner prescribed by existing rules governing such cases. 
This procedure will be followed in the matter of all protests, contests, 
or claims filed by individuals, associations, or corporations against 
the States affecting school-section lands.



Sec. 2623.3  States not permitted to dispose of lands except with reservation of minerals.

    (a) Subsection (b) of section 1 of the Act of January 25, 1927, 
provides:

    That the additional grant made by this Act is upon the express 
condition that all sales, grants, deeds, or patents for any of the lands 
so granted shall be subject to and contain a reservation to the State of 
all the coal and other minerals in the lands so sold, granted, deeded, 
or patented, together with the right to prospect for, mine, and remove 
the same. The coal and other mineral deposits in such lands shall be 
subject to lease by the State as the State legislature may direct, the 
proceeds of rentals and royalties therefrom to be utilized for the 
support or in aid of the common or public schools: Provided, That any 
lands or minerals disposed of contrary to the provisions of this Act 
shall be forfeited to the United States by appropriate proceedings 
instituted by the Attorney General for that purpose in the United States 
district court for the district in which the property or some part 
thereof is located.


    (b) The lands granted to the States by the Act of January 25, 1927, 
and the mineral deposits therein are to be disposed of by the States in 
the manner prescribed in subsection (b) thereof, provision being made 
for judicial forfeiture in case of disposal of any of the lands or 
minerals contrary to the provisions of the act.



Sec. 2623.4  Grant of mineral school sections effective upon restoration of land from reservation.

    (a) By the Act of January 25, 1927 (44 Stat. 1026; 43 U.S.C. 870, 
871), which grants to the States certain school-section lands that are 
mineral in character, it is provided by subsection (c) of section 1 that 
where such lands are embraced within an existing reservation at the date 
of said Act of 1927, they are thereby excluded from the grant made by 
said act.
    (b) Under the amendatory Act of May 2, 1932 (47 Stat. 140; 43 U.S.C. 
870), it is provided that in the event of the restoration of the lands 
from such reservation, the grant to the State of such mineral school-
section lands will thereupon become effective.
    (c) Adjudications in connection with the State's title to school 
sections will be governed by the provisions of this amendatory Act of 
May 2, 1932.



                        Subpart 2624  [Reserved]



                     Subpart 2625--Swamp-land Grants

    Source:  35 FR 9610, June 13, 1970, unless otherwise noted.



Sec. 2625.0-3  Authority.

    (a) Circular dated Mar. 17, 1896, containing the swamp-land laws and 
regulations, states:

    As soon as practicable after the passage of the swamp-land grant of 
September 28, 1850, viz, on the 21st of November 1850, the commissioner 
transmitted to the governors of the respective States to which the grant 
applied copies of office circular setting forth the provisions of said 
Act, giving instructions thereunder, and allowing the States to elect 
which of two methods they would adopt for the purpose of designating the 
swamp lands, viz:
    1. The field notes of Government survey could be taken as the basis 
for selections, and all lands shown by them to be swamp or overflowed, 
within the meaning of the act,

[[Page 197]]

which were otherwise vacant and unappropriated September 28, 1850, would 
pass to the States.
    2. The States could select the lands by their own agents and report 
the same to the United States surveyor general with proof as to the 
character of the same.
    The following States elected to make the field notes of survey the 
basis for determining what lands passed to them under the grant, viz: 
Louisiana, Michigan, and Wisconsin. Later the State of Minnesota adopted 
this method of settlement.
    The authorities of the following States elected to make their 
selections by their own agents and present proof that the lands selected 
were of the character contemplated by the swamp grant, viz: Alabama, 
Arkansas, Florida, Illinois, Indiana, Iowa, Mississippi, Missouri, and 
Ohio. Later Oregon adopted this method.
    The States of Alabama, Arkansas, Indiana, Mississippi, and Ohio 
adopted the second method at the beginning, but they changed to the 
first method, i.e., to the field notes of survey, as a basis of 
settlement, in recent years.
    The authorities of California did not adopt either method, and the 
passage of the Act of July 23, 1866, rendered such action on their part 
unnecessary.
    In Louisiana the selections under the grant of March 2, 1849, 
forming the bulk of the selections in said State, are made in accordance 
with the terms of said act by deputy surveyors, under the direction of 
the United States surveyor general, at the expense of the State.


    (b) The grant of swamp lands, under Acts of March 2, 1849, and 
September 28, 1850, is a grant in praesenti. See United States Supreme 
Court decisions Railroad Co. v. Fremont County (9 Wall, 89, 19 L. ed. 
563); Railroad Co. v. Smith (id. 95, 19 L. ed. 599); Martin v. Marks (7 
Otto 345, 24 L. ed. 940); decisions of the Secretary of the Interior, 
December 23, 1851 (1 Lester's L.L. 549), April 25, 1862, and opinion of 
Attorney General, November 10, 1858 (1 Lester's L.L. 564).
    (c) The Act of September 28, 1850, did not grant swamp and 
overflowed lands to States admitted into the Union after its passage. 
See decision of Secretary of the Interior, August 17, 1858; 
Commissioner, General Land Office, May 2, 1871 (Copp's L.L. 474), 
affirmed by Secretary June 1, 1871, and Commissioner, General Land 
Office, January 19, 1874 (Copp's L.L. 473), affirmed by Secretary July 
9, 1875.
    (d) A State having elected to take swamp land by field notes and 
plats of survey is bound by them, as is also the Government. (See 
Secretary's decisions, October 4, 1855 (1 Lester's L.L. 553), August 1, 
1859 (id. 571), December 4, 1877 (4 Copp's L.L. 149), and September 19, 
1879.
    (e) The Swamp-Land Acts do not contain any exception or reservation 
of mineral lands and none is to be implied, since at the time of their 
enactment the public policy of withholding mineral lands for disposition 
only under laws including them, was not established. Work, Secretary of 
the Interior v. Louisiana (269 U.S. 250, 70 L. ed. 259).



Sec. 2625.1  Selection and patenting of swamp lands.

    (a) All lands properly selected and reported to the Bureau of Land 
Management as swamp will be compared with the records of the said 
office, and lists of such lands as are shown to be swamp or overflowed, 
within the meaning of the Acts of March 2, 1849, and September 28, 1850 
(9 Stat. 352, 519), and that are otherwise free from conflict will be 
made out by such office and approved.
    (b) When the lists have been approved a copy of each list will be 
transmitted to the governor of the State, with the statement that on 
receipt of his request patent will issue to the State for the lands. A 
copy of each list also will be transmitted to the authorizing officer of 
the proper office for the district in which the lands are situated, and 
he will be requested to examine the same with the records of his office 
and report any conflicts found.
    (c) Upon receipt of a request from the governor for patent, and a 
report from the authorizing officer as to status, patents will issue to 
the State for all the lands embraced in said lists so far as they are 
free from conflict.
    (d) Under the provisions of the Act of March 2, 1849, granting swamp 
lands to the State of Louisiana, a certified copy of the list approved 
by the Director, transmitted to the Governor, has the force and effect 
of a patent.

[[Page 198]]



Sec. 2625.2  Applications in conflict with swamp-land claims.

    Applications adverse to the State, in conflict with swamp-land 
claims, will be governed by the following rules:
    (a) In those States where the adjudication of swamp-land claims is 
based on the evidence contained in the survey returns, applications 
adverse to the State for lands returned as swamp will be rejected unless 
accompanied by a showing that the land is non-swamp in character.
    (b) In such case, the claim adverse to the State must be supported 
by a statement of the applicant under oath, corroborated by two 
witnesses, setting forth the basis of the claim and that at the date of 
the swamp-land grant the land was not swamp and overflowed and not 
rendered thereby unfit for cultivation. In the absence of such affidavit 
the application will be rejected. If properly supported, the application 
will be received and suspended subject to a hearing to determine the 
swamp or nonswamp character of the land, the burden of proof being upon 
the non-swamp claimant.
    (c) In those States where the survey returns are not made the basis 
for adjudication of the swamp-land selections, junior applications for 
lands covered by swamp-land selections may be received and suspended, if 
supported by non-swamp affidavits corroborated by two witnesses, subject 
to hearing to determine the character of the land, whether swamp or non-
swamp, and the burden of proof will be upon the junior applicant. 
Likewise, the State, if a junior applicant, may be heard upon furnishing 
an affidavit corroborated by two witnesses alleging that the land is 
swamp in character within the meaning of the swamp-land grant, in which 
case the burden of proof at the hearing will be upon the State.
    (d) Where hearings are ordered in any such cases, the Rules of 
Practice governing contests will be applied, except as herein otherwise 
provided.



                          Subpart 2627--Alaska

    Source:  35 FR 9611, June 13, 1970, unless otherwise noted.



Sec. 2627.1  Grant for community purposes.

    (a) Authority. The Act of July 7, 1958 (72 Stat. 339, 340), grants 
to the State of Alaska the right to select, within 25 years after 
January 3, 1959, not to exceed 400,000 acres of national forest lands in 
Alaska which are vacant and unappropriated at the time of their 
selection and not to exceed 400,000 acres of other public lands in 
Alaska which are vacant, unappropriated, and unreserved at the time of 
their selection. The act provides that the selected lands must be 
adjacent to the established communities or suitable for prospective 
community centers and recreational areas. The act further provides that 
such lands shall be selected with the approval of the Secretary of 
Agriculture as to national forest lands and with the approval of the 
Secretary of the Interior as to other lands, and that no selection shall 
be made north and west of the line described in section 10 of the act 
without approval of the President or his designated representative.
    (b) Applicable regulations. Unless otherwise indicated therein, the 
regulations in Sec. 2627.3 (a) to (d) apply to the grant and selection 
of lands for community purposes. In addition to the requirements of 
Sec. 2627.3(c), where the selected lands are national forest, the 
application for selection must be accompanied by a statement of the 
Secretary of Agriculture or his delegate showing that he approves the 
selection.
    (c) Approval of selections outside of national forests. Selection of 
lands outside of national forests will be approved by the authorized 
officer of the Bureau of Land Management if, all else being regular, he 
finds that approval of a selection of lands adjacent to an established 
community will further expansion of an established community, or if the 
lands are suitable for prospective community centers and recreational 
areas.



Sec. 2627.2  Grant for University of Alaska.

    (a) Statutory authority. The Act of January 21, 1929 (45 Stat. 
1091), as supplemented July 7, 1958 (72 Stat. 339, 343; 43 U.S.C. 852 
Note), grants to the State of Alaska, for the exclusive use and benefit 
of the University of Alaska, the unsatisfied portion of 100,000 acres of

[[Page 199]]

vacant, surveyed, unreserved public lands in said State, to be selected 
by the State, under the direction and subject to the approval of the 
Secretary of the Interior, and subject to the conditions and limitations 
expressed in the act.
    (b) Applications for selection. (1) Applications to select lands 
under the grant made to Alaska by the Act of January 21, 1929, will be 
made by the proper selecting agent of the State and will be filed in the 
proper office of the district in which such selected lands are situated. 
Such selections must be made in accordance with the law and with the 
applicable regulations governing selection of lands by States as set 
forth in part 2620.
    (2) Notice of selection and publication is required as provided by 
Sec. 2627.5 (b) and (c).
    (3) Each list of selections must contain a reference to the act 
under which the selections are made and must be accompanied by a 
certificate of the selecting agent showing the selections are made under 
and pursuant to the laws of the State of Alaska.
    (4) The selections in any one list must not exceed 6,400 acres.
    (5) Each list must be accompanied by a certification of the 
selecting agent stating that the acreage selected together with the 
cumulative acreage total of all prior sales for lists pending and 
finally approved for clear-listing or patenting does not exceed 100,000 
acres.
    (c) Statement with application. Every application for selection 
under the Act of January 21, 1929, must be accompanied by a duly 
corroborated statement making the following showing as to the lands 
sought to be selected.
    (1) That no portion of the land is occupied for any purpose by the 
United States and that to the best of his knowledge and belief the land 
is unoccupied, unimproved, and unappropriated by any person claiming the 
same other than the applicant; and that at the date of the application 
no part of the land was claimed under the mining laws.
    (2) That the land applied for does not extend more than 160 rods 
along the shore of any navigable water or that such restriction has been 
or should be waived. (See Sec. 2094.2 of this chapter.)
    (3) All facts relative to medicinal or hot springs or other waters 
upon the lands must be stated.



Sec. 2627.3  Grant for general purposes.

    (a) Statutory authority. (1) The Act of July 7, 1958 (72 Stat. 339-
343), referred to in paragraphs (a) to (d) of this section as the act, 
grants to the State of Alaska the right to select, within 25 years from 
January 3, 1959, not to exceed 102,550,000 acres from the public lands 
in Alaska which are vacant, unappropriated and unreserved at the time of 
selection. The Act of September 14, 1960 (74 Stat. 1024), defines vacant 
unappropriated, unreserved public lands in Alaska to include the 
retained or reserved interest of the United States in lands which have 
been disposed of with a reservation to the United States of all minerals 
or any specified mineral or minerals.
    (2) The Act further provides that no selection shall be made in the 
area north and west of the line described in section 10 thereof (72 
Stat. 345) without the approval of the President or his designated 
representative.
    (b) Lands subject to selection; patents; minerals. (1) The Act as 
amended August 18, 1959 (73 Stat. 395), provides that any lease, permit, 
license, or contract issued under the Mineral Leasing Act of 1920 (41 
Stat. 437; 30 U.S.C. 181 et seq.), as amended, or under the Alaska Coal 
Leasing Act of 1914 (38 Stat. 741; 30 U.S.C. 432 et seq.), as amended, 
referred to in this section as the mineral leasing acts, shall have the 
effect of withdrawing the lands subject thereto from selection by the 
State.
    (2) Under the Act, the State may select any vacant, unappropriated, 
and unreserved public lands in Alaska, whether or not they are surveyed 
and whether or not they contain mineral deposits. For the purposes of 
selection, leases, permits, licenses, and contracts issued under the 
Mineral Leasing Acts of 1914 and 1920 will be considered an 
appropriation of lands. Where the preference provisions of 
Sec. 2627.4(a) do not apply, selections by the State of lands covered by 
an application filed prior to the State selection will be rejected to 
the extent of the conflict when and if such application is allowed. 
Conflicting applications and offers for mineral

[[Page 200]]

leases and permits, except for preference right applicants, filed 
pursuant to the Mineral Leasing Act, whether filed prior to, 
simultaneously with, or after the filing of a selection under this part 
will be rejected when and if the selection is tentatively approved by 
the authorized officer of the Bureau of Land Management in accordance 
with paragraph (d) of this section.
    (3) Patents will be issued for all selections approved under the act 
by the authorized officer of the Bureau of Land Management but such 
patents will not issue unless or until the exterior boundaries of the 
selected area are officially surveyed.
    (4) (i) Where the State selects all the lands in a mineral lease, 
permit, license, or contract, issued under the Mineral Leasing Acts of 
1914 and 1920, the patent issued under the act will convey to the State 
all mineral deposits in the selected lands. Any such patent shall vest 
in the State all right, title, and interest of the United States in and 
to any such lease, permit, license, or contract that remains outstanding 
on the effective date of the patent, including the right to all rentals, 
royalties, and other payments accruing after that date under such lease, 
permit, license, or contract, and including any authority that may have 
been retained by the United States to modify the terms and conditions of 
such lease, permit, license, or contract. Issuance of patent will not 
affect the continued validity of any such lease, permit, license, or 
contract or any rights arising thereunder.
    (ii) Where the State selects a portion of the lands subject to a 
mineral lease, permit, license, or contract issued under the Mineral 
Leasing Acts of 1914 and 1920, the patent issued under the act shall 
reserve to the United States the mineral or minerals subject to that 
lease, permit, license, or contract, together with such further rights 
as may be necessary to the full and complete enjoyment of all rights, 
privileges, and benefits under or with respect to that lease, permit, 
license, or contracts. Upon the termination of the lease, permit, 
license, or contract, title to minerals so reserved to the United States 
shall pass to the State.
    (c) Applications for selection. (1) Applications for selection of 
lands under the act will be made by the proper selecting agent of the 
State and will be filed, in duplicate, in the proper office of the 
district in which such selected lands are situated. No special form is 
required but it must be typewritten and must contain the following 
information:
    (i) A reference to the Act of July 7, 1958 (70 Stat. 709), as 
supplemented, and a statement that the selection, together with other 
selections under the act pending or approved, does not exceed 
102,550,000 acres (400,000 acres where one of the grants for community 
purposes is involved).
    (ii) A certificate by the selecting agent showing:
    (a) That the selection is made under and pursuant to the laws of the 
State.
    (b) The acreage selected and the cumulative acreage of all prior 
selection lists pending and finally approved for clear-listing or 
patenting.
    (c) His official title and his authority to make the selection on 
behalf of the State.
    (d) That no portion of the selected land is occupied for any purpose 
by the United States and that to the best of his knowledge and belief 
the land is unoccupied, unimproved, and unappropriated by any person 
claiming the land other than the applicant, and that at the date of the 
application no part of the land claimed or occupied under the mining 
laws.
    (e) That the selected land does not extend more than 160 rods along 
the shore of any navigable water or that such restriction has been 
waived or should be waived. (Sec. 2094.2 of this chapter.)
    (f) All the facts relative to medicinal or hot springs or other 
waters upon the selected lands.
    (iii) If the selected lands are surveyed, the legal description of 
the lands in accordance with official plats of survey.
    (iv) If the selected lands are unsurveyed and are described by 
approved protraction diagrams of the rectangular system of surveys, such 
description is required.
    (v) If the selected lands are unsurveyed and are not described by

[[Page 201]]

approved protraction diagrams, a description of the lands and a map or 
maps, in duplicate, sufficient to permit ready identification of the 
location, boundaries, and area of the lands.
    (2) Selections must be accompanied by a filing fee of $10 for 5,760 
acres or fraction thereof in the selection which fee is not returnable.
    (3) All selections shall be made in reasonably compact tracts, 
taking into account the situation and potential uses of the lands 
involved. A tract will not be considered compact if it excludes other 
public lands available for selection within its exterior boundary. Each 
tract selected shall contain at least 5,760 acres unless isolated from 
other tracts open to selection.
    (4) If the selected lands are in the area north and west of the line 
described in section 10 of the Act, all selection made or confirmed by 
the act must be accompanied by a statement of the President or his 
designated representative showing that he approves the selection.
    (5) Section 2627.3(a)(1) and (c)(1)(ii) do not apply to the extent 
that an application embraces a reserved or retained interest.
    (d) Effect of approval of selections. Following the selection of 
lands by the State and the tentative approval of such selection by the 
authorized officer of the Bureau of Land Management, the State is 
authorized to execute conditional leases and to make conditional sales 
of such selected lands pending survey of the exterior boundaries of the 
selected area, if necessary, and issuance of patent. Said officer will 
notify the appropriate State official in writing of his tentative 
approval of a selection after determining that there is no bar to 
passing legal title to the lands to the State other than the need for 
the survey of the lands or for the issuance of patent or both.



Sec. 2627.4  All grants.

    (a) State preference right of selection: waivers. (1) The Act of 
July 7, 1958 (see Sec. 2627.3(a)), provide that upon the revocation of 
any order of withdrawal in Alaska, the order of revocation shall provide 
for a period of not less than 90 days before the date on which it 
otherwise becomes effective during which period the State of Alaska 
shall have a preferred right of selection under the acts of 1956 and 
1958, except as against prior existing valid rights, equitable claims 
subject to allowance and confirmation and other preferred rights of 
application conferred by law.
    (2) Where the proper selecting agent of the State files in writing 
in the proper office a waiver of the preference provisions of paragraph 
(a) of this section in connection with the proposed revocation of an 
order of withdrawal, the order affecting such revocation will not 
provide for such preference.
    (b) Segregative effect of applications. Lands desired by the State 
under the regulations of this part will be segregated from all 
appropriations based upon application or settlement and location, 
including locations under the mining laws, when the state files its 
application for selection in the proper office properly describing the 
lands as provided in Sec. 2627.3(c)(1) (iii), (iv), and (v). Such 
segregation will automatically terminate unless the State publishes 
first notice as provided by paragraph (c) of this section within 60 days 
of service of such notice by the appropriate officer of the Bureau of 
Land Management.
    (c) Publications and protests. (1) The State will be required to 
publish once a week for five consecutive weeks in accordance with 
Sec. 1824.4 of this chapter, at its own expense, in a designated 
newspaper, and in a designated form, a notice allowing all persons 
claiming the land adversely to file in the appropriate office their 
objections to the issuance of patent or certification for lands selected 
under the regulations of this part. A protestant must serve on the State 
a copy of the objections and furnish evidence of service to the proper 
office.
    (2) The State must file a statement of the publisher, accompanied by 
a copy of the notice published, showing that publication has been had 
for the required time.

[[Page 202]]



PART 2630--RAILROAD GRANTS--Table of Contents




       Subpart 2631--Patents for Lands Sold by Railroad Carriers 
                      (Transportation Act of 1940)

Sec.
2631.0-3  Authority.
2631.0-8  Lands for which applications may be made.
2631.1  Applications.
2631.2  Publication of notice.
2631.3  Surveying and conveyance fees.
2631.4  Patents.



       Subpart 2631--Patents for Lands Sold by Railroad Carriers 
                      (Transportation Act of 1940)

    Authority:  R.S. 2478; 43 U.S.C. 1201.

    Source:  35 FR 9613, June 13, 1970, unless otherwise noted.



Sec. 2631.0-3  Authority.

    Subsection (b) of section 321, Part II, Title III, of the 
Transportation Act of September 18, 1940 (54 Stat. 934; 49 U.S.C. 65), 
authorizes the issuance of patents for the benefit of certain innocent 
purchasers for value of land-grant lands from railroad carriers which 
have released their land-grant claims.

    Note: Notices of releases of land grant claims by railroad carriers 
listing the carriers, the date of the approval of the release and the 
land-grant predecessors involved dated Dec. 17, 1940, May 17, 1941, and 
June 29, 1942, appear at 6 FR 449, 2634, and 7 FR 5319.



Sec. 2631.0-8  Lands for which applications may be made.

    Subsection (b) of section 321, Part II, Title III, of the 
Transportation Act of 1940 provides that in the case of a railroad 
carrier, or a predecessor, which received a land grant to aid in the 
construction of any part of its railroad, the laws relating to 
compensation for certain Government transportation services shall 
continue to apply as though subsection (a) of section 321 had not been 
enacted unless the carrier shall file on or before September 18, 1941, 
with the Secretary of the Interior, in the form and manner prescribed by 
him, a release of any claim it may have to lands, interests in lands, 
compensation, or reimbursement on account of lands or interests in lands 
so granted, claimed to have been granted or claimed should have been 
granted. Section 321 provides further that nothing therein shall be 
construed as preventing the issuance of patents confirming the title to 
such uncertified or unpatented lands as the Secretary of the Interior 
shall find have been sold prior to September 18, 1940, to innocent 
purchasers for value. Subsection (b) of section 321 authorizing the 
issuance of such patents is not an enlargement of the grants, and does 
not extend them to lands not already covered thereby and, therefore, has 
no application to lands which for various reasons, such as mineral 
character, prior grants, withdrawals, reservations, or appropriation, 
were not subject to the grants. It does apply, however, to lands 
selected under remedial or lieu acts supplemental to the original grants 
as well as to primary and indemnity lands. Classification under section 
7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 1269), as amended 
by the Act of June 26, 1936 (49 Stat. 1976; 43 U.S.C. 315f), will not be 
required where the sold land is such as the company was authorized by 
law to select.



Sec. 2631.1  Applications.

    Application, and supporting evidence, must be filed by the carrier 
in the proper office, accompanied by a nonrefundable application service 
charge of $10. The lands listed in any one application must be limited 
to those embraced in a single sale upon which the claim for patent is 
based. The application should state that it is filed under the railroad 
land grant act involved, properly cited, and subsection (b) of section 
321, Part II, Title III of the Transportation Act of 1940 (54 Stat. 
954). The application must be supported by a showing that the land is of 
the character which would pass under the grant involved, and was not by 
some superior or prior claim, withdrawal, reservation, or other reason, 
excluded from the operation of the grant. Full details of the alleged 
sale must be furnished, such as dates, the terms thereof, the estate 
involved, consideration, parties, amounts and dates of payments, made, 
and amounts due, if any, description of the land, and transfers of

[[Page 203]]

title. The use, occupancy, and cultivation of the land and the 
improvements placed thereon by the alleged purchaser should be 
described. All statements should be duly corroborated. Available 
documentary evidence, including the contract or deed, should be filed, 
which may be authenticated copies of the originals. An abstract of title 
may be necessary, dependent upon the circumstances of the particular 
case. No application for a patent under this act will be favorably 
considered unless it be shown that the alleged purchaser is entitled 
forthwith to the estate and interest transferred by such patent. 
Evidence of a recorded deed of conveyance from the carrier to the 
purchaser may be required. Where the company has on file an application 
in which the sold lands embraced, it need not file a new application, 
but may file a request for amendment of the pending application to come 
under the Transportation Act of 1940, together with the showing, supra, 
required as to the bona fide sale.



Sec. 2631.2  Publication of notice.

    The authorizing officer shall direct the publication of notice of 
the application. The notice will be published at the carrier's expense 
in a newspaper of general circulation in the vicinity of the land. If a 
daily newspaper be designated, the notice should be published in the 
Wednesday issue for five consecutive weeks; if weekly, for five 
consecutive issues; and if semiweekly, in either issue for five 
consecutive weeks. The carrier must furnish evidence of such publication 
in due course. Notice need not be published, in case of amendment of a 
pending application, where publication has already been had.



Sec. 2631.3  Surveying and conveyance fees.

    The carrier must pay the cost of the survey of the land, paying also 
one-half the cost of any segregation survey in accordance with the laws 
and regulations pertaining to the survey and patenting of railroad 
lands. (See 43 U.S.C. 881 et seq.; also subpart 1822 of this chapter.)



Sec. 2631.4  Patents.

    If all be found regular and in conformity with the governing law and 
regulations, patent shall be issued in the name of the grantee under the 
railroad grant, the carrier paying the costs of preparation and issuance 
of the patent.



PART 2640--FAA AIRPORT GRANTS--Table of Contents




  Subpart 2640--Airport and Airway Improvement Act of September 3, 1982

Sec.
2640.0-1  Purpose.
2640.0-3  Authority.
2640.0-5  Definitions.
2640.0-7  Cross reference.

                        Subpart 2641--Procedures

2641.1  Request by Administrator for conveyance of property interest.
2641.2  Action on request.
2641.3  Publication and payment.
2641.4  Approval of conveyance.
2641.5  Reversion.

    Authority:  Sec. 516, Airport and Airway Improvement Act of 1982 (49 
U.S.C. 2215).

    Source:  51 FR 26894, July 28, 1986, unless otherwise noted.



  Subpart 2640--Airport and Airway Improvement Act of September 3, 1982



Sec. 2640.0-1  Purpose.

    This subpart sets forth procedures for the issuance of conveyance 
documents for lands under the jurisdiction of the Department of the 
Interior to public agencies for use as airports and airways.



Sec. 2640.0-3  Authority.

    Section 516 of the Airport and Airway Improvement Act of September 
3, 1982 (49 U.S.C. 2215).



Sec. 2640.0-5  Definitions.

    As used in this subpart, the term:
    (a) Act means section 516 of the Airport and Airway Improvement Act 
of September 3, 1982 (49 U.S.C. 2215).
    (b) Secretary means the Secretary of the Interior.

[[Page 204]]

    (c) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (d) Administrator means the person authorized by the Secretary of 
Transportation to administer the Act.
    (e) Applicant means any public agency as defined in Sec. 153.3 of 
Title 14 of the Code of Federal Regulations, which, either individually 
or jointly with other such public agencies, submits to the Administrator 
an application requesting that lands or interests in lands under the 
jurisdiction of the Department of the Interior be conveyed to such 
applicant under the Act.
    (f) Property interest means the title to or any other interest in 
lands or any easement through or other interest in air space.
    (g) Conveyance document means a patent, deed or similar instrument 
which transfers title to lands or interests in lands.



Sec. 2640.0-7  Cross reference.

    The regulations of the Federal Aviation Administration under the Act 
are found in 14 CFR part 153.



                        Subpart 2641--Procedures



Sec. 2641.1  Request by Administrator for conveyance of property interest.

    Each request by the Administrator in behalf of the applicant for 
conveyance of a property interest in lands under the jurisdiction of the 
Department of the Interior shall be filed with the State Office of the 
Bureau of Land Management having jurisdiction of the lands or interests 
in lands in duplicate, and shall contain the following:
    (a) A copy of the application filed by the requesting public agency 
with the Administrator.
    (b) A description of the lands or interests in lands, if surveyed, 
by legal subdivisions, specifying section, township, range, meridian and 
State. Unsurveyed lands shall be described by metes and bounds with a 
tie to a corner of the public-land surveys if within two miles; 
otherwise a tie shall be made to some prominent topographic feature and 
the approximate latitute and longitude shall be provided.



Sec. 2641.2  Action on request.

    (a) Upon receipt of the request from the Administrator, the 
authorized officer shall determine whether the requested conveyance is 
inconsistent with the needs of the Department of the Interior, or any 
agency thereof, and shall notify the Administrator of the determination 
within 4 months after receipt of the request. On determining that the 
conveyance is not inconsistent with the needs of the Department of the 
Interior, the authorized officer also shall determine what, if any, 
convenants, terms, conditions and reservations should be included in the 
conveyance, if made. Any conveyance shall be made subject to valid 
existing rights of record, and to those disclosed as a result of 
publication or otherwise.
    (b) Unless otherwise specifically provided by law, no conveyance 
shall be made of Federal lands within any national park, national 
monument, national recreation area, or similar area under the 
administration of the National Park Service; within any unit of the 
National Wildlife Refuge System or similar area under the jurisdiction 
of the United States Fish and Wildlife Service; within any area 
designated part of the National Wilderness Preservation System or any 
area designated as a wilderness study area; or within any national 
forest or Indian reservation.
    (c) The applicant shall, upon request by the authorized officer, 
submit a deposit in an amount determined by the authorized officer, to 
cover the administrative costs of processing the application, including 
the cost of survey, if one is necessary, and issuing of a document of 
conveyance. No document of conveyance shall be issued for unsurveyed 
lands. The processing of applications under this part shall be 
accomplished without any expense to the Bureau of Land Management.
    (d) Each applicant also shall pay the cost of publication of a 
notice in the Federal Register and in a newspaper of general circulation 
in the area in which the lands are located.



Sec. 2641.3  Publication and payment.

    (a) Prior to issuance of a conveyance document, the authorized 
officer shall

[[Page 205]]

publish a notice of realty action in the Federal Register and in a 
newspaper of general circulation in the area of the lands to be 
conveyed. The notice shall identify the lands proposed for conveyance 
and contain the terms, covenants, conditions and reservations to be 
included in the conveyance document. The notice shall provide public 
comment period of 45 days from the date of publication in the Federal 
Register. Comments shall be sent to the Bureau of Land Management office 
issuing the notice.
    (b) The notice of realty action may segregate the lands or interests 
in lands to be conveyed to the extent that they will not be subject to 
appropriation under the public land laws, including the mining laws. The 
segregative effect of the notice of realty action shall terminate either 
upon the issuance of a document of conveyance or 1 year after the date 
of publication, whichever occurs first.
    (c) The determination concerning the granting or denial of an 
application shall be sent by the authorized officer to the applicant and 
to any party who commented on the application.
    (d) The authorized officer shall advise the applicant whether any 
balance is due on the payments required of the applicant and of the time 
within which payment shall be made. Failure to pay the required amount 
within the allotted time shall constitute grounds for rejection of the 
application. If the applicant has deposited with the authorized officer 
an amount in excess of the payments required, the authorized officer 
shall so advise the applicant and return the excess payment.



Sec. 2641.4  Approval of conveyance.

    (a) Each conveyance document shall contain appropriate covenants, 
terms, conditions and reservations requested by the Administrator, and 
those required for protection of the Department of the Interior or any 
agency thereof.
    (b) Upon receipt of the payment required by Sec. 2641.2 (c) and (d) 
of this title and after consideration of comments received, the 
authorized officer shall make a decision upon the application. If the 
decision is to make a conveyance, the authorized officer shall send the 
conveyance document to the Attorney General of the United States for 
consideration. Upon approval by the Attorney General, the authorized 
officer shall issue the conveyance document.



Sec. 2641.5  Reversion.

    A conveyance shall be made only on the condition that, at the option 
of the Administrator, the property interest conveyed shall revert to the 
United States in the event that the lands in question are not developed 
for airport or airway purposes or are used in a manner inconsistent with 
the terms of the conveyance. If only a part of the property interest 
conveyed is not developed for airport purposes, or is used in a manner 
inconsistent with the terms of the conveyance, only that particular part 
shall, at the option of the Administrator, revert to the United States.



PART 2650--ALASKA NATIVE SELECTIONS--Table of Contents




            Subpart 2650--Alaska Native Selections: Generally

Sec.
2650.0-1  Purpose.
2650.0-2  Objectives.
2650.0-3  Authority.
2650.0-5  Definitions.
2650.0-7  References.
2650.0-8  Waiver.
2650.1  Provisions for interim administration.
2650.2  Application procedures for land selections.
2650.3  Lawful entries, lawful settlements, and mining claims.
2650.3-1  Lawful entries and lawful settlements.
2650.3-2  Mining claims.
2650.4  Conveyance reservations.
2650.4-1  Existing rights and contracts.
2650.4-2  Succession of interest.
2650.4-3  Administration.
2650.4-4  Revenues [Reserved]
2650.4-5  National forest lands.
2650.4-6  National wildlife refuge system lands.
2650.4-7  Public easements.
2650.5  Survey requirements.
2650.5-1  General.
2650.5-2  Rule of approximation.
2650.5-3  Regional surveys.
2650.5-4  Village surveys.
2650.5-5  Cemetery sites and historical places.

[[Page 206]]

2650.5-6  Adjustment to plat of survey.
2650.6  Selection limitations.
2650.7  Publication.
2650.8  Appeals.

                    Subpart 2651--Village Selections

2651.0-3  Authority.
2651.1  Entitlement.
2651.2  Eligibility requirements.
2651.3  Selection period.
2651.4  Selection limitations.
2651.5  Conveyance reservations.
2651.6  Airport and air navigation facilities.

                    Subpart 2652--Regional Selections

2652.0-3  Authority.
2652.1  Entitlement.
2652.2  Selection period.
2652.3  Selection limitations.
2652.4  Conveyance reservations.

                 Subpart 2653--Miscellaneous Selections

2653.0-3  Authority.
2653.0-5  Definitions.
2653.1  Conveyance limitations.
2653.2  Application procedures.
2653.3  Lands available for selection.
2653.4  Termination of selection period.
2653.5  Cemetery sites and historical places.
2653.6  Native groups.
2653.7  Sitka-Kenai-Juneau-Kodiak selections.
2653.8  Primary place of residence.
2653.8-1  Acreage to be conveyed.
2653.8-2  Primary place of residence criteria.
2653.8-3  Appeals.
2653.9  Regional selections.
2653.10  Excess selections.
2653.11  Conveyance reservations.

                      Subpart 2654--Native Reserves

2654.0-3  Authority.
2654.0-5  Definitions.
2654.1  Exercise of option.
2654.2  Application procedures.
2654.3  Conveyances.

                   Subpart 2655--Federal Installations

2655.0-3  Authority.
2655.0-5  Definitions.
2655.1  Lands subject to determination.
2655.2  Criteria for determinations.
2655.3  Determination procedures.
2655.4  Adverse decisions.

    Authority:  Sec. 25, Alaska Native Claims Settlement Act of December 
18, 1971; Administrative Procedure Act (5 U.S.C. 551 et seq.), unless 
otherwise noted.

    Source:  38 FR 14218, May 30, 1973, unless otherwise noted.



            Subpart 2650--Alaska Native Selections: Generally



Sec. 2650.0-1  Purpose.

    The purpose of the regulations in this part is to provide procedures 
for orderly and timely implementation of those provisions of the Alaska 
Native Claims Settlement Act of December 18, 1971 (43 U.S.C. 1601) which 
pertain to selections of lands and interests in lands in satisfaction of 
the land selections conferred by said Act upon Alaska Natives and Alaska 
Native corporations.



Sec. 2650.0-2  Objectives.

    The program of the Secretary is to implement such provisions in 
keeping with the congressional declaration of policy that the settlement 
of the Natives' aboriginal land claims be fair and just and that it be 
accomplished rapidly, with certainty, in conformity with the real 
economic and social needs of Natives, without litigation and with 
maximum participation by Natives in decisions affecting their rights and 
property.



Sec. 2650.0-3  Authority.

    Section 25 of the Alaska Native Claims Settlement Act of December 
18, 1971, authorizes the Secretary of the Interior to issue and publish 
in the Federal Register, pursuant to the Administrative Procedure Act (5 
U.S.C. 551, et seq.), such regulations as may be necessary to carry out 
the purposes of the act.



Sec. 2650.0-5  Definitions.

    (a) Act means the Alaska Native Claims Settlement Act of December 
18, 1971 (43 U.S.C. 1601) and any amendments thereto.
    (b) Secretary means the Secretary of the Interior or his authorized 
delegate.
    (c) Native means a Native as defined in section 3(b) of the Act.
    (d) Native village means any tribe, band, clan, group, village, 
community, or association in Alaska, as defined in section 3(c) of the 
Act.
    (e) Village corporation means a profit or nonprofit Alaska Native 
village corporation which is eligible under Sec. 2651.2

[[Page 207]]

of this chapter to select land and receive benefits under the act, and 
is organized under the laws of the State of Alaska in accordance with 
the provisions of section 8 of the Act.
    (f) Regional corporation means an Alaska Native regional corporation 
organized under the laws of the State of Alaska in accordance with the 
provisions of section 7 of the Act.
    (g) Public lands means all Federal lands and interests in lands 
located in Alaska (including the beds of all non-navigable bodies of 
water), except:
    (1) The smallest practicable tract, as determined by the Secretary, 
enclosing land actually used, but not necessarily having improvements 
thereon, in connection with the administration of a Federal 
installation; and,
    (2) Land selections of the State of Alaska which have been patented 
or tentatively approved under section 6(g) of the Alaska Statehood Act, 
as amended (72 Stat. 341; 77 Stat. 223; 48 U.S.C. Ch. 2), or identified 
for selection by the State prior to January 17, 1969, except as provided 
in Sec. 2651.4(a)(1) of this chapter.
    (h) Interim conveyance as used in these regulations means the 
conveyance granting to the recipient legal title to unsurveyed lands, 
and containing all the reservations for easements, rights-of-way, or 
other interests in land, provided by the act or imposed on the land by 
applicable law, subject only to confirmation of the boundary 
descriptions after approval of the survey of the conveyed land.
    (i) Patent as used in these regulations means the original 
conveyance granting legal title to the recipient to surveyed lands, and 
containing all the reservations for easements, rights-of-way, or other 
interests in land, provided by the act or imposed on the land by 
applicable law; or the document issued after approval of the survey by 
the Bureau of Land Management, to confirm the boundary description of 
the unsurveyed conveyed lands.
    (j) Conveyance as used in these regulations means the transfer of 
title pursuant to the provisions of the act whether by interim 
conveyance or patent, whichever occurs first.
    (k) National Wildlife Refuge System means all lands, waters, and 
interests therein administered on December 18, 1971, by the Secretary as 
wildlife refuges, areas for the protection and conservation of fish and 
wildlife that are threatened with extinction, wildlife ranges, game 
ranges, wildlife management areas, or waterfowl production areas, as 
provided in the Act of October 15, 1966, 80 Stat. 927, as amended by the 
Act of July 18, 1968, 82 Stat. 359 (16 U.S.C. 668dd).
    (l) Protraction diagram means the approved diagram of the Bureau of 
Land Management mathematical plan for extending the public land surveys 
and does not constitute an official Bureau of Land Management survey, 
and, in the absence of an approved diagram of the Bureau of Land 
Management, includes the State of Alaska protraction diagrams which have 
been authenticated by the Bureau of Land Management.
    (m) Date of filing shall be the date of postmark, except when there 
is no postmark, in which case it shall be the date of receipt in the 
proper office.
    (n) LUPC means the Joint Federal-State Land Use Planning Commission 
for Alaska.
    (o) Major waterway means any river, stream, or lake which has 
significant use in its liquid state by watercraft for access to publicly 
owned lands or between communities. Significant use means more than 
casual, sporadic or incidental use by watercraft, including floatplanes, 
but does not include use of the waterbody in its frozen state by 
snowmobiles, dogsleds or skiplanes. Designation of a river or stream as 
a major waterway may be limited to a specific segment of the particular 
waterbody.
    (p) Present existing use means use by either the general public 
which includes both Natives and non-Natives alike or by a Federal, 
State, or municipal corporation entity on or before December 18, 1976, 
or the date of selection, whichever is later. Past use which has long 
been abandoned shall not be considered present existing use.
    (q) Public easement means any easement reserved by authority of 
section 17(b) of the Act and under the criteria set forth in these 
regulations. It includes easements for use by the general

[[Page 208]]

public and easements for use by a specific governmental agency. Public 
easements may be reserved for transportation, communication and utility 
purposes, for air, light or visibility purposes, or for guaranteeing 
international treaty obligations.
    (r) Publicly owned lands means all Federal, State, or municipal 
corporation (including borough) lands or interests therein in Alaska, 
including public lands as defined herein, and submerged lands as defined 
by the Submerged Lands Act, 43 U.S.C. 1301, et seq.
    (s) Director means the Director, Bureau of Land Managment
    (t) Isolated tract means a tract of one or more contiguous parcels 
of publicly owned lands completely surrounded by lands held in nonpublic 
ownership or so effectively separated from other publicly owned lands as 
to make its use impracticable without a public easement for access.
    (u) State means the State of Alaska.
    (v) Native corporation means any Regional Corporation, any Village 
Corporation, Urban Corporation and any Native Group.
[38 FR 14218, May 30, 1973, as amended at 43 FR 55328, Nov. 27, 1978; 50 
FR 15547, Apr. 19, 1985]



Sec. 2650.0-7  References.

    (a) Native enrollment procedures are contained in 25 CFR part 
43h.\1\
---------------------------------------------------------------------------

    \1\ At 47 FR 13327, Mar. 30, 1982, part 43h of Title 25 was 
redesignated as part 69.
---------------------------------------------------------------------------

    (b) Withdrawal procedures are contained in part 2300 of this 
chapter.
    (c) Application procedures are contained in subpart 1821 of this 
chapter.
    (d) Appeals procedures are contained in 43 CFR part 4, subpart E.
    (e) Mineral patent application procedures are contained in part 3860 
of this chapter.


(43 U.S.C. 1601-1624)
[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]



Sec. 2650.0-8  Waiver.

    The Secretary may, in his discretion, waive any nonstatutory 
requirement of these regulations. When the rights of third parties will 
not be impaired, and when rapid, certain settlement of the claims of 
Natives will be assisted, minor procedural and technical errors should 
be waived.



Sec. 2650.1  Provisions for interim administration.

    (a) (1) Prior to any conveyance under the Act, all public lands 
withdrawn pursuant to sections 11, 14, and 16, or covered by section 19 
of the Act, shall be administered under applicable laws and regulations 
by the Secretary of the Interior, or by the Secretary of Agriculture in 
the case of national forest lands, as provided by section 22(i) of the 
Act. The authority of the Secretary of the Interior and of the Secretary 
of Agriculture to make contracts and to issue leases, permits, rights-
of-way, or easements is not impaired by the withdrawals.
    (2) (i) Prior to the Secretary's making contracts or issuing leases, 
permits, rights-of-way, or easements, the views of the concerned regions 
or villages shall be obtained and considered, except as provided in 
paragraph (a)(2)(ii) of this section.
    (ii) Prior to making contracts, or issuing leases, permits, rights-
of-way, or easements on lands subject to election pursuant to section 
19(b) of the Act, the Secretary shall obtain the consent of the 
representatives of the Natives living on those lands.
    (b) As provided in section 17(d)(3) of the Act, any lands withdrawn 
pursuant to section 17(d) shall be subject to administration by the 
Secretary under applicable laws and regulations and his authority to 
make contracts, and to issue leases, permits, rights-of-way, or 
easements shall not be impaired by the withdrawal. To the extent that 
any such land is also subject to the provisions of paragraph (a) of this 
section, the provisions of that subsection shall govern.
    (c) As provided in section 21(e) of the Act, so long as there are no 
substantial revenues from real property interests conveyed pursuant to 
this Act and the lands are not subject to State and local real property 
taxes, such lands shall continue to receive forest fire protection 
services from the United States at no cost. The Secretary will 
promulgate criteria, after consultation with the concerned Native 
corporations and the

[[Page 209]]

State of Alaska, for determining when substantial revenues are accruing 
as to lands for which forest fire protection services are furnished by 
the Department of the Interior and no discontinuance of such service 
will be ordered by the Secretary unless he finds, after notice and 
opportunity for submission of views, that such discontinuance is in 
conformity with the criteria.



Sec. 2650.2  Application procedures for land selections.

    (a) Applications for land selections must be filed on forms approved 
by the Director, Bureau of Land Management. Applications must be filed 
in accordance with subpart 1821 of this chapter.
    (b) Each regional corporation shall submit with its initial 
application under this section a copy of the resolution authorizing the 
individual filing the application to do so.
    (c) Each village corporation under subpart 2651 of this chapter must 
submit with its initial application under this section a certificate of 
incorporation, evidence of approval of its articles of incorporation by 
the regional corporation for that region, and a copy of the 
authorization of the individual filing the application to do so.
    (d) (1) Regional and village corporations authorized by the act 
subsequently filing additional or amendatory applications need only 
refer to the serial number of the initial filing.
    (2) Any change of the officer authorized to act for any corporation 
in the matter of land selections should be promptly submitted to the 
appropriate office of the Bureau of Land Management.
    (e) (1) If the lands applied for are surveyed, the legal description 
of the lands in accordance with the official plats of survey shall be 
used.
    (2) If the lands applied for are unsurveyed, they shall be described 
by protraction diagrams.
    (3) If the lands applied for are not surveyed and are not covered by 
protraction diagrams, they must be described by metes and bounds 
commencing at a readily identifiable topographic feature, such as a 
mountain peak, mouth of a stream, etc., or a monumented point of known 
position, such as a triangulation station, and the description must be 
accompanied by a topographic map delineating the boundary of the area 
applied for.
    (4) Where 1:63,360 U.S.G.S. quadrangle maps with the protraction 
diagram plotted thereon have been published, these maps shall be used to 
portray and describe the lands applied for. Where 1:63,360 U.S.G.S. 
quadrangle maps with the protraction diagram plotted thereon have not 
been published, then the 1:250,000 U.S.G.S. quadrangle maps with the 
protraction diagrams plotted thereon shall be used.
    (5) If the written description shown on the application and the map 
portrayal accompanying the application do not agree the delineation 
shown on the map shall be controlling.
    (f) The selected areas may be adjusted by the Secretary with the 
consent of the applicant and amendment of the application by the 
applicant, provided that the adjustment will not create an excess over 
the selection entitlement.



Sec. 2650.3  Lawful entries, lawful settlements, and mining claims.



Sec. 2650.3-1  Lawful entries and lawful settlements.

    (a) Pursuant to sections 14(g) and 22(b) of the Act, all conveyances 
issued under the act shall exclude any lawful entries or entries which 
have been perfected under, or are being maintained in compliance with, 
laws leading to the acquisition of title, but shall include land subject 
to valid existing rights of a temporary or limited nature such as those 
created by leases (including leases issued under section 6(g) of the 
Alaska Statehood Act), contracts, permits, rights-of-way, or easements.
    (b) The right of use and occupancy of persons who initiated lawful 
settlement or entry of land, prior to August 31, 1971, is protected: 
Provided, That:
    (1) Occupancy has been or is being maintained in accordance with the 
appropriate public land law, and
    (2) Settlement or entry was not in violation of Public Land Order 
4582, as amended. Any person who entered or settled upon land in 
violation of that public land order has gained no rights.
    (c) In the event land excluded from conveyance under paragraph (a) 
of this section reverts to the United States,

[[Page 210]]

the grantee or his successor in interest shall be afforded an 
opportunity to acquire such land by exchange pursuant to section 22(f) 
of the Act.



Sec. 2650.3-2  Mining claims.

    (a) Possessory rights. Pursuant to section 22(c) of the Act, on any 
lands to be conveyed to village or regional corporations, any person who 
prior to August 31, 1971, initiated a valid mining claim or location, 
including millsites, under the general mining laws and recorded notice 
thereof with the appropriate State or local office, shall not be 
challenged by the United States as to his possessory rights, if all 
requirements of the general mining laws are met. However, the validity 
of any unpatented mining claim may be contested by the United States, 
the grantee of the United States or its successor in interest, or by any 
person who may initiate a private contest. Contest proceedings and 
appeals therefrom shall be to the Interior Board of Land Appeals.
    (b) Patent requirements met. An acceptable mineral patent 
application must be filed with the appropriate Bureau of Land Management 
office not later than December 18, 1976, on lands conveyed to village or 
regional corporations.
    (1) Upon a showing that a mineral survey cannot be completed by 
December 18, 1976, the filing of an application for a mineral survey, 
which states on its face that it was filed for the purpose of proceeding 
to patent, will constitute an acceptable mineral patent application, 
provided all applicable requirements under the general mining laws have 
been met.
    (2) The failure of an applicant to prosecute diligently his 
application for mineral patent to completion will result in the loss of 
benefits afforded by section 22(c) of the Act.
    (3) The appropriate office of the Bureau of Land Management shall 
give notice of the filing of an application under this section to the 
village or regional corporation which has selection rights in the land 
covered by the application.
    (c) Patent requirements not met. Any mineral patent application 
filed after December 18, 1976, on land conveyed to any village or 
regional corporation pursuant to this Act, will be rejected for lack of 
departmental jurisdiction. After that date, patent applications may 
continue to be filed on land not conveyed to village or regional 
corporations until such land is conveyed.

(43 U.S.C. 1601-1624)
[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]



Sec. 2650.4  Conveyance reservations.



Sec. 2650.4-1  Existing rights and contracts.

    Any conveyance issued for surface and subsurface rights under this 
act will be subject to any lease, contract, permit, right-of-way, or 
easement and the rights of the lessee, contractee, permittee, or grantee 
to the complete enjoyment of all rights, privileges, and benefits 
thereby granted him.



Sec. 2650.4-2  Succession of interest.

    Upon issuance of any conveyance under this authority, the grantee 
thereunder shall succeed and become entitled to any and all interests of 
the State of Alaska or of the United States as lessor, contractor, 
permitter, or grantor, in any such lease, contract, permit, right-of-
way, or easement covering the estate conveyed, subject to the provisions 
of section 14(g) of the Act.



Sec. 2650.4-3  Administration.

    Leases, contracts, permits, rights-of-way, or easements granted 
prior to the issuance of any conveyance under this authority shall 
continue to be administered by the State of Alaska or by the United 
States after the conveyance has been issued, unless the responsible 
agency waives administration. Where the responsible agency is an agency 
of the Department of the Interior, administration shall be waived when 
the conveyance covers all the land embraced within a lease, contract, 
permit, right-of-way, or easement, unless there is a finding by the 
Secretary that the interest of the United States requires continuation 
of the administration by the United States. In the latter event, the 
Secretary shall not renegotiate or modify any lease, contract, right-of-
way or easement, or waive any right or

[[Page 211]]

benefit belonging to the grantee until he has notified the grantee and 
allowed him an opportunity to present his views.



Sec. 2650.4-4  Revenues. [Reserved]



Sec. 2650.4-5  National forest lands.

    Every conveyance which includes lands within the boundaries of a 
national forest shall, as to such lands, contain reservations that:
    (a) Until December 18, 1976, the sale of any timber from the land is 
subject to the same restrictions relating to the export of timber from 
the United States as are applicable to national forest lands in Alaska 
under rules and regulations of the Secretary of Agriculture; and,
    (b) Until December 18, 1983, the land shall be managed under the 
principles of sustained yield and under management practices for 
protection and enhancement of environmental quality no less stringent 
than such management practices on adjacent national forest lands.



Sec. 2650.4-6  National wildlife refuge system lands.

    (a) Every conveyance which includes lands within the national 
wildlife refuge system shall, as to such lands, provide that the United 
States has the right of first refusal so long as such lands remain 
within the system. The right of first refusal shall be for a period of 
120 days from the date of notice to the United States that the owner of 
the land has received a bona fide offer of purchase. The United States 
shall exercise such right of first refusal by written notice to the 
village corporation within such 120-day period. The United States shall 
not be deemed to have exercised its right of first refusal if the 
village corporation does not consummate the sale in accordance with the 
notice to the United States.
    (b) Every conveyance which covers lands lying within the boundaries 
of a national wildlife refuge in existence on December 18, 1971, shall 
provide that the lands shall remain subject to the laws and regulations 
governing use and development of such refuge so long as such lands 
remain in the refuge. Regulations governing use and development of 
refuge lands conveyed pursuant to section 14 shall permit such uses that 
will not materially impair the values for which the refuge was 
established.



Sec. 2650.4-7  Public easements.

    (a) General requirements. (1) Only public easements which are 
reasonably necessary to guarantee access to publicly owned lands or 
major waterways and the other public uses which are contained in these 
regulations, or to guarantee international treaty obligations shall be 
reserved.
    (2) In identifying appropriate public easements assessment shall be 
made in writing of the use and purpose to be accommodated.
    (3) The primary standard for determining which public easements are 
reasonably necessary for access shall be present existing use. However, 
a public easement may be reserved absent a demonstration of present 
existing use only if it is necessary to guarantee international treaty 
obligations, if there is no reasonable alternative route or site 
available, or if the public easement is for access to an isolated tract 
or area of publicly owned land. When adverse impacts on Native culture, 
lifestyle, and subsistence needs are likely to occur because of the 
reservation of a public easement, alternative routes shall be assessed 
and reserved where reasonably available. The natural environment and 
other relevant factors shall also be considered.
    (4) All public easements which are reserved shall be specific as to 
use, location, and size. Standard sizes and uses which are delineated in 
this subsection may be varied only when justified by special 
circumstances.
    (5) Transportation, communication, and utility easements shall be 
combined where the combination of such easements is reasonable 
considering the primary purposes for which easement is to be reserved.
    (6) Public easements may be reserved to provide access to present 
existing Federal, State, or municipal corporation sites; these sites 
themselves shall not be reserved as public easements. Unless otherwise 
justified, access to these sites shall be limited to government use.

[[Page 212]]

    (7) Scenic easements or easements for recreation on lands conveyed 
pursuant to the Act shall not be reserved. Nor shall public easements be 
reserved to hunt or fish from or on lands conveyed pursuant to the Act.
    (8) The identification of needed easements and major waterways shall 
include participation by appropriate Natives and Native corporations, 
LUPC, State, Federal agencies, and other members of the public.
    (9) After reviewing the identified easements needs, the Director 
shall tentatively determine which easements shall be reserved. Tentative 
determinations of major waterways shall also be made by the Director and 
shall apply to rivers, streams, and lakes. All lakes over 640 acres in 
size shall be screened to determine if they qualify as major waterways. 
Those smaller than 640 acres may be considered on a case-by-case basis. 
The Director shall issue a notice of proposed easements which notifies 
all parties that participated in the development of the easement needs 
and information on major waterways as to the tentative easement 
reservations and which directs that all comments be sent to the LUPC and 
the Director.
    (10) The State and the LUPC shall be afforded 90 days after notice 
by the Director to make recommendations with respect to the inclusion of 
public easements in any conveyance. If the Director does not receive a 
recommendation from the LUPC or the State within the time period herein 
called for, he may proceed with his determinations.
    (11) Prior to making a determination of public easements to be 
reserved, the Director shall review the recommendations of the LUPC, 
appropriate Native corporation(s), other Federal agencies, the State, 
and the public. Consideration shall be given to recommendations for 
public easement reservations which are timely submitted to the Bureau of 
Land Management and accompanied by written justification.
    (12) The Director, after such review, shall prepare a decision to 
convey that includes all necessary easements and other appropriate terms 
and conditions relating to conveyance of the land. If the decision 
prepared by the Director is contrary to the LUPC's recommendations, he 
shall notify the LUPC of the variance(s) and shall afford the LUPC 10 
days in which to document the reasons for its disagreement before making 
his final decision. The Director shall then issue a Decision to Issue 
Conveyance (DIC).
    (13) The Director shall terminate a public easement if it is not 
used for the purpose for which it was reserved by the date specified in 
the conveyance, if any, or by December 18, 2001, whichever occurs first, 
He may terminate an easement at any time if he finds that conditions are 
such that its retention is no longer needed for public use or 
governmental function. However, the Director shall not terminate an 
access easement to isolated tracts of publicly owned land solely because 
of the absence of proof of public use. Public easements which have been 
reserved to guarantee international treaty obligations shall not be 
terminated unless the Secretary determines that the reasons for such 
easements no longer justify the reservation. No public easement shall be 
terminated without proper notice and an opportunity for submission of 
written comments or for a hearing if a hearing is deemed to be necessary 
by either the Director or the Secretary.
    (b) Transportation easements. (1) Public easements for 
transportation purposes which are reasonably necessary to guarantee the 
public's ability to reach publicly owned lands or major waterways may be 
reserved across lands conveyed to Native corporations. Such purposes may 
also include transportation to and from communities, airports, docks, 
marine coastline, groups of private holdings sufficient in number to 
constitute a public use, and government reservations or installations. 
Public easements may also be reserved for railroads. If public easements 
are to be reserved, they shall:
    (i) Be reserved across Native lands only if there is no reasonable 
alternative route of transportation across publicly owned lands;
    (ii) Within the standard of reasonable necessity, be limited in 
number and not duplicative of one another (nonduplication does not 
preclude separate easements for winter and summer trails, if otherwise 
justified);

[[Page 213]]

    (iii) Be subject only to specific uses and sizes which shall be 
placed in the appropriate interim conveyance and patent documents;
    (iv) Follow existing routes of travel unless a variance is otherwise 
justified;
    (v) Be reserved for future roads, including railroads and roads for 
future logging operations, only if they are site specific and actually 
planned for construction within 5 years of the date of conveyance;
    (vi) Be reserved in topographically suitable locations whenever the 
location is not otherwise determined by an existing route of travel or 
when there is no existing site;
    (vii) Be reserved along the marine coastline only to preserve a 
primary route of travel between coastal communities, publicly owned 
uplands, or coastal communities and publicly owned uplands;
    (viii) Be reserved from publicly owned uplands to the marine 
coastline only if significant present existing use has occurred on those 
publicly owned lands below the line of mean high tide. However, for 
isolated tracts of publicly owned uplands, public easements may be 
reserved to provide transportation from the marine coastline if there is 
no other reasonable transportation route;
    (ix) Be reserved along major waterways only to provide short 
portages or transportation routes around obstructions. However, this 
condition does not preclude the reservation of a trail or road easement 
which happens to run alongside a waterway;
    (x) Not be reserved on the beds of major waterways except where use 
of the bed is related to road or trail purposes, portaging, or changing 
the mode of travel between water and land (e.g., launching or landing a 
boat); a specific portion of the bed or shore of the waterway which is 
necessary to provide portage or transportation routes around 
obstructions, including those that are dangerous or impassible or 
seasonably dangerous or impassible, may be reserved.
    (xi) Not be reserved on the beds of nonmajor waterways except where 
use of the beds is related to road or trail purposes. However, this 
exception shall not be used to reserve a continuous linear easement on 
the streambed to facilitate access by boat.
    (xii) Not be reserved simply to reflect patterns of Native use on 
Native lands;
    (xiii) Not be reserved for the purpose of protecting Native 
stockholders from their respective corporations;
    (xiv) Not be reserved on the basis of subsistence use of the lands 
of one village by residents of another village.
    (2) Transportation easements shall be limited to roads and sites 
which are related to access. The use of these easements shall be 
controlled by applicable Federal, State, or municipal corporation laws 
or regulations. The uses stated herein will be specified in the interim 
conveyance and patent documents as permitted uses of the easement.
    (i) The width of a trail easement shall be no more than 25 feet if 
the uses to be accommodated are for travel by foot, dogsleds, animals, 
snowmobiles, two and three-wheel vehicles, and small all-terrain 
vehicles (less than 3,000 lbs. G.V.W.);
    (ii) The width of a trail easement shall be no more than 50 feet if 
the uses to be accommodated are for travel by large all-terrain vehicles 
(more than 3,000 lbs. G.V.W.), track vehicles and 4-wheel drive 
vehicles, in addition to the uses included under paragraph (b)(2)(i) of 
this section;
    (iii) The width of an existing road easement shall be no more than 
60 feet if the uses to be accommodated are for travel by automobiles or 
trucks in addition to the uses included under paragraphs (b)(2) (i) and 
(ii) of this section. However, if an existing road is wider than 60 
feet, the specific public easement may encompass that wider width. For 
proposed roads, including U.S. Forest Service logging roads, the width 
of the public easement shall be 100 feet, unless otherwise justified. 
Prior to construction, trail uses which are included under paragraphs 
(b)(2) (i) and (ii) of this section may be permitted if otherwise 
justified and may continue if the road is not built. If after the road 
has been constructed a lesser width is sufficient to accommodate the 
road, the Director shall reduce the size of the easement to that width.
    (iv) The width of a proposed railroad easement shall be 100 feet on 
either

[[Page 214]]

side of the center line of any such railroad.
    (3) Site easements. Site easements which are related to 
transportation may be reserved for aircraft landing or vehicle parking 
(e.g., aircraft, boats, ATV's, cars, trucks), temporary camping, loading 
or unloading at a trail head, along an access route or waterway, or 
within a reasonable distance of a transportation route or waterway where 
there is a demonstrated need to provide for transportation to publicly 
owned lands or major waterways. Temporary camping, loading, or unloading 
shall be limited to 24 hours. Site easements shall not be reserved for 
recreational use such as fishing, unlimited camping, or other purposes 
not associated with use of the public easement for transportation. Site 
easements shall not be reserved for future logging or similar operations 
(e.g., log dumps, campsites, storage or staging areas). Before site 
easements are reserved on transportation routes or on major waterways, a 
reasonable effort shall be made to locate parking, camping, beaching, or 
aircraft landing sites on publicly owned lands; particularly, publicly 
owned lands in or around communities, or bordering the waterways. If a 
site easement is to be reserved, it shall:
    (i) Be subject to the provisions of paragraphs (b)(1) (ii), (iii), 
(vi), (xii), (xiii), and (xiv) of this section.
    (ii) Be no larger than one acre in size and located on existing 
sites unless a variance is in either instance, otherwise justified;
    (iii) Be reserved on the marine coastline only at periodic points 
along the coast where they are determined to be reasonably necessary to 
facilitate transportation on coastal waters or transportation between 
coastal waters and publicly owned uplands;
    (iv) Be reserved only at periodic points on major waterways. Uses 
shall be limited to those activities which are related to travel on the 
waterway or to travel between the waterway and publicly owned lands. 
Also, periodic site easements shall be those necessary to allow a 
reasonable pattern of travel on the waterway;
    (v) Be reserved for aircraft landing strips only if they have 
present significant use and are a necessary part of a transportation 
system for access to publicly owned lands and are not suitable for 
reservation under section 14(c)(4) of the Act. Any such easement shall 
encompass only that area which is used for takeoffs and landings and any 
clear space around such site that is needed for parking or public 
safety.
    (c) Miscellaneous easements. The public easements referred to in 
this subsection which do not fall into the categories above may be 
reserved in order to continue certain uses of publicly owned lands and 
major waterways. These public easements shall be limited in number. The 
identification and size of these public easements may vary from place to 
place depending upon particular circumstances. When not controlled by 
applicable law or regulation, size shall not exceed that which is 
reasonably necessary for the purposes of the identified easement. 
Miscellaneous easements may be reserved for the following purposes:
    (1) Public easements which are for utility purposes (e.g., water, 
electricity, communications, oil, gas, and sewage) may be reserved and 
shall be based upon present existing use. Future easements for these 
purposes may also be reserved, but only if they are site specific and 
actually planned for construction within 5 years of the date of 
conveyance;
    (2) Easements for air light or visibility purposes may be reserved 
if required to insure public safety or to permit proper use of 
improvements developed for public benefit or use; e.g., protection for 
aviation or navigation aids or communications sites;
    (3) Public easements may be reserved to guarantee international 
treaty obligations or to implement any agreement entered into between 
the United States and the Native Corporation receiving the conveyance. 
For example, the agreement of May 14, 1974, related to Naval Petroleum 
Reserve Number Four (redesignated June 1, 1977, as the National 
Petroleum Reserve-Alaska) between the United States Department of the 
Navy and the Arctic Slope Regional Corporation and four Native village 
corporations, shall be incorporated in the appropriate conveyances

[[Page 215]]

and the easements necessary to implement the agreement shall be 
reserved.
    (d) Conveyance provisions. (1) Public easement provisions shall be 
placed in interim conveyances and patents.
    (2) Permissible uses of a specific easement shall be listed in the 
appropriate conveyance document. The conveyance documents shall include 
a general provision which states that uses which are not specifically 
listed are prohibited.
    (3) The easements shall be identified on appropriate maps which 
shall be part of the pertinent interim conveyance and patent.
    (4) All public easement shall be reserved to the United States and 
subject, as appropriate, to further Federal, State, or municipal 
corporation regulation.
    (5) All conveyance documents shall contain a general provision which 
states that pursuant to section 17(b)(2) of the Act, any valid existing 
right recognized by the Act shall continue to have whatever right of 
access as is now provided for under existing law.
[43 FR 55329, Nov. 27, 1978]



Sec. 2650.5  Survey requirements.



Sec. 2650.5-1  General.

    (a) Selected areas are to be surveyed as provided in section 13 of 
the Act. Any survey or description used as a basis for conveyance must 
be adequate to identify the lands to be conveyed.
    (b) The following procedures shall be used to determine what acreage 
is not to be charged against Native entitlement:
    (1) For any approved plat of survey where meanderable water bodies 
were not segregated from the survey but were included in the calculation 
of acreage to be charged against the Native corporation's land 
entitlement, the chargeable acreage shall, at no cost to the Native 
corporation, be recalculated to conform to the principles contained in 
the Bureau of Land Management's Manual of Surveying Instructions, 1973, 
except as modified by this part. Pursuant to such principles, the 
acreage of meanderable water bodies, as modified by this part, shall not 
be included in the acreage charged against the Native corporation's land 
entitlement.
    (2) For any plat of survey approved after December 5, 1983, water 
bodies shall be meandered and segregated from the survey in accordance 
with the principles contained in the Bureau of Land Management's Manual 
of Surveying Instructions, 1973, as modified by this part, as the basis 
for determining acreage chargeability.
    (3) If title to lands beneath navigable waters, as defined in the 
Submerged Lands Act, of a lake less than 50 acres in size or a river or 
stream less than 3 chains in width did not vest in the State on the date 
of Statehood, such lake, river or stream shall not be meandered and 
shall be charged against the Native corporation's entitlement.
    (4) Any determinations of meanders which may be made pursuant to 
this paragraph shall not require monumentation on the ground unless 
specifically required by law or for good cause in the public interest.
[38 FR 14218, May 30, 1973, as amended at 50 FR 15547, Apr. 19, 1985]



Sec. 2650.5-2  Rule of approximation.

    To assure full entitlement, the rule of approximation may be applied 
with respect to the acreage limitations applicable to conveyances and 
surveys under this authority, i.e., any excess must be less than the 
deficiency would be if the smallest legal subdivision were eliminated 
(see 62 I.D. 417, 421).



Sec. 2650.5-3  Regional surveys.

    Lands to be conveyed to a regional corporation, when selected in 
contiguous units, shall be grouped together for the purpose of survey 
and surveyed as one tract, with monuments being established on the 
exterior boundary at angle points and at intervals of approximately 2 
miles on straight lines. If requested by the grantee, the Secretary may 
survey, insofar as practicable, the individual selections that comprise 
the total tract.



Sec. 2650.5-4  Village surveys.

    (a) Only the exterior boundaries of contiguous entitlements for each 
village corporation will be surveyed. Where land within the outer 
perimeter of a selection is not selected, the boundaries along the area 
excluded shall be deemed exterior boundaries.

[[Page 216]]

The survey will be made after the total acreage entitlement of the 
village has been selected.
    (b) Surveys will be made within the village corporation selections 
to delineate those tracts required by law to be conveyed by the village 
corporations pursuant to section 14(c) of the Act.
    (c) (1) The boundaries of the tracts described in paragraph (b) of 
this section shall be posted on the ground and shown on a map which has 
been approved in writing by the affected village corporation and 
submitted to the Bureau of Land Management. Conflicts arising among 
potential transferees identified in section 14(c) of the Act, or between 
the village corporation and such transferees, will be resolved prior to 
submission of the map. Occupied lots to be surveyed will be those which 
were occupied as of December 18, 1971.
    (2) Lands shown by the records of the Bureau of Land Management as 
not having been conveyed to the village corporation will be excluded by 
adjustments on the map by the Bureau of Land Management. No surveys 
shall begin prior to final written approval of the map by the village 
corporation and the Bureau of Land Management. After such written 
approval, the map will constitute a plan of survey. Surveys will then be 
made in accordance with the plan of survey. No further changes will be 
made to accommodate additional section 14(c) transferees, and no 
additional survey work desired by the village corporation or 
municipality within the area covered by the plan of survey or 
immediately adjacent thereto will be performed by the Secretary.



Sec. 2650.5-5  Cemetery sites and historical places.

    Only those cemetery sites and historical places to be conveyed under 
section 14(h)(1) of the Act shall be surveyed.



Sec. 2650.5-6  Adjustment to plat of survey.

    All conveyances issued for lands not covered by officially approved 
surveys of the Bureau of Land Management shall note that upon the filing 
of an official plat of survey, the boundary of the selected area, 
described in terms of protraction diagrams or by metes and bounds, shall 
be redescribed in accordance with the plats of survey. However, no 
change will be made in the land selected.



Sec. 2650.6  Selection limitations.

    (a) Notwithstanding any other provisions of the act, no village or 
regional corporation may select lands which are within 2 miles from the 
boundary of any home rule or first-class city (excluding boroughs) as 
the boundaries existed and the cities were classified on December 18, 
1971, or which are within 6 miles from the boundary of Ketchikan, except 
that a village corporation organized by Natives of a community which is 
itself a first class or home-rule city is not prohibited from making 
selections within 2 miles from the boundary of that first class or home-
rule city, unless such selections fall within 2 miles from the boundary 
of another first class or home-rule city which is not itself a Native 
village or within 6 miles from the boundary of Ketchikan.
    (b) Determination as to which cities were classified as home rule or 
first class as of December 18, 1971, and their boundaries as of that 
date will be made in accordance with the laws of the State of Alaska.
    (c) If any village corporation whose land withdrawals encompass 
Dutch Harbor is found eligible under this act, it may select lands 
pursuant to subpart 2651 of this chapter and receive a conveyance under 
the terms of section 14(a) of the Act.



Sec. 2650.7  Publication.

    In order to determine whether there are any adverse claimants to the 
land, the applicant should publish notice of his application. If the 
applicant decides to avail himself of the privilege of publishing a 
notice to all adverse claimants and requests it, the authorized officer 
will prepare a notice for publication. The publication will be in 
accordance with the following procedure:
    (a) The applicant will have the notice published allowing all 
persons claiming the land adversely to file in the appropriate land 
office their objections to the issuance of any conveyance. The notice 
shall be published once a week

[[Page 217]]

for 4 consecutive weeks in a newspaper of general circulation.
    (b) The applicant shall file a statement of the publisher, 
accompanied by a copy of the published notice, showing that publication 
has been had for 4 consecutive weeks. The applicant must pay the cost of 
publication.
    (c) Any adverse claimant must serve on the applicant a copy of his 
objections and furnish evidence of service thereof to the appropriate 
land office.
    (d) For all land selections made under the Act, in order to give 
actual notice of the decision of the Bureau of Land Management proposing 
to convey lands, the decision shall be served on all known parties of 
record who claim to have a property interest or other valid existing 
right in land affected by such decision, the appropriate regional 
corporation, and any Federal agency of record. In order to give 
constructive notice of the decision to any unknown parties, or to known 
parties who cannot be located after reasonable efforts have been 
expended to locate, who claim a property interest or other valid 
existing right in land affected by the decision, notice of the decision 
shall be published once in the Federal Register and, once a week, for 
four (4) consecutive weeks, in one or more newspapers of general 
circulation in the State of Alaska nearest the locality where the land 
affected by the decision is situated, if possible. Any decision or 
notice actually served on parties or constructively served on parties in 
accord with this subsection shall state that any party claiming a 
property interest in land affected by the decision may appeal the 
decision to the Board of Land Appeals. The decision or notice of 
decision shall also state that:
    (1) Any party receiving actual notice of the decision shall have 30 
days from the receipt of actual notice to file an appeal; and,
    (2) That any unknown parties, any parties unable to be located after 
reasonable efforts have been expended to locate, and any parties who 
failed or refused to sign a receipt for actual notice, shall have 30 
days from the date of publication in the Federal Register to file an 
appeal. Furthermore, the decision or notice of decision shall inform 
readers where further information on the manner of, and requirements 
for, filing appeal may be obtained, and shall also state that any party 
known or unknown who may claim a property interest which is adversely 
affected by the decision shall be deemed to have waived their rights 
which were adversely affected unless an appeal is filed in accordance 
with the requirements stated in the decisions or notices provided for in 
this subsection and the regulation governing such appeals set out in 43 
CFR part 4, subpart E.
[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976; 41 
FR 17909, Apr. 29, 1976; 49 FR 6373, Feb. 21, 1984]



Sec. 2650.8  Appeals.

    Any decision relating to a land selection shall become final unless 
appealed to the Board of Land Appeals by a person entitled to appeal, 
under, and in accordance with, subpart E of part 4, 43 CFR.

(43 U.S.C. 1601-1624)
[40 FR 33175, Aug. 6, 1975]



                    Subpart 2651--Village Selections



Sec. 2651.0-3  Authority.

    Sections 12 and 16(b) of the Act provide for the selection of lands 
by eligible village corporations.



Sec. 2651.1  Entitlement.

    (a) Village corporations eligible for land benefits under the Act 
shall be entitled to a conveyance to the surface estate in accordance 
with sections 14(a) and 16(b) of the Act.
    (b) In addition to the land benefits in paragraph (a) of this 
section, each eligible village corporation shall be entitled to select 
and receive a conveyance to the surface estate for such acreage as is 
reallocated to the village corporation in accordance with section 12(b) 
of the Act.



Sec. 2651.2  Eligibility requirements.

    (a) Pursuant to sections 11(b) and 16(a) of the Act, the Director, 
Juneau Area Office, Bureau of Indian Affairs, shall review and make a 
determination, not later than December 19, 1973, as to which villages 
are eligible for benefits under the act.

[[Page 218]]

    (1) Review of listed native villages. The Director, Juneau Area 
Office, Bureau of Indian Affairs, shall make a determination of the 
eligibility of villages listed in section 11(b)(1) and 16(a) of the Act. 
He shall investigate and examine available records and evidence that may 
have a bearing on the character of the village and its eligibility 
pursuant to paragraph (b) of this section.
    (2) Findings of fact and notice of proposed decision. After 
completion of the investigation and examination of records and evidence 
with respect to the eligibility of a village listed in sections 11(b)(1) 
and 16(a) of the Act for land benefits, the Director, Juneau Area 
Office, Bureau of Indian Affairs, shall publish in the Federal Register 
and in one or more newspapers of general circulation in Alaska his 
proposed decision with respect to such eligibility and shall mail a copy 
of the proposed decision to the affected village, all villages located 
in the region in which the affected village is located, all regional 
corporations within the State of Alaska and the State of Alaska. His 
proposed decision is subject to protest by any interested party within 
30 days of the publication of the proposed decision in the Federal 
Register. If no valid protest is received within the 30-day period, such 
proposed decision shall become final and shall be published in the 
Federal Register. If the final decision is in favor of a listed village, 
the Director, Juneau Area Office, Bureau of Indian Affairs, shall issue 
a certificate as to the eligibility of the village in question for land 
benefits under the act, and certify the record and the decision to the 
Secretary. Copies of the final decisions and certificates of village 
eligibility shall be mailed to the affected village, all villages 
located in the region in which the affected village is located, all 
regional corporations within the State of Alaska, and the state of 
Alaska.
    (3) Protest. Within 30 days from the date of publication of the 
proposed decision in the Federal Register, any interested party may 
protest a proposed decision as to the eligibility of a village. No 
protest shall be considered which is not accompanied by supporting 
evidence. The protest shall be mailed to the Director, Juneau Area 
Office, Bureau of Indian Affairs.
    (4) Action on protest. Upon receipt of a protest, the Director, 
Juneau Area Office, Bureau of Indian Affairs, shall examine and evaluate 
the protest and supporting evidence required herein, together with his 
record of findings of fact and proposed decision, and shall render a 
decision on the eligibility of the Native village that is the subject of 
the protest. Such decision shall be rendered within 30 days from the 
receipt of the protest and supporting evidence by the Director, Juneau 
Area Office, Bureau of Indian Affairs. The decision of the Director, 
Juneau Area Office, Bureau of Indian Affairs, shall be published in the 
Federal Register and in one or more newspapers of general circulation in 
the State of Alaska and a copy of the decision and findings of fact upon 
which the decision is based shall be mailed to the affected village, all 
villages located in the region in which the affected village is located, 
all regional corporations within the State of Alaska, the State of 
Alaska, and any other party of record. Such decision shall become final 
unless appealed to the Secretary by a notice filed within 30 days of its 
publication in the Federal Register in accordance with the regulations 
governing appeals set out in 43 CFR part 4, subpart E.
    (5) Action on appeals. Appeals shall be made to the Board of Land 
Appeals in accordance with subpart E of part 4 of this title. Decisions 
of the Board on village eligibility appeals are not final until 
personally approved by the Secretary.
    (6) Applications by unlisted villages for determination of 
eligibility. The head or any authorized subordinate officer of a Native 
village not listed in section 11(b) of the Act may file on behalf of the 
unlisted village an application for a determination of its eligibility 
for land benefits under the act. Such application shall be filed in 
duplicate with the Director, Juneau Area Office, Bureau of Indian 
Affairs, prior to September 1, 1973. If the application does not 
constitute prima facie evidence of compliance with the requirements of 
paragraph (b) of this section, he shall return the application to the 
party filing

[[Page 219]]

the same with a statement of reasons for return of the application, but 
such filing, even if returned, shall constitute timely filing of the 
application. The Director, Juneau Area Office, Bureau of Indian Affairs, 
shall immediately forward an application which appears to meet the 
criteria for eligibility to the appropriate office of the Bureau of Land 
Management for filing. Each application must identify the township or 
townships in which the Native village is located.
    (7) Segregation of land. The receipt of the selection application 
for filing by the Bureau of Land Management shall operate to segregate 
the lands in the vicinity of the village as provided in sections 
11(a)(1) and (2) of the Act.
    (8) Action on application for eligibility. Upon receipt of an 
application which appears to meet the criteria for eligibility, the 
Director, Juneau Area Office, Bureau of Indian Affairs, shall have a 
notice of the filing of the application published in the Federal 
Register and in one or more newspapers of general circulation in Alaska 
and shall promptly review the statements contained in the application. 
He shall investigate and examine available records and evidence that may 
have a bearing on the character of the village and its eligibility 
pursuant to this subpart 2651, and thereafter make findings of fact as 
to the character of the village. No later than December 19, 1973, the 
Director, Juneau Area Office, Bureau of Indian Affairs, shall make a 
determination as to the eligibility of the village as a Native village 
for land benefits under the act and shall issue a decision. He shall 
publish his decision in the Federal Register and in one or more 
newspapers of general circulation in Alaska and shall mail a copy of the 
decision to the representative or representatives of the village, all 
villages in the region in which the village is located, all regional 
corporations, and the State of Alaska.
    (9) Protest to eligibility determination. Any interested party may 
protest a decision of the Director, Juneau Area Office, Bureau of Indian 
Affairs, regarding the eligibility of a Native village for land benefits 
under the provisions of sections 11(b)(3)(A) and (B) of the Act by 
filing a notice of protest with the Director, Juneau Area Office, Bureau 
of Indian Affairs, within 30 days from the date of publication of the 
decision in the Federal Register. A copy of the protest must be mailed 
to the representative or representatives of the village, all villages in 
the region in which the village is located, all regional corporations 
within Alaska, the State of Alaska, and any other parties of record. If 
no protest is received within the 30-day period, the decision shall 
become final and the Director, Juneau Area Office, Bureau of Indian 
Affairs, shall certify the record and the decision to the Secretary. No 
protest shall be considered which is not accompanied by supporting 
evidence. Anyone protesting a decision concerning the eligibility or 
ineligibility of an unlisted Native village shall have the burden of 
proof in establishing that the decision is incorrect. Anyone appealing a 
decision concerning the eligibility or ineligibility of an unlisted 
Native village shall have the burden of proof in establishing that the 
decision is incorrect.
    (10) Action on protest appeal. Upon receipt of a protest, the 
Director, Juneau Area Office, Bureau of Indian Affairs, shall follow the 
procedure outlined in paragraph (a)(4) of this section. If an appeal is 
taken from a decision on eligibility, the provisions of paragraph (a)(5) 
of this section shall apply.
    (b) Except as provided in paragraph (b)(4) of this section, villages 
must meet each of the following criteria to be eligible for benefits 
under sections 14(a) and (b) of the Act:
    (1) There must be 25 or more Native residents of the village on 
April 1, 1970, as shown by the census or other evidence satisfactory to 
the Secretary. A Native properly enrolled to the village shall be deemed 
a resident of the village.
    (2) The village shall have had on April 1, 1970, an identifiable 
physical location evidenced by occupancy consistent with the Natives' 
own cultural patterns and life style and at least 13 persons who 
enrolled thereto must have used the village during 1970 as a place where 
they actually lived for a period of time: Provided, That no village 
which is known as a traditional village shall be disqualified if it 
meets

[[Page 220]]

the other criteria specified in this subsection by reason of having been 
temporarily unoccupied in 1970 because of an act of God or government 
authority occurring within the preceding 10 years.
    (3) The village must not be modern and urban in character. A village 
will be considered to be of modern and urban character if the Secretary 
determines that it possessed all the following attributes as of April 1, 
1970:
    (i) Population over 600.
    (ii) A centralized water system and sewage system that serves a 
majority of the residents.
    (iii) Five or more business establishments which provide goods or 
services such as transient accommodations or eating establishments, 
specialty retail stores, plumbing and electrical services, etc.
    (iv) Organized police and fire protection.
    (v) Resident medical and dental services, other than those provided 
by Indian Health Service.
    (vi) Improved streets and sidewalks maintained on a year-round 
basis.
    (4) In the case of unlisted villages, a majority of the residents 
must be Native, but in the case of villages listed in sections 11 and 16 
of the Act, a majority of the residents must be Native only if the 
determination is made that the village is modern and urban pursuant to 
paragraph (b)(3) of this section.


(43 U.S.C. 1601-1624)
[38 FR 14218, May 30, 1973, as amended at 40 FR 33175, Aug. 6, 1975; 49 
FR 6373, Feb. 21, 1984]



Sec. 2651.3  Selection period.

    Each eligible village corporation must file its selection 
application(s) not later than December 18, 1974, under sections 12(a) or 
16(b) of the Act; and not later than December 18, 1975, under section 
12(b) of the Act.



Sec. 2651.4  Selection limitations.

    (a) Each eligible village corporation may select the maximum surface 
acreage entitlement under sections 12(a) and (b) and section 16(b) of 
the Act. Village corporations selecting lands under sections 12(a) and 
(b) may not select more than:
    (1) 69,120 acres from land that, prior to January 17, 1969, has been 
selected by, or tentatively approved to, but not yet patented to the 
State under the Alaska Statehood Act; and
    (2) 69,120 acres of land from the National Wildlife Refuge System; 
and
    (3) 69,120 acres of land from the National Forest System.
    (b) To the extent necessary to obtain its entitlement, each eligible 
village corporation shall select all available lands within the township 
or townships within which all or part of the village is located, and 
shall complete its selection from among all other available lands. 
Selections shall be contiguous and, taking into account the situation 
and potential uses of the lands involved, the total area selected shall 
be reasonably compact, except where separated by lands which are 
unavailable for selection. The total area selected will not be 
considered to be reasonably compact if (1) it excludes other lands 
available for selection within its exterior boundaries; or (2) lands 
which are similar in character to the village site or lands ordinarily 
used by the village inhabitants are disregarded in the selection 
process; or (3) an isolated tract of public land of less than 1,280 
acres remains after selection.
    (c) The lands selected under sections 12(a) or (b) shall be in whole 
sections where they are available, or shall include all available lands 
in less than whole sections, and, wherever feasible, shall be in units 
of not less than 1,280 acres. Lands selected under section 16(b) of the 
Act shall conform to paragraph (b) of this section and shall conform as 
nearly as practicable to the U.S. land survey system.
    (d) Village corporation selections within sections 11 (a)(1) and 
(a)(3) areas shall be given priority over regional corporation 
selections for the same lands.
    (e) Village or regional corporations are not required to select 
lands within an unpatented mining claim or millsite. Unpatented mining 
claims and millsites shall be deemed to be selected, unless they are 
excluded from the selection by metes and bounds or other suitable 
description and there is attached to the selection application a copy of 
the notice of location and any

[[Page 221]]

amendments thereto. If the village or regional corporation selection 
omits lands within an unpatented mining claim or millsite, this will not 
be construed as violating the requirements for compactness and 
contiguity. If, during the selection period, the excepted mining claims 
or millsites are declared invalid, or under the State of Alaska mining 
laws are determined to be abandoned, the selection will no longer be 
considered as compact and contiguous. The corporation shall be required 
to amend its selection, upon notice from the authorized officer of the 
Bureau of Land Management, to include the lands formerly included in the 
mining claim or millsite. If the corporation fails to amend its 
selection to include such lands, the selection may be rejected.
    (f) Eligible village corporations may file applications in excess of 
their total entitlement. To insure that a village acquires its selection 
in the order of its priorities, it should identify its choices 
numerically in the order it wishes them granted. Such selections must be 
filed not later than December 18, 1974, as to sections 12(a) or 16(b) 
selections and December 18, 1975, as to section 12(b) selections.
    (g) Whenever the Secretary determines that a dispute exists between 
villages over land selection rights, he shall accept, but not act on, 
selection applications from any party to the dispute until the dispute 
has been resolved in accordance with section 12(e) of the Act.
    (h) Village or regional corporations may, but are not required to, 
select lands within pending Native allotments. If the village or 
regional corporation selection omits lands within a pending Native 
allotment, this will not be construed as violating the requirements for 
compactness and contiguity. If, during the selection period, the pending 
Native allotment is finally rejected and closed, the village or regional 
corporation may amend its selection application to include all of the 
land formerly in the Native allotment application, but is not required 
to do so to meet the requirements for compactness and contiguity.
[38 FR 14218, May 30, 1973, as amended at 39 FR 34543, Sept. 26, 1974; 
50 FR 15547, Apr. 19, 1985]



Sec. 2651.5  Conveyance reservations.

    In addition to the conveyance reservations in Sec. 2650.4 of this 
chapter, conveyances issued to village corporations shall provide for 
the transfer of the surface estates specified in section 14(c) of the 
Act, and shall be subject to valid existing rights under section 14(g) 
of the Act.



Sec. 2651.6  Airport and air navigation facilities.

    (a) Every airport and air navigation facility owned and operated by 
the United States which the Secretary determines is actually used in 
connection with the administration of a Federal program will be deemed a 
Federal installation under the provisions of section 3(e) of the Act, 
and the Secretary will determine the smallest practicable tract which 
shall enclose such Federal installations. Such Federal installations are 
not public lands as defined in the act and are therefore not lands 
available for selection under the provisions of these regulations.
    (b) The surface of all other lands of existing airport sites, airway 
beacons, or other navigation aids, together with such additional acreage 
or easements as are necessary to provide related services and to insure 
safe approaches to airport runways, shall be conveyed by the village 
corporation to the State of Alaska, and the Secretary will include in 
the conveyance to any village corporation any and all covenants which he 
deems necessary to insure the fulfillment of this obligation.



                    Subpart 2652--Regional Selections



Sec. 2652.0-3  Authority.

    Sections 12 (a)(1) and (c)(3) provide for selections by regional 
corporations; and sections 14 (e), (f), (h), (1), (2), (3), (5), and 
(8), provide for the conveyance to regional corporations of the selected 
surface and subsurface estates, as appropriate.

[[Page 222]]



Sec. 2652.1  Entitlement.

    (a) Eligible regional corporations may select the maximum acreage 
granted pursuant to section 12(c) of the Act. They will be notified by 
the Secretary of their entitlement as expeditiously as possible.
    (b) Where subsurface rights are not available to the eligible 
regional corporations in lands whose surface has been conveyed under 
section 14 of the Act, the regional corporations may select an equal 
subsurface acreage from lands withdrawn under sections 11(a) (1) and (3) 
of the Act, within the region, if possible.
    (c) As appropriate, the regional corporations will receive title to 
the subsurface estate of lands, the surface estate of which is conveyed 
pursuant to section 14 of the Act.
    (d) If a 13th regional corporation is organized under section 7(c) 
of the Act, it will not be entitled to any grant of lands.



Sec. 2652.2  Selection period.

    All regional corporations must file their selection applications not 
later than December 18, 1975, for lands other than those allocated under 
section 14(h)(8) of the Act.



Sec. 2652.3  Selection limitations.

    (a) To the extent necessary to obtain its entitlement, each regional 
corporation must select all available lands withdrawn pursuant to 
sections 11(a)(1)(B) and (C) of the Act, before selecting lands 
withdrawn pursuant to section 11(a)(3) of the Act, except that regional 
corporations selecting lands withdrawn pursuant to sections 11(a)(1) (B) 
and (C) may select only even-numbered townships in even-numbered ranges 
and only odd-numbered townships in odd-numbered ranges.
    (b) Village corporation selections within section 11(a)(1) and 
section 11(a)(3) areas shall be given priority over regional corporation 
selections for the same lands.
    (c) Whenever a regional selection is made in any township, the 
regional corporation shall select all available lands in that township: 
Provided, That such selection would not exceed the entitlement of that 
regional corporation.
    (d) Subsurface selections made by a regional corporation pursuant to 
section 12(a) of the Act shall be contiguous and the total area selected 
shall be reasonably compact, except as separated by subsurface interests 
that are not the property of the United States including subsurface 
interests under bodies of water, and the selection shall be in whole 
sections where they are available, or shall include all available 
subsurface interests in less than whole sections and, wherever feasible, 
shall be in units of not less than 1,280 acres. The total area selected 
shall not be considered to be reasonably compact if (1) it excludes 
other subsurface interests available for selection within its exterior 
boundaries; or (2) an isolated tract of subsurface interests owned by 
the United States of less than 1,280 acres remains after selection.
    (e) Regional corporations are not required to select lands within 
unpatented mining claims or millsites, as provided in Sec. 2651.4(e) of 
this chapter.
    (f) Regional corporations may file applications in excess of their 
total entitlement. To insure that a regional corporation acquires its 
selections in the order of its priorities, it should identify its 
choices numerically in the order it wishes them granted.



Sec. 2652.4  Conveyance reservations.

    In addition to the conveyance reservations in Sec. 2650.4 of this 
chapter, conveyances issued to regional corporations for the subsurface 
estate of lands whose surface has been conveyed to village corporations 
shall provide that the right to explore, develop, or remove minerals 
from the subsurface estate in the lands within the boundaries of any 
Native village shall be subject to the consent of the village 
corporation.



                 Subpart 2653--Miscellaneous Selections



Sec. 2653.0-3  Authority.

    Section 14(h) of the Act requires the Secretary to withdraw and to 
convey 2 million acres of unreserved and unappropriated public lands 
located outside the areas withdrawn by sections 11 and 16 of the Act. 
The Secretary will convey the land in part as follows:

[[Page 223]]

    (a) Title to existing cemetery sites and historical places to the 
regional corporations for the regions in which the lands are located;
    (b) Title to the surface estate to any Native group that qualifies 
pursuant to this subpart 2653;
    (c) Title to the surface estate of lands to the Natives residing in 
each of the cities of Sitka, Kenai, Juneau, and Kodiak, who have 
incorporated;
    (d) Title to the surface estate of land to a Native as a primary 
place of residence.
    (e) Title to the regional corporations for lands selected, if any 
remain, pursuant to section 14(h)(8) of the Act; and
    (f) Title to the subsurface estate to the regional corporations of 
lands conveyed under paragraphs (b) and (d) of this section and title to 
the regional corporations to the subsurface estate to those lands not 
located in a National Wildlife Refuge under paragraph (c) of this 
section.
[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.0-5  Definitions.

    (a) Cemetery site means a burial ground consisting of the gravesites 
of one or more Natives.
    (b) Historical place means a distinguishable tract of land or area 
upon which occurred a significant Native historical event, which is 
importantly associated with Native historical or cultural events or 
persons, or which was subject to sustained historical Native activity, 
but sustained Native historical activity shall not include hunting, 
fishing, berry-picking, wood gathering, or reindeer husbandry. However, 
such uses may be considered in the evaluation of the sustained Native 
historical activity associated with the tract or area.
    (c) Native group means any tribe, band, clan, village, community or 
village association of Natives composed of less than 25, but more than 3 
Natives, who comprise a majority of the residents of a locality and who 
have incorporated under the laws of the State of Alaska.
    (d) Primary place of residence means a place comprising a primary 
place of residence of an applicant on August 31, 1971, at which he 
regularly resides on a permanent or seasonal basis for a substantial 
period of time.
[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.1  Conveyance limitations.

    (a) Under section 14(h) of the Act, a total of 2 million acres may 
be selected for cemetery sites and historical places, Native groups, 
corporations formed by the Native residents of Sitka, Kenai, Juneau, and 
Kodiak, for primary places of residence, and for Native allotments 
approved as provided in section 18 of the Act. Selections must be made 
before July 1, 1976. Of this total amount:
    (1) 500,000 acres will be set aside to be used by the Secretary to 
satisfy applications filed pursuant to section 14(h) (1), (2), and (5) 
of the Act. The 500,000 acres will be allocated by: (i) Dividing 200,000 
acres among the regions based on the number of Natives enrolled in each 
region; and, (ii) dividing 300,000 acres equally among the regions;
    (2) 92,160 acres will be set aside for possible allocation by the 
Secretary to corporations formed by the Natives residing in Sitka, 
Kenai, Juneau, and Kodiak;
    (3) 400,000 acres will be set aside to be used by the Secretary to 
satisfy Native allotment applications approved prior to December 18, 
1975, under the Act of May 17, 1906 (34 Stat. 197), the Act of February 
8, 1887 (24 Stat. 389), as amended and supplemented, and the Act of June 
25, 1910 (36 Stat. 863). Any Native allotment applications pending 
before the Bureau of Indian Affairs or the Bureau of Land Management on 
December 18, 1971, will be considered as pending before the Department. 
Those allotment applications which have been determined to meet the 
requirements of the acts cited herein and for which survey has been 
requested before December 18, 1975, shall be considered approved under 
section 14(h)(6) of the Act and shall be charged against the acreage.
    (b) After subtracting the number of acres used in accordance with 
paragraph (a) of this section from 2 million acres, the remainder will, 
after July 1, 1976, be reallocated by the Secretary

[[Page 224]]

among the regional corporations in accordance with the number of Natives 
enrolled in each region.
    (c) No Native allotment applications pending before the Secretary on 
December 18, 1971, will be rejected solely for the reason that the 
acreage set aside by paragraph (a)(3) of this section has been 
exhausted.
[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.2  Application procedures.

    (a) All applications must be filed in accordance with the procedures 
in Sec. 2650.2(a) of this chapter.
    (b) Applications by corporations of Native groups under section 
14(h)(2) and by a Native for a primary place of residence under section 
14(h)(5) of the Act must be accompanied by written concurrence of the 
affected regional corporation. In the case of Native groups, such 
concurrence must also indicate how much land per member of the Native 
group, not to exceed 320 acres per member, the regional corporation 
recommends that the Secretary convey. Any application not accompanied by 
the necessary concurrence and recommendation of the affected region will 
be rejected.
    (c) Native groups, and Natives residing in Sitka, Kenai, Juneau, and 
Kodiak, as provided in sections 14(h) (2) and (3), respectively, must 
comply with the applicable terms of Sec. 2650.2(a), (c), (d), (e), and 
(f) of this chapter.
    (d) The filing of an application under the regulations of this 
section will constitute a request for withdrawal of the lands, and will 
segregate the lands from all other forms of appropriation under the 
public land laws, including the mining and mineral leasing laws, and 
from selection under the Alaska Statehood Act, as amended, subject to 
valid existing rights, but will not segregate the lands from selections 
under section 12 or 16 of the Act. The segregative effect of such an 
application will terminate if the application is rejected.



Sec. 2653.3  Lands available for selection.

    (a) Selection may be made for existing cemetery sites or historical 
places, Native groups, corporations formed by the Natives residing in 
Sitka, Kenai, Juneau, and Kodiak, and for primary places of residence, 
from any unappropriated and unreserved lands which the Secretary may 
withdraw for these purposes: Provided, That National Wildlife Refuge 
System lands and National Forest lands may be made available as provided 
by section 14(h)(7) of the Act and the regulations in this subpart. 
Selections for these purposes may also be made from any unappropriated 
and unreserved lands which the Secretary may withdraw from lands 
formerly withdrawn and not selected under section 16 of the Act and 
after December 18, 1975, from lands formerly withdrawn under section 
11(a)(1) or 11(a)(3) and not selected under sections 12 or 19 of the 
Act.
    (b) After December 18, 1975, selection of the lands allocated 
pursuant to Sec. 2653.1(b), shall be made from any lands previously 
withdrawn under sections 11 or 16 of the Act which are not otherwise 
appropriated.
    (c) A withdrawal made pursuant to section 17(d)(1) of the Act which 
is not part of the Secretary's recommendation to Congress of December 
18, 1973, on the four national systems shall not preclude a withdrawal 
pursuant to section 14(h) of the Act.
[41 FR 14737, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976]



Sec. 2653.4  Termination of selection period.

    Except as provided in Sec. 2653.10, applications for selections 
under this subpart will be rejected after all allocated lands, as 
provided in Sec. 2653.1, have been exhausted, or if the application is 
received after the following dates, whichever occurs first:
    (a) As to primary place of residence--December 18, 1973.
    (b) As to all recipients described in sections 14(h) (1), (2), and 
(3) of the Act--December 31, 1976.
    (c) As to all recipients under section 14(h)(8) of the Act and 
Sec. 2653.1(b)--September 18, 1978.
[41 FR 14737, Apr. 7, 1976, as amended at 41 FR 44041, Oct. 6, 1976; 43 
FR 11822, Mar. 22, 1978]



Sec. 2653.5  Cemetery sites and historical places.

    (a) The appropriate regional corporation may apply to the Secretary 
for the

[[Page 225]]

conveyance of existing cemetery sites or historical places pursuant to 
section 14(h) of the Act. The Secretary may give favorable consideration 
to these applications: Provided, That the Secretary determines that the 
criteria in these regulations are met: And provided further, That the 
regional corporation agrees to accept a covenant in the conveyance that 
these cemetery sites or historical places will be maintained and 
preserved solely as cemetery sites or historical places by the regional 
corporation, in accordance with the provisions for conveyance 
reservations in Sec. 2653.11.
    (b) A historical place may be granted in a National Wildlife Refuge 
or National Forest unless, in the judgment of the Secretary, the events 
or the qualities of the site from which it derives its particular value 
and significance as a historical place can be commemorated or found in 
an alternative site outside the refuge or forest, or if the Secretary 
determines that the conveyance could have a substantial detrimental 
effect on (1) a fish or wildlife population, (2) its habitat, (3) the 
management of such population or habitat, or (4) access by a fish or 
wildlife population to a critical part of its habitat.
    (c) Although the existence of a cemetery site or historical place 
and a proper application for its conveyance create no valid existing 
right, they operate to segregate the land from all other forms of 
appropriation under the public land laws. Conveyances of lands reserved 
for the National Wildlife Refuge System made pursuant to this subpart 
are subject to the provisions of section 22(g) of the Act and 
Sec. 2650.4-6 as though they were conveyances to a village corporation.
    (d) For purposes of evaluating and determining the eligibility of 
properties as historical places, the quality of significance in Native 
history or culture shall be considered to be present in places that 
possess integrity of location, design, setting, materials, workmanship, 
feeling and association, and:
    (1) That are associated with events that have made a significant 
contribution to the history of Alaskan Indians, Eskimos or Aleuts, or
    (2) That are associated with the lives of persons significant in the 
past of Alaskan Indians, Eskimos or Aleuts, or
    (3) That possess outstanding and demonstrably enduring symbolic 
value in the traditions and cultural beliefs and practices of Alaskan 
Indians, Eskimos or Aleuts, or
    (4) That embody the distinctive characteristics of a type, period, 
or method of construction, or that represent the work of a master, or 
that possess high artistic values, or
    (5) That have yielded, or are demonstrably likely to yield 
information important in prehistory or history.
    (e) Criteria considerations for historic places: Ordinarily, 
cemeteries, birthplaces, or graves of historical figures, properties 
owned by religious institutions or used for religious purposes, 
structures that have been moved from their original locations, 
reconstructed historic buildings, properties primarily commemorative in 
nature, and properties that have achieved significance within the past 
50 years shall not be considered eligible as a historical place unless 
they fall within one of the following categories:
    (1) A religious property deriving primary significance from 
architectural or artistic distinction or historical importance;
    (2) A building or structure removed from its original location but 
which is the surviving structure most importantly associated with a 
historic person or event;
    (3) A birthplace or grave of a historical figure of outstanding 
importance if there is no appropriate site or building directly 
associated with his productive life;
    (4) A cemetery which derives its primary significance from graves of 
persons of transcendent importance, from age, from distinctive design 
features, or from association with historic events;
    (5) A reconstructed building when accurately executed in a suitable 
environment and preserved in a dignified manner as part of a restoration 
master plan and when no other building or structure with the same 
association has survived;

[[Page 226]]

    (6) A property primarily commemorative in intent if design, age, 
tradition, or symbolic value has invested it with its own historical 
significance; or
    (7) A property achieving significance within the past 50 years if it 
is of exceptional importance.
    (f) Applications by a regional corporation under section 14(h)(1) of 
the Act for conveyance of existing cemetery sites or historical places 
within its boundaries shall be filed with the proper office of the 
Bureau of Land Management in accordance with Sec. 2650.2(a) of this 
chapter. The regional corporation shall include as an attachment to its 
application for a historical place a statement describing the events 
that took place and the qualities of the site from which it derives its 
particular value and significance as a historical place. In making the 
application, the regional corporation should identify accurately and 
with sufficient specificity the size and location of the site for which 
the application is made as an existing cemetery site or historical place 
to enable the Bureau of Land Management to segregate the proper lands. 
The land shall be described in accordance with Sec. 2650.2(e) of this 
chapter, except that if the site under application is less than 2.50 
acres or if it cannot be described by a protracted survey description, 
it shall be described by a metes and bounds description.
    (g) Upon receipt of an application for an existing cemetery site or 
historical place, the Bureau of Land Management shall segregate from all 
other appropriation under the public land laws the land which it 
determines, adequately encompasses the site described in the 
application.
    (h) Notice of filing of such application specifying the regional 
corporation, the size and location of the segregated lands encompassing 
the site for which application has been made, the date of filing, and 
the date by which any protest of the application must be filed shall be 
published once in the Federal Register and in one or more newspapers of 
general circulation in Alaska once a week for three consecutive weeks by 
the Bureau of Land Management. The Bureau of Land Management shall then 
forward the application to the Director, Juneau Area Office, Bureau of 
Indian Affairs, for investigation, report, and certification and supply 
a copy to the National Park Service. When an application pertains to 
lands within a National Wildlife Refuge or National Forest, the Bureau 
of Land Management shall also forward informational copies of the 
application and the size and location of segregated lands to the agency 
or agencies involved.
    (i) If, during its investigation, the Bureau of Indian Affairs finds 
that the location of the site as described in the application is in 
error, it shall notify the applicant, the Bureau of Land Management, and 
other affected Federal agencies, of such error. The applicant shall have 
60 days from receipt of such notice to file with the Bureau of Land 
Management an amendment to its application with respect to the location 
of the site. Upon acceptance of such amendment the Bureau of Land 
Management shall reprocess the application, including segregation of 
lands and publication of notice.
    (j) The Bureau of Indian Affairs shall identify on a map and mark on 
the ground, including gravesites or other important items, the location 
and size of the site or place with sufficient clarity to enable the 
Bureau of Land Management to locate on the ground said site or place. 
The Bureau of Indian Affairs, after consultation with the National Park 
Service and, in the case of refuges and forests, the agency or agencies 
involved, shall certify as to the existence of the site or place and 
that it meets the criteria in this subpart.
    (1) Cemetery sites. The Bureau of Indian Affairs shall certify 
specifically that the site is the burial place of one or more Natives. 
The Bureau of Indian Affairs shall determine whether the cemetery site 
is in active or inactive use, and if active, it shall estimate the 
degree of use by Native groups and villages in the area which it shall 
identify.
    (2) Historical places. The Bureau of Indian Affairs shall describe 
the events that took place and qualities of the site which give it 
particular value and significance as a historical place.
    (k) The Bureau of Indian Affairs shall submit its report and 
certification along with the written comments and

[[Page 227]]

recommendations of the National Park Service and any other Federal 
agency, to the Bureau of Land Management. If the land is available, the 
Bureau of Land Management shall issue a decision to convey. However, 
where the issues in Sec. 2653.5(b) are raised by the reports of the Fish 
and Wildlife Service or the Forest Service, the State Director, Bureau 
of Land Management shall submit the record including a land status 
report, to the Secretary for a resolution of any conflicts. If the land 
is available for that purpose, the Secretary shall make his 
determination to convey or not to convey the site to the applicant.
    (l) The decision of the Bureau of Land Management or the Secretary 
shall be served on the applicant and all parties of record in accordance 
with the provisions of 43 CFR part 4, subpart E and shall be published 
in accordance with Sec. 2650.7 of this part. The decision of the Bureau 
of Land Management shall become final unless appealed to the Board of 
Land Appeals in accordance with 43 CFR part 4, subpart E. Any agency 
adversely affected by the certification of BIA or the decision of the 
Bureau of Land Management may also appeal the matter to the Board of 
Land Appeals. After a decision to convey an existing cemetery site or 
historical place has become final, the Bureau of Land Management shall 
adjust the segregation of the lands to conform with said conveyance.
    (m) For inactive cemeteries, the boundaries of such cemetery sites 
shall include an area encompassing all actual gravesites including a 
reasonable buffer zone of not more than 66 feet. For active cemeteries, 
the boundaries of such sites shall include an area of actual use and 
reasonable future expansion of not more than 10 acres, but the BLM in 
consultation with any affected Federal agency may include more than 10 
acres upon a determination that special circumstances warrant it. For 
historical places, the boundaries shall include an area encompassing the 
actual site with a reasonable buffer zone of not more than 330 feet.
[41 FR 14738, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976, as amended at 41 
FR 49487, Nov. 9, 1976]



Sec. 2653.6  Native groups.

    (a) Eligibility. (1) The head or any authorized representative of a 
Native group incorporated pursuant to section 14(h)(2) of the Act may 
file on behalf of the group an application for a determination of its 
eligibility under said section of the Act. Such application shall be 
filed in duplicate with the appropriate officer, Bureau of Land 
Management, prior to April 16, 1976, in accordance with Sec. 2650.2(a) 
of this chapter. Upon serialization of the application, the Bureau of 
Land Management office will forward a copy of such application to the 
Director, Juneau Area Office, Bureau of Indian Affairs, who shall 
investigate and report the findings of fact required to be made herein 
to the Bureau of Land Management with a certification thereof. A copy of 
an application by a group located within a National Wildlife Refuge or a 
National Forest will be furnished to the appropriate agency 
administering the area.
    (2) Each application must identify the section, township, and range 
in which the Native group is located, and must be accompanied by a list 
of the names of the Native members of the group, a listing of permanent 
improvements and periods of use of the locality by members, a conformed 
copy of the group's article of incorporation, and the regional 
corporation's concurrence and recommendation under Sec. 2653.2(b).
    (3) Notice of the filing of such application specifying the date of 
such filing, the identity and location of the Native group, and the date 
by which any protest of the application must be filed shall be prepared 
by the Bureau of Indian Affairs and shall be published once in the 
Federal Register and in one or more newspapers of general circulation in 
Alaska once a week for three consecutive weeks by the Bureau of Land 
Management. Any protest to the application shall be filed with the 
Bureau of Indian Affairs within the time specified in the notice.
    (4) The Bureau of Indian Affairs shall investigate and determine 
whether each member of a Native group formed pursuant to section 
14(h)(2) of the Act is enrolled pursuant to section 5 of the Act. The 
Bureau of Indian Affairs shall determine whether the members of the

[[Page 228]]

Native group actually reside in and are enrolled to the locality 
specified in its application. The Bureau of Indian Affairs shall specify 
the number and names of Natives who actually reside in and are enrolled 
to the locality, including children who are members of the group and who 
are temporarily elsewhere for purposes of education, and it shall 
further determine whether the members of the Native group constitute the 
majority of the residents of the locality where the group resides. The 
Bureau of Indian Affairs shall determine and identify the exterior 
boundaries of the Native group's locality and the location of all those 
permanent structures of the Native group used as dwelling houses.
    (5) The Native group must have an identifiable physical location. 
The members of the group must use the group locality as a place where 
they actually live in permanent structures used as dwelling houses. The 
group must have the character of a separate community, distinguishable 
from nearby communities, and must be composed of more than a single 
family or household. Members of a group must have enrolled to the 
group's locality pursuant to section 5 of the Act, must actually have 
resided there as of the 1970 census enumeration date, and must have 
lived there as their principal place of residence since that date.
    (6) The Bureau of Indian Affairs shall issue its certification, 
containing its findings of fact required to be made herein and its 
determination of the eligibility of the Native group, except it shall 
issue a certification of ineligibility when it is notified by the Bureau 
of Land Management that the land is unavailable for selection by such 
Native group. It shall send a copy thereof by certified mail to the 
Bureau of Land Management, the Native group, its regional corporation 
and any party of record.
    (7) Appeals concerning the eligibility of a Native group may be made 
to the Board of Land Appeals in accordance with 43 CFR part 4, subpart 
E.
    (b) Selections. (1) Native group selections shall not exceed the 
amount recommended by the regional corporation or 320 acres for each 
Native member of a group, or 7,680 acres for each Native group, 
whichever is less. Any acreage selected in excess of that number shall 
be identified as alternate selections and shall be numerically ordered 
to indicate selection preference. Native groups will not receive land 
benefits unless the land which is occupied by their permanent structures 
used as dwelling houses is available, or in the case where such land is 
not State or federally owned, the land which is contiguous to and 
immediately surrounds the land occupied by their permanent structures 
used as dwelling houses is available, and is not within a wildlife 
refuge or forest, pursuant to section 14(h) of the Act. Public lands 
which may be available for this purpose are set forth in Sec. 2653.3 (a) 
and (c). Conveyances of lands reserved for the National Wildlife Refuge 
System made pursuant to this part are subject to the provisions of 
section 22(g) of the Act and Sec. 2650.4-6 of this chapter as though 
they were conveyances to a village corporation.
    (2) Upon receipt of the applications of a Native group for a 
determination of its eligibility under section 14(h)(2) of the Act, the 
Bureau of Land Management shall segregate the land encompassed within 
the group locality from land available for that purpose pursuant to 
Sec. 2653.6(b)(1). However, segregation of land for Native groups whose 
dwelling structures are located outside but adjacent to a National 
Wildlife Refuge or National Forest shall not include such reserved land, 
unless the Native group's dwelling structures are located on land 
excepted from the Kodiak National Wildlife Refuge pursuant to Public 
Land Order 1634 (FR Doc. 58-3696, filed May 16, 1958).
    (3) The Bureau of Indian Affairs shall visit the locality of the 
group and shall recommend to the Bureau of Land Management the manner in 
which the segregation should be modified to encompass the residences of 
as many members as possible while allowing for the inclusion of the land 
most intensively used by members of the Native group. The recommended 
segregation must be contiguous and as compact as possible. The Bureau of 
Land Management may segregate the land accordingly provided such lands 
are otherwise available in accordance with paragraph

[[Page 229]]

(b) (1) and (b)(2). If the Bureau of Land Management finds the lands are 
unavailable for selection by a Native group, it shall notify the Bureau 
of Indian Affairs.
    (4) Selections shall be made from lands segregated for that purpose 
and shall be filed prior to July 1, 1976. Selections shall be contiguous 
and taking into account the situation and potential uses of the lands 
involved, the total area selected shall be reasonably compact except 
where separated by lands which are unavailable for selection. The total 
area selected will not be considered to be reasonably compact if (i) it 
excludes other lands available for selection within its exterior 
boundaries; or (ii) an isolated tract of public land of less than 640 
acres remains after selection. The lands selected shall be in quarter 
sections where they are available unless the exhaustion of the acreage 
which the group may be entitled to select does not permit the selection 
of a quarter section and shall include all available lands in less than 
quarter sections. Lands selected shall conform as nearly as practicable 
to the United States land survey system.
    (5) A Native group whose eligibility has not been finally determined 
may file its land selections as if it were determined to be eligible. 
The Bureau of Land Management shall release from segregation the lands 
not selected and shall continue segregation of the selected land until 
the lands are conveyed or the group is finally determined to be 
ineligible. However, in the case of a group determined to be ineligible 
by the Board of Land Appeals, the segregation shall be continued for a 
period of 60 days from the date of such decision.
    (6) Where any conflict in land selection occurs between any eligible 
Native groups, the Bureau of Land Management shall request the 
appropriate regional corporation to recommend the manner in which such 
conflict should be resolved.
    (7) The Bureau of Land Management shall issue a decision on the 
selection of a Native group determined to be eligible and shall serve a 
copy of such decision by certified mail on the Native group, its 
regional corporation and any party of record and the decision shall be 
published in accordance with Sec. 2650.7 of this part.
    (8) Appeals from the Bureau of Land Management decision on the 
selection by a Native group under this section shall be made to the 
Board of Land Appeals in accordance with 43 CFR part 4, subpart E.
[41 FR 14739, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]



Sec. 2653.7  Sitka-Kenai-Juneau-Kodiak selections.

    (a) The corporations representing the Natives residing in Sitka, 
Kenai, Juneau, and Kodiak, who incorporate under the laws of the State 
of Alaska, may each select the surface estate of up to 23,040 acres of 
lands of similar character located in reasonable proximity to those 
municipalities.
    (b) The corporations representing the Natives residing in Sitka, 
Kenai, Juneau, and Kodiak, shall nominate not less than 92,160 acres of 
lands within 50 miles of each of the four named cities which are similar 
in character to the lands in which each of the cities is located. After 
review and public hearings, the Secretary shall withdraw up to 46,080 
acres near each of the cities from the lands nominated. Each corporation 
representing the Native residents of the four named cities may select 
not more than one-half the area withdrawn for selection by that 
corporation. The Secretary shall convey the area selected.



Sec. 2653.8  Primary place of residence.

    (a) An application under this subpart may be made by a Native who 
occupied land as a primary place of residence on August 31, 1971.
    (b) Applications for a primary place of residence must be filed not 
later than December 18, 1973.



Sec. 2653.8-1  Acreage to be conveyed.

    A Native may secure title to the surface estate of only a single 
tract not to exceed 160 acres under the provisions of this subpart, and 
shall be limited to the acreage actually occupied and used. An 
application for title under this subpart shall be accompanied by a 
certification by the applicant that he will not receive title to any 
other tract of land

[[Page 230]]

pursuant to sections 14 (c)(2), (h)(2), or 18 of the Act.



Sec. 2653.8-2  Primary place of residence criteria.

    (a) Periods of occupancy. Casual or occasional use will not be 
considered as occupancy sufficient to make the tract applied for a 
primary place of residence.
    (b) Improvements constructed on the land. (1) Must have a dwelling.
    (2) May include associated structures such as food cellars, drying 
racks, caches etc.
    (c) Evidence of occupancy. Must have evidence of permanent or 
seasonal occupancy for substantial periods of time.



Sec. 2653.8-3  Appeals.

    Appeals from decisions made by the Bureau of Land Management on 
applications filed pursuant to section 14(h)(5) of the Act shall be made 
to the Board of Land Appeals in accordance with 43 CFR part 4, subpart 
E.
[41 FR 14740, Apr. 7, 1976]



Sec. 2653.9  Regional selections.

    (a) Applications by a regional corporation for selection of land 
within its boundaries under section 14(h)(8) of the Act shall be filed 
with the proper office of the Bureau of Land Management in accordance 
with Sec. 2650.2(a). Selections made under section 14(h)(1), (2), (3), 
and (5) of the Act will take priority over selections made pursuant to 
section 14(h)(8). Lands available for section 14(h)(8) selections are 
those lands originally withdrawn under section 11(a)(1), (3), or 16(a) 
of the Act and not conveyed pursuant to selections made under sections 
12(a), (b), or (c), 16(b) or 19 of the Act.
    (b) A regional corporation may select a total area in excess of its 
entitlement to ensure that it will obtain its entitlement in the event 
of any conflicts. Any acreage in excess of its entitlement shall be 
identified as alternate selections and shall be numerically ordered on a 
section by section basis to indicate selection preference.
    (c) Selections need not be contiguous but must be made along section 
lines in reasonably compact tracts of at least 5,760 acres, not 
including any unavailable land contained therein. The exterior 
boundaries of such tracts shall be in linear segments of not less than 
two miles in length, except where adjoining unavailable lands or where 
shorter segments are necessary to follow section lines where township 
lines are offset along standard parallels caused by the convergence of 
the meridians. However, selected tracts may contain less than 5,760 
acres where there is good cause shown for such selection, taking into 
consideration good land management planning and principles for the 
potentially remaining public lands, and which would not leave unduly 
fragmented tracts of such public lands. Each tract selected shall not be 
considered to be reasonably compact if (1) it excludes other lands for 
selection within its exterior boundaries, or (2) an isolated tract of 
public land of less than 1,280 acres remains after selection of the 
total entitlement. Regional corporations shall not be precluded from 
selecting less than 5,760 acres where the entire tract available for 
selection constitutes less than 5,760 acres. Selection shall conform as 
nearly as practicable to the United States land survey system.
    (d) Notice of the filing of such selections, including the date by 
which any protest of the selection should be filed, shall be published 
once in the Federal Register and one or more newspapers of general 
circulation in Alaska once a week for three consecutive weeks by the 
Bureau of Land Management. Any protest to the application should be 
filed in the Bureau of Land Management office in which such selections 
were filed within the time specified in the notice.
    (e) Appeals from decisions made by the Bureau of Land Management 
with respect to such selections shall be made to the Board of Land 
Appeals in accordance with 43 CFR part 4, subpart E.
[41 FR 14740, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]



Sec. 2653.10  Excess selections.

    Where land selections by a regional corporation, Native group, any 
of the four named cities, or a Native pursuant to section 14(h) (1), 
(2), (3), or (5) exceed the land entitlement, the Bureau of

[[Page 231]]

Land Management may request such corporation to indicate its preference 
among lands selected.
[41 FR 14740, Apr. 7, 1976]



Sec. 2653.11  Conveyance reservations.

    (a) Conveyances issued pursuant to this subpart are subject to the 
conveyance reservations described in Sec. 2650.4 of this chapter.
    (b) In addition to the reservations provided in paragraph (a) of 
this section, conveyance for cemetery sites or historical places will 
contain a covenant running with the land providing that (1) the regional 
corporation shall not authorize mining or mineral activity of any type; 
nor shall it authorize any use which is incompatible with or is in 
derogation of the values of the area as a cemetery site or historical 
place (standards for determining uses which are incompatible with or in 
derogation of the values of the area are found in relevant portions of 
36 CFR 800.9 (1974); and (2) that the United States reserves the right 
to seek enforcement of the covenant in an action in equity. The covenant 
placed in this subsection may be released by the Secretary, in his 
discretion, upon application of the regional corporation grantee showing 
that extraordinary to circumstances of a nature to warrant the release 
have arisen subsequent to the conveyance.
    (c) Conveyances for cemetery sites and historical places shall also 
contain the covenant required by Sec. 2650.4-6 of this chapter.
[38 FR 14218, May 30, 1973. Redesignated and amended at 41 FR 14740, 
Apr. 7, 1976]



                      Subpart 2654--Native Reserves



Sec. 2654.0-3  Authority.

    Section 19(b) of the Act authorizes any village corporation(s) 
located within a reserve defined in the act to acquire title to the 
surface and subsurface estates in any reserve set aside for the use and 
benefit of its stockholders or members prior to December 18, 1971. Such 
acquisition precludes any other benefits under the Act.



Sec. 2654.0-5  Definitions.

    Reserve lands means any lands reserved prior to the date of 
enactment of the act which are subject to being taken in lieu of other 
benefits under the act pursuant to section 19(b) of the Act.



Sec. 2654.1  Exercise of option.

    (a) Any village corporation which has not, by December 18, 1973, 
elected to acquire title to the reserve lands will be deemed to have 
elected to receive for itself and its members the other benefits under 
the Act.
    (b) The election of a village to acquire title to the reserve lands 
shall be exercised in the manner provided by its articles of 
incorporation. However when two or more villages are located on the same 
reserve there must be a special election to acquire title to the reserve 
lands. A majority vote of all the stockholders or members of all 
corporations located on the reserve is required to acquire title to the 
reserve lands. For the purpose of this paragraph the stockholders or 
members shall be determined on the basis of the roll of village 
residents proposed to be promulgated under 25 CFR 43h.7.\1\ The regional 
corporation or village corporations or any member or stockholder of the 
village corporations involved may request that the election be observed 
by the Bureau of Indian Affairs.
---------------------------------------------------------------------------

    \1\ At 47 FR 13327, Mar. 30, 1982, Sec. 43h.7 of Title 25 was 
redesignated as Sec. 69.7.
---------------------------------------------------------------------------

    (c) The results of any election by a village corporation or 
corporations to acquire title to the reserve lands shall be certified by 
such village corporation or corporations as being in conformity with the 
articles of incorporation and by-laws of the village corporation or 
corporations.



Sec. 2654.2  Application procedures.

    (a) If the corporation or corporations elect to take title to the 
reserve lands, submission to the Secretary of the certificate of 
election will constitute an application to acquire title to those lands.
    (b) If the village corporation or corporations do not elect to take 
the reserve lands, they shall apply for their

[[Page 232]]

land selections pursuant to subpart 2651 of this chapter.



Sec. 2654.3  Conveyances.

    (a) Conveyances under this subpart are subject to the provisions of 
section 14(g) of the Act, as provided by Sec. 2650.4 of this chapter.
    (b) Conveyances under this subpart to two or more village 
corporations will be made to them as tenants-in-common, having undivided 
interests proportionate to the number of their respective members or 
stockholders determined on the basis of the final roll promulgated by 
the Secretary pursuant to section 5 of the Act.



                   Subpart 2655--Federal Installations

    Authority:  Alaska Claims Settlement Act of 1971 (43 U.S.C. 1601 et 
seq.).

    Source:  45 FR 70206, Oct. 22, 1980, unless otherwise noted.



Sec. 2655.0-3  Authority.

    Section 3(e)(1) of the Act provides that the Secretary shall 
determine the smallest practicable tract enclosing land actually used in 
connection with the administration of Federal installations in Alaska.



Sec. 2655.0-5  Definitions.

    As used in this subpart, the term:
    (a) Holding agency means any Federal agency claiming use of a tract 
of land subject to these regulations.
    (b) Appropriate selection period means the statutory or regulatory 
period within which the lands were available for Native selection under 
the act.
    (c) State Director means the Director, Alaska State Office, Bureau 
of Land Management.



Sec. 2655.1  Lands subject to determination.

    (a) Holding agency lands located within areas withdrawn by sections 
11(a)(1), 16(a), or 16(d) of the Act and subsequently selected by a 
village or regional corporation under sections 12 or 16, or selected by 
the regional corporation under sections 12 or 16, or selected by the 
regional corporation for southeast Alaska in accordance with section 
14(h)(8)(B) are subject to a determination made under this subpart.
    (b) Lands in the National Park System, lands withdrawn or reserved 
for national defense purposes and those former Indian reserves elected 
under section 19 of the Act are not subject to a determination under 
section 3(e)(1) of the Act or this subpart. Lands withdrawn under 
section 11(a)(3) or 14(h), except 14(h)(8)(B), of the Act do not include 
lands withdrawn or otherwise appropriated by a Federal agency and, 
therefore, are not subject to a determination under section 3(e)(1) of 
the Act or this subpart.



Sec. 2655.2  Criteria for determinations.

    Land subject to determination under section 3(e)(1) of the Act will 
be subject to conveyance to Native corporations if they are determined 
to be public lands under this subpart. If the lands are determined not 
to be public lands, they will be retained by the holding agency. The 
Bureau of Land Management shall determine:
    (a) Nature and time of use.
    (1) If the holding agency used the lands for a purpose directly and 
necessarily connected with the Federal agency as of December 18, 1971; 
and
    (2) If use was continuous, taking into account the type of use, 
throughout the appropriate selection period; and
    (3) If the function of the holding agency is similiar to that of the 
Federal agency using the lands as of December 18, 1971.
    (b) Specifications for area to be retained by Federal agency.
    (1) Area shall be no larger than reasonably necessary to support the 
agency's use.
    (2) Tracts shall be described by U.S. Survey (or portion thereof), 
smallest aliquot part, metes and bounds or protraction diagram, as 
appropriate.
    (3) Tracts may include:
    (i) Improved lands;
    (ii) Buffer zone surrounding improved lands as is reasonably 
necessary for purposes such as safety measures, maintenance, security, 
erosion control, noise protection and drainage;
    (iii) Unimproved lands used for storage;
    (iv) Lands containing gravel or other materials used in direct 
connection

[[Page 233]]

with the agency's purpose and not used simply as a source of revenue or 
services. The extent of the areas reserved as a source of materials will 
be the area disturbed but not depleted as of the date of the end of the 
appropriate selection period; and
    (v) Lands used by a non-governmental entity or private person for a 
use that has a direct, necessary and substantial connection to the 
purpose of the holding agency but shall not include lands from which 
proceeds of the lease, permit, contract, or other means are used 
primarily to derive revenue.
    (c) Interest to be retained by Federal agency.
    (1) Generally, full fee title to the tract shall be retained; 
however, where the tract is used primarily for access, electronic, light 
or visibility clear zones or right-of-way, an easement may be reserved 
in lieu of full fee title where the State Director determines that an 
easement affords sufficient protection, that an easement is customary 
for the particular use and that it would further the objectives of the 
act.
    (2) Easements reserved in lieu of full fee title shall be reserved 
under the provisions of section 17(b) of the Act and Sec. 2650.4-7 of 
this title.



Sec. 2655.3  Determination procedures.

    (a) The State Director shall make the determination pursuant to the 
provisions in this subpart. Where sufficient information has not already 
been provided, the State Director shall issue written notice to any 
Federal agency which the Bureau of Land Management has reason to believe 
might be a holding agency. The written notice shall provide that the 
information requested be furnished in triplicate to the State Director 
within 90 days from the receipt of the notice. Upon receipt of 
information the State Director will promptly provide affected Native 
corporations with copies of the documents. Upon adequate and justifiable 
showing as to the need for an extension by the holding agency, the State 
Director may grant a time extension up to 60 days to provide the 
information requested in this subpart.
    (b) The information to be provided by the holding agency shall 
include the following for each tract which is subject to determination:
    (1) The function and scope of the installation;
    (2) A plottable legal description of the lands used;
    (3) A list of structures or other alterations to the character of 
lands and their function, their location on the tract, and date of 
construction;
    (4) A description of the use and function of any unaltered lands;
    (5) A list of any rights, interests or permitted uses the agency has 
granted to others, including other Federal agencies, along with dates of 
issuance and expiration and copies of any relevant documents;
    (6) If available, site plans, drawings and annotated aerial 
photographs delineating the boundaries of the installation and locations 
of the areas used; and
    (7) A narrative explanation stating when Federal use of each area 
began; what use was being made of the lands as of December 18, 1971; 
whether any action has taken place between December 18, 1971, and the 
end of the appropriate selection period that would reduce the area 
needed, and the date this action occurred.
    (c) The State Director shall request comments from the selecting 
Native corporation relating to the identification of lands requiring a 
determination. The period for comment by the Native corporation shall be 
as provided for the agency in paragraph (a) of this section, but shall 
commence from the date of receipt of the latest copy of the holding 
agency's submission.
    (d) The holding agency has the burden of proof in proceedings before 
the State Director under this subpart. A determination of the lands to 
be retained by the holding agency under section 3(e) of the Act and this 
subpart shall be made based on the information available in the case 
file. If the holding agency fails to present adequate information on 
which to base a determination, all lands selected shall be approved for 
conveyance to the selecting Native corporation.
    (e) The results of the determination shall be incorporated into 
appropriate decision documents.

[[Page 234]]



Sec. 2655.4  Adverse decisions.

    (a) Any decision adverse to the holding agency or Native corporation 
shall become final unless appealed to the Board of Land Appeals in 
accordance with 43 CFR part 4, subpart E. If a decision is appealed, the 
Secretary may take personal jurisdiction over the matter in accordance 
with 43 CFR 4.5. In the case of appeals from affected Federal agencies, 
the Secretary may take jurisdiction upon written request from the 
appropriate cabinet level official. The requesting official, the State 
Director and any affected Native corporation shall be notified in 
writing of the Secretary's decision regarding the request for 
Secretarial jurisdiction and the reasons for the decision shall be 
communicated in writing to the requesting agency and any other parties 
to the appeal.
    (b) When an appeal to a decision to issue a conveyance is made by a 
holding agency or a Native corporation on the basis that the Bureau of 
Land Management neglected to make a determination pursuant to section 
3(e)(1) of the Act, the matter shall be remanded by the Board of Land 
Appeals to the Bureau of Land Management for a determination pursuant to 
section 3(e)(1) of the Act and these regulations: Provided, That the 
holding agency or Native corporation has reasonably satisfied the Board 
that its claim is not frivolous.



                     Group 2700--Disposition; Sales

    Note: The information collection requirements contained in parts 
2720 and 2740 of Group 2700 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3507 and assigned clearance 
numbers 1004-0153 and 1004-0012, respectively. The information is being 
collected to permit the authorized officer to determine if disposition 
of Federally-owned mineral interests should be made and to determine if 
disposition of public lands should be made for recreation and public 
purposes. This information will be used to make these determinations. A 
response is required to obtain a benefit.

(See 51 FR 9657, Mar. 20, 1986)



PART 2710--SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT--Table of Contents




                 Subpart 2710--Sales: General Provisions

Sec.
2710.0-1  Purpose.
2710.0-2  Objective.
2710.0-3  Authority.
2710.0-5  Definitions.
2710.0-6  Policy.
2710.0-8  Lands subject to sale.

                     Subpart 2711--Sales: Procedures

2711.1  Initiation of sale.
2711.1-1  Identification of tracts by land use planning.
2711.1-2  Notice of realty action.
2711.1-3  Sales requiring grazing permit or lease cancellations.
2711.2  Qualified conveyees.
2711.3  Procedures for sale.
2711.3-1  Competitive bidding.
2711.3-2  Modified bidding.
2711.3-3  Direct sales.
2711.4  Compensation for authorized improvements.
2711.4-1  Grazing improvements.
2711.4-2  Other private improvements.
2711.5  Conveyance documents.
2711.5-1  Mineral reservation.
2711.5-2  Terms, convenants, conditions, and reservations.
2711.5-3  Notice of conveyance.

    Authority:  43 U.S.C. 1713, 1740.

    Source:  45 FR 39418, June 10, 1980, unless otherwise noted.



                 Subpart 2710--Sales: General Provisions



Sec. 2710.0-1  Purpose.

    The regulations in this part implement the sale authority of section 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701, 1713).



Sec. 2710.0-2  Objective.

    The objective is to provide for the orderly disposition at not less 
than fair market value of public lands identified for sale as part of 
the land use planning process.



Sec. 2710.0-3  Authority.

    (a) The Secretary of the Interior is authorized by the Federal Land 
Policy and Management Act of 1976 (43 U.S.C.

[[Page 235]]

1701, 1713), to sell public lands where, as a result of land use 
planning, it is determined that the sale of such tract meets any or all 
of the following disposal criteria:
    (1) Such tract was acquired for a specific purpose and the tract is 
no longer required for that or any other Federal purpose; or
    (2) Disposal of such tract shall serve important public objectives, 
including but not limited to, expansion of communities and economic 
development, which cannot be achieved prudently or feasibly on lands 
other than public lands and which outweigh other public objectives and 
values, including, but not limited to, recreation and scenic values, 
which would be served by maintaining such tract in Federal ownership; or
    (3) Such tract, because of its location or other characteristics is 
difficult and uneconomic to manage as part of the public lands and is 
not suitable for management by another Federal department or agency.
    (b) The Secretary of the Interior is authorized by section 310 of 
the Federal Land Policy and Management Act (43 U.S.C. 1740) to 
promulgate rules and regulations to carry out the purpose of the Act.



Sec. 2710.0-5  Definitions.

    As used in this part, the term
    (a) Public lands means any lands and interest in lands owned by the 
United States and administered by the Secretary through the Bureau of 
Land Management except:
    (1) Lands located on the Outer Continental Shelf;
    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
    (b) Secretary means the Secretary of the Interior.
    (c) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (d) Act means the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701).
    (e) Family sized farm means the unit of public lands determined to 
be chiefly valuable for agriculture, and that is of sufficient size, 
based on land use capabilities, development requirements and economic 
capability, to provide a level of net income, after payment of expenses 
and taxes, which will sustain a family sized agribusiness operation 
above the poverty level for a rural farm family of 4 as determined by 
the Bureau of Labor Statistics, U.S. Department of Labor, for the 
calender year immediately preceeding the year of the proposed sale under 
the regulations of this part. The determination of the practical size is 
an economic decision to be made on a local area basis considering, but 
not limited to, factors such as: Climatic conditions, soil character, 
availability of irrigation water, topography, usual crop(s) of the 
locale, marketability of the crop(s), production and development costs, 
and other physical characteristics which shall give reasonable assurance 
of continued production under proper conservation management.



Sec. 2710.0-6  Policy.

    (a) Sales under this part shall be made only in implementation of an 
approved land use plan or analysis in accordance with part 1600 of this 
title.
    (b) Public lands determined to be suitable for sale shall be offered 
only on the initiative of the Bureau of Land Management. Indications of 
interest to have specific tracts of public lands offered for sale shall 
be accomplished through public input to the land use planning process. 
(See Secs. 1601.1-1 and 1601.8 of this title). Nominations or requests 
to have specific tracts of public lands offered for sale may also be 
made by direct request to the authorized officer.
    (c)(1) The Federal Land Policy and Management Act (43 U.S.C. 
1713(f)) provides that sales of public lands under this section shall be 
conducted under competitive bidding procedures established by the 
Secretary. However, where the Secretary determines it necessary and 
proper in order to assure equitable distribution among purchasers of 
lands, or to recognize equitable considerations or public policies, 
including, but not limited to, a preference to users, lands may be sold 
by modified competitive bidding or without competitive bidding. In 
recognizing public

[[Page 236]]

policies, the Secretary shall give consideration to the following 
potential purchasers:
    (i) The State in which the lands are located;
    (ii) The local government entities in such State which are in 
vicinity of the lands;
    (iii) Adjoining landowners;
    (iv) Individuals; and
    (v) Any other person.
    (2) When a parcel of land meets the sale criteria of section 203 of 
the Federal Land Policy and Management Act (43 U.S.C. 1713), several 
factors shall be considered in determining the method of sale. These 
factors include, but are not limited to: Competitive interest; needs of 
State and local governments; adjoining landowners; historical uses; and 
equitable distribution of land ownership.
    (3) Three methods of sale are provided for in Sec. 2711.3 of this 
title: competitive; modified competitive; and direct (non-competitive). 
The policy for selecting the method of sale is:
    (i) Competitive sale as provided in Sec. 2711.3-1 of this title is 
the general procedure for sales of public lands and may be used where 
there would be a number of interested parties bidding for the lands and 
(A) wherever in the judgment of the authorized officer the lands are 
accessible and usable regardless of adjoining land ownership and (B) 
wherever the lands are within a developing or urbanizing area and land 
values are increasing due to their location and interest on the 
competitive market.
    (ii) Modified competitive sales as provided in Sec. 2711.3-2 of this 
title may be used to permit the existing grazing user or adjoining 
landowner to meet the high bid at the public sale. This procedure will 
allow for limited competitive sales to protect on-going uses, to assure 
compatibility of the possible uses with adjacent lands, and avoid 
dislocation of existing users. Lands offered under this procedure would 
normally be public lands not located near urban expansion areas, or with 
rapidly increasing land values, and existing use of adjacent lands would 
be jeopardized by sale under competitive bidding procedures.
    (iii) Direct sale as provided in Sec. 2711.3-3 of this title may be 
used when the lands offered for sale are completely surrounded by lands 
in one ownership with no public access, or where the lands are needed by 
State or local governments or non-profit corporations, or where 
necessary to protect existing equities in the lands or resolve 
inadvertent unauthorized use or occupancy of said lands.
    (4) When lands have been offered for sale by one method of sale and 
the lands remain unsold, then the lands may be reoffered by another 
method of sale.
    (5) In no case shall lands be sold for less than fair market value.
    (d) Sales of public lands determined to be chiefly valuable for 
agriculture shall be no larger than necessary to support a family-sized 
farm.
    (e) The sale of family-sized farm units, at any given sale, shall be 
limited to one unit per bidder and one unit per family. The limit of one 
unit per family is not to be be construed as limiting children eighteen 
years or older from bidding in their own right.
    (f) Sales under this part shall not be made at less than fair market 
value. Such value is to be determined by an appraisal performed by a 
Federal or independent appraiser, as determined by the authorized 
officer, using the principles contained in the Uniform Appraisal 
Standards for Federal Land Acquisitions. The value of authorized 
improvements owned by anyone other than the United States upon lands 
being sold shall not be included in the determination of fair market 
value. Technical review and approval for conformance with appraisal 
standards shall be conducted by the authorized officer.
    (g) Constraint and discretion shall be used with regard to the 
terms, covenants, conditions and reservations authorized by section 208 
of the Act that are to be in sales patents and other conveyance 
documents, except where inclusion of such provisions is required by law 
or for protection of valid existing rights.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29014, July 17, 1984; 
49 FR 29795, July 24, 1984]

[[Page 237]]



Sec. 2710.0-8  Lands subject to sale.

    (a) All public lands, as defined by Sec. 2710.0-5 of this title, 
and, which meet the disposal criteria specified under Sec. 2710.0-3 of 
this title, are subject to sale pursuant to this part, except:
    (1) Those public lands within the revested Oregon California 
Railroad and reconveyed Coos Bay Wagon Road grants which are more 
suitable for management and administration for permanent forest 
protection and other purposes as provided for in the Acts of August 28, 
1937 (50 Stat. 874; 43 U.S.C. 1181(a)); May 24, 1939 (53 Stat. 753); and 
section 701(b) of the Act.
    (2) Public lands in units of the National Wilderness Preservation 
System, National Wild and Scenic Rivers System and National System of 
Trails.
    (3) Public lands classified, withdrawn, reserved or otherwise 
designated as not available or subject to sale shall not be sold under 
the regulations of this part until issuance of an order or notice which 
either opens or provides for such disposition.
    (b) Unsurveyed public lands shall not be sold under the regulations 
of this part until they are officially surveyed under the public land 
survey system of the United States. Such survey shall be completed and 
approved by the Secretary prior to any sale.



                     Subpart 2711--Sales: Procedures



Sec. 2711.1  Initiation of sale.



Sec. 2711.1-1  Identification of tracts by land use planning.

    (a) Tracts of public lands shall only be offered for sale in 
implementation of land use planning prepared and/or approved in 
accordance with subpart 1601 of this title.
    (b) Public input proposing tracts of public lands for disposal 
through sale as part of the land use planning process may be made in 
accordance with Secs. 1601.3, 1601.6-3 or Sec. 1601.8 of this title.
    (c) Nominations or requests for sales of public lands may be made to 
the District office of the Bureau of Land Management for the District in 
which the public lands are located and shall specifically identify the 
tract being nominated or requested and the reason for proposing sale of 
the specific tract.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.1-2  Notice of realty action.

    (a) A notice of realty action offering for sale a tract or tracts of 
public lands identified for disposal by sale shall be issued, published 
and sent to parties of interest by the authorized officer not less than 
60 days prior to the sale. The notice shall include the terms, 
convenants, conditions and reservations which are to be included in the 
conveyance document and the method of sale. The notice shall also 
provide 45 days after the date of issuance for the right of comment by 
the public and interested parties.
    (b) Not less than 60 days prior to sale, notice shall be sent to the 
Member of the U.S. House of Representatives in whose district the public 
lands proposed for sale are located and the U.S. Senators for the State 
in which the public lands proposed for sale are located, the Senate and 
House of Representatives, as required by paragraph (f) of this section, 
to Governor of the State within which the public lands are located, to 
the head of the governing body of any political subdivision having 
zoning or other land use regulatory responsibility in the geographic 
area within which the public lands are located and to the head of any 
political subdivision having administrative or public services 
responsibility in the geographic area within which the lands are 
located. The notice shall be sent to other known interested parties of 
record including, but not limited to, adjoining landowners and current 
land users.
    (c) The notice shall be published once in the Federal Register and 
once a week for 3 weeks thereafter in a newspaper of general circulation 
in the general vicinity of the public lands being proposed to be offered 
for sale.
    (d) The publication of the notice of realty action in the Federal 
Register shall segregate the public lands covered by the notice of 
realty action to the extent that they will not be subject to 
appropriation under the public land laws, including the mining laws. Any

[[Page 238]]

subsequent application, shall not be accepted, shall not be considered 
as filed and shall be returned to the applicant, if the notice 
segregates the lands from the use applied for in the application. The 
segregative effect of the notice of realty action shall terminate upon 
issuance of patent or other document of conveyance to such lands, upon 
publication in the Federal Register of a termination of the segregation 
or 270 days from the date of publication, whichever occurs first.
    (e) The notice published under Sec. 1610.5 of this title may, if so 
designated in the notice and is the functional equivalent of a notice of 
realty action required by this section, serve as the notice of realty 
action required by paragraph (a) of this section and may segregate the 
public lands covered by the sale proposal to the same extent that they 
would have been segregated under a notice of realty action issued under 
paragraph (a) of this section.
    (f) For tracts of public lands in excess of 2,500 acres, the notice 
shall be submitted to the Senate and the House of Representatives not 
less than the 90 days prescribed by section 203 of the Act (43 U.S.C. 
1713(c)) prior to the date of sale. The sale may not be held prior to 
the completion of the congressional notice period unless such period is 
waived by Congress.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.1-3  Sales requiring grazing permit or lease cancellations.

    When lands are identified for disposal and such disposal will 
preclude livestock grazing, the sale shall not be made until the 
permittees and lessees are given 2 years prior notification, except in 
cases of emergency, that their grazing permit or grazing lease and 
grazing preference may be cancelled in accordance with Sec. 4110.4-2(b) 
of this title. A sale may be made of such identified lands if the sale 
is conditioned upon continued grazing by the current permittee/lessee 
until such time as the current grazing permit or lease would have 
expired or terminated. A permittee or lessee may unconditionally waive 
the 2-year prior notification. The publication of a notice of realty 
action as provided in Sec. 2711.1-2(c) of this title shall constitute 
notice to the grazing permittee or lessee if such notice has not been 
previously given.
[49 FR 29015, July 17, 1984]



Sec. 2711.2  Qualified conveyees.

    Tracts sold under this part may only be conveyed to:
    (a) A citizen of the United States 18 years of age or over;
    (b) A corporation subject to the laws of any State or of the United 
States;
    (c) A State, State instrumentality or political subdivision 
authorized to hold property; and
    (d) An entity legally capable of conveying and holding lands or 
interests therein under the laws of the State within which the lands to 
be conveyed are located. Where applicable, the entity shall also meet 
the requirements of paragraphs (a) and (b) of this section.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.3  Procedures for sale.



Sec. 2711.3-1  Competitive bidding.

    When public lands are offered through competitive bidding:
    (a) The date, time, place, and manner for submitting bids shall be 
specified in the notice required by Sec. 2711.1-2 of this title.
    (b) Bids may be made by a principal or a duly qualified agent.
    (c) Sealed bids shall be considered only if received at the place of 
sale prior to the hour fixed in the notice and are made for at least the 
fair market value. Each bid shall be accompanied by certified check, 
postal money order, bank draft or cashier's check made payable to the 
Bureau of Land Management for the amount required in the notice of 
realty action which shall be not less than 10 percent or more than 30 
percent of the amount of the bid, and shall be enclosed in a sealed 
envelope which shall be marked as prescribed in the notice. If 2 or more 
envelopes containing valid bids of the same amount are received, the 
determination of which is to be considered the highest bid shall be by 
supplemental biddings. The designated high bidders shall be allowed to 
submit oral

[[Page 239]]

or sealed bids as designated by the authorized officer.
    (d) The highest qualifying sealed bid received shall be publicly 
declared by the authorized officer. If the notice published pursuant to 
Sec. 2711.1-2 of this title provides for oral bids, such bids, in 
increments specified by the authorized officer, shall then be invited. 
After oral bids, if any, are received, the highest qualifying bid, 
designated by type, whether sealed or oral, shall be declared by the 
authorized officer. The person declared to have entered the highest 
qualifying oral bid shall submit payment by cash, personal check, bank 
draft, money order, or any combination for not less than one-fifth of 
the amount of the bid immediately following the close of the sale. The 
successful bidder, whether such bid is a sealed or oral bid, shall 
submit the remainder of the full bid price prior to the expiration of 
180 days from the date of the sale. Failure to submit the full bid price 
prior to, but not including the 180th day following the day of the sale, 
shall result in cancellation of the sale of the specific parcel and the 
deposit shall be forfeited and disposed of as other receipts of sale. In 
the event the authorized officer rejects the highest qualified bid or 
releases the bidder from it, the authorized officer shall determine 
whether the public lands shall be withdrawn from the market or be 
reoffered.
    (e) If the public lands are not sold pursuant to the notice issued 
under Sec. 2711.1-2 of this subpart, they may remain available for sale 
on a continuing basis until sold as specified in the notice.
    (f) The acceptance or rejection of any offer to purchase shall be in 
writing no later than 30 days after receipt of such offer unless the 
offerer waives his right to a decision within such 30-day period. In 
case of a tract of land in excess of 2,500 acres, such acceptance or 
rejection shall not be given until the expiration of 30 days after the 
end of the notice to the Congress provided for in Sec. 2711.1-2(d) of 
this subpart. Prior to the expiration of such periods the authorized 
officer may refuse to accept any offer or may withdraw any tract from 
sale if he determines that:
    (1) Consummation of the sale would be inconsistent with the 
provisions of any existing law; or
    (2) Collusive or other activities have hindered or restrained free 
and open bidding; or
    (3) Consummation of the sale would encourage or promote speculation 
in public lands.
    (g) Until the acceptance of the offer and payment of the purchase 
price, the bidder has no contractual or other rights against the United 
States, and no action taken shall create any contractual or other 
obligations of the United States.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984; 
49 FR 29795, July 24, 1984]



Sec. 2711.3-2  Modified bidding.

    (a) Public lands may be offered for sale utilizing modified 
competitive bidding procedures when the authorized officer determines it 
is necessary in order to assure equitable distribution of land among 
purchasers or to recognize equitable considerations or public policies.
    (1) Modified competitive bidding includes, but is not limited to:
    (i) Offering to designated bidders the right to meet the highest 
bid. Refusal or failure to meet the highest bid shall constitute a 
waiver of such bidding provisions; or
    (ii) A limitation of persons permitted to bid on a specific tract of 
land offered for sale; or
    (iii) Offering to designated bidders the right of first refusal to 
purchase the lands at fair market value. Failure to accept an offer to 
purchase the offered lands within the time specified by the authorized 
officer shall constitute a waiver of his preference consideration.
    (2) Factors that shall be considered in determining when modified 
competitive bidding procedures shall be used, include but are not 
limited to: Needs of State and/or local government, adjoining 
landowners, historical users, and other needs for the tract. A 
description of the method of modified competitive bidding to be used and 
a statement indicating the purpose or objective of the bidding procedure 
selected shall be

[[Page 240]]

specified in the notice of realty action required in Sec. 2711.1-2 of 
this subpart.
    (b) Where 2 or more designated bidders exercise preference 
consideration awarded by the authorized officer in accordance with 
paragraph (a)(1) of this section, such bidders shall be offered the 
opportunity to agree upon a division of the lands among themselves. In 
the absence of a written agreement, the preference right bidders shall 
be allowed to continue bidding to determine the high bidder.
    (c) Where designated bidders fail to exercise the preference 
consideration offered by the authorized officer in the allowed time, the 
sale shall proceed using the procedures specified in Sec. 2711.3-1 of 
this subpart; and
    (d) Once the method of modified competitive or noncompetitive sale 
is determined and such determination has been issued, published and sent 
in accordance with procedures of this part, payment shall be by the same 
instruments as authorized in Sec. 2711.3-1(c) of this subpart.
    (e) Acceptance or rejection of any offer to purchase shall be in 
accordance with the procedures set forth in Sec. 2711.3-1 (f) and (g) of 
this subpart.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.3-3  Direct sales.

    (a) Direct sales (without competition) may be utilized, when in the 
opinion of the authorized officer, a competitive sale is not appropriate 
and the public interest would best be served by a direct sale. Examples 
include, but are not limited to:
    (1) A tract identified for transfer to State or local government or 
nonprofit organization; or
    (2) A tract identified for sale that is an integral part of a 
project or public importance and speculative bidding would jeopardize a 
timely completion and economic viability of the project; or
    (3) There is a need to recognize an authorized use such as an 
existing business which could suffer a substantial economic loss if the 
tract were purchased by other than the authorized user; or
    (4) The adjoining ownership pattern and access indicate a direct 
sale is appropriate; or
    (5) A need to resolve inadvertent unauthorized use or occupancy of 
the lands.
    (b) Once the authorized officer has determined that the lands will 
be offered by direct sale and such determination has been issued, 
published and sent in accordance with procedures of this part, payment 
shall be made by the same instruments as authorized in Sec. 2711.3-1(c) 
of this subpart.
    (c) Failure to accept an offer to purchase the offered lands within 
the time specified by the authorized officer shall constitute a waiver 
of this preference consideration.
    (d) Acceptance or rejection of an offer to purchase the lands shall 
be in accordance with the procedures set forth in Sec. 2711.3-1 (f) and 
(g) of this subpart.
[49 FR 29015, July 17, 1984; 49 FR 29796, July 24, 1984]



Sec. 2711.4  Compensation for authorized improvements.



Sec. 2711.4-1  Grazing improvements.

    No public lands in a grazing lease or permit may be conveyed until 
the provisions of part 4100 of this title concerning compensation for 
any authorized grazing improvements have been met.



Sec. 2711.4-2  Other private improvements.

    Where public lands to be sold under this part contain authorized 
private improvements, other than those identified in Sec. 2711.4-1 of 
this subpart or those subject to a patent reservation, the owner of such 
improvements shall be given an opportunity to remove them if such owner 
has not been declared the purchaser of the lands sold, or the 
prospective purchaser may compensate the owner of such authorized 
private improvements and submit proof of compensation to the authorized 
officer.

[[Page 241]]



Sec. 2711.5  Conveyance documents.



Sec. 2711.5-1  Mineral reservation.

    Patents and other conveyance documents issued under this part shall 
contain a reservation to the United States of all minerals. Such 
minerals shall be subject to the right to explore, prospect for, mine, 
and remove under applicable law and such regulations as the Secretary 
may prescribe. However, upon the filing of an application as provided in 
part 2720 of this title, the Secretary may convey the mineral interest 
if all requirements of the law are met. Where such application has been 
filed and meets the requirements for conveyance, the authorized officer 
may withhold issuance of a patent or other document of conveyance on 
lands sold under this part until processing of the mineral conveyance 
application is completed, at which time a single patent or document of 
conveyance for the entire estate or interest of the United States may be 
issued.



Sec. 2711.5-2  Terms, covenants, conditions, and reservations.

    Patents or other conveyance documents issued under this part may 
contain such terms, covenants, conditions, and reservations as the 
authorized officer determines are necessary in the public interest to 
insure proper land use and protection of the public interest as 
authorized by section 208 of the Act.



Sec. 2711.5-3  Notice of conveyance.

    The authorized officer shall immediately notify the Governor and the 
heads of local government of the issuance of conveyance documents for 
public lands within their respective jurisdiction.
[45 FR 39418, June 10, 1980, as amended at 49 FR 29016, July 17, 1984]



PART 2720--CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS--Table of Contents




      Subpart 2720--Conveyance of Federally-Owned Mineral Interests

Sec.
2720.0-1  Purpose.
2720.0-2  Objectives.
2720.0-3  Authority.
2720.0-5  Definitions.
2720.0-6  Policy.
2720.0-9  Information collection.
2720.1  Application to purchase federally-owned mineral interests.
2720.1-1  Filing of application.
2720.1-2  Form of application.
2720.1-3  Action on application.
2720.2  Determination that an exploratory program is not required.
2720.3  Action upon determination of the fair market value of the 
          mineral interests.
2720.4  Issuance of document of conveyance.
2720.5  Appeals.

    Authority:  43 U.S.C. 1719 and 1740.

    Source:  44 FR 1342, Jan. 4, 1979, unless otherwise noted.



      Subpart 2720--Conveyance of Federally-Owned Mineral Interests



Sec. 2720.0-1  Purpose.

    The purpose of these regulations is to establish procedures under 
section 209 of the Federal Land Policy and Management Act of 1976, 43 
U.S.C. 1719, for conveyance of mineral interests owned by the United 
States where the surface is or will be in non-Federal ownership.



Sec. 2720.0-2  Objectives.

    The objective is to allow consolidation of surface and subsurface or 
mineral ownership where there are no known mineral values or in those 
instances where the reservation interferes with or precludes appropriate 
non-mineral development and such development is a more beneficial use of 
the land than the mineral development.



Sec. 2720.0-3  Authority.

    (a) Section 209(b) of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1719(b), authorizes the Secretary of the Interior to 
convey mineral interests owned by the United States where the surface is 
or will be in non-Federal ownership, if certain specific conditions are 
met.
    (b) Section 310 of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1740, authorizes the Secretary of the Interior to 
promulgate rules and regulations to carry out the purposes of the Act.

[[Page 242]]



Sec. 2720.0-5  Definitions.

    As used in this subpart, the term:
    (a) Prospective record owner means a person who has a contract or 
other agreement to purchase a tract of land that is in non-Federal 
ownership with a reservation of minerals in the United States, or a 
person who is purchasing a tract of land under the provisions of the 
Federal Land Policy and Management Act of 1976 or other laws authorizing 
the conveyance of Federal lands subject to the reservation of a mineral 
interest.
    (b) Known mineral values means mineral rights in lands containing 
geologic formations that are valuable in the monetary sense for 
exploring, developing, or producing natural mineral deposits. The 
presence of such mineral deposits with potential for mineral development 
may be known because of previous exploration, or may be inferred based 
on geologic information.
    (c) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (d) Proof of ownership means evidence of title acceptable in local 
realty practice by attorneys and title examiners and may include a 
current title attorney's opinon, based on a current abstract of title 
prepared by a bonded title insurance or title abstract company doing 
business in the locale where the lands are located.
[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9657, Mar. 20, 1986; 60 
FR 12711, Mar. 8, 1995]



Sec. 2720.0-6  Policy.

    As required by the Federal Land Policy and Management Act, the 
Bureau of Land Management may convey a federally owned mineral interest 
only when the authorized officer determines that it has no known mineral 
value, or that the mineral reservation is interfering with or precluding 
appropriate nonmineral development of the lands and that nonmineral 
development is a more beneficial use than mineral development. 
Allegation, hypothesis or speculation that such conditions could or may 
exist at some future time shall not be sufficient basis for conveyance. 
Failure to establish by convincing factual evidence that the requisite 
conditions of interference or preclusion presently exist, and that 
nonmineral development is a more beneficial use, shall result in the 
rejection of an application.
[51 FR 9657, Mar. 20, 1986, as amended at 60 FR 12711, Mar. 8, 1995]



Sec. 2720.0-9  Information collection.

    (a) The Office of Management and Budget has approved under 44 U.S.C. 
3507 the information collection requirements contained in part 2720 and 
assigned clearance number 1004-0153. The Bureau of Land Management is 
collecting the information to permit the authorized officer to determine 
whether the Bureau of Land Management should dispose of Federally-owned 
mineral interests. The Bureau of Land Management will use the 
information collected to make these determinations. A response is 
required to obtain a benefit.
    (b) The Bureau of Land Management estimates the public reporting 
burden for this information to average 8 hours per response, including 
the time for reviewing regulations, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Information 
Collection Clearance Officer (783), Bureau of Land Management, 
Washington, D.C. 20240, and the Office of Management and Budget, 
Paperwork Reduction Project, 1004-0153, Washington, D.C. 20503.
[60 FR 12711, Mar. 8, 1995]



Sec. 2720.1  Application to purchase federally-owned mineral interests.



Sec. 2720.1-1  Filing of application.

    (a) Any existing or prospective record owner of the surface of land 
in which mineral interests are reserved or otherwise owned by the United 
States may file an application to purchase such mineral interests if--
    (1) He has reason to believe that there are no known mineral values 
in the land, or

[[Page 243]]

    (2) The reservation of ownership of the mineral interests in the 
United States interferes with or precludes appropriate non-mineral 
development of the land and such development would be a more beneficial 
use of the land than its mineral development.
    (b) Publication in the Federal Register of a notice of the filing of 
an application under this part shall segregate the mineral interests 
owned by the United States in the public lands covered by the 
application to the extent that they will not be subject to appropriation 
under the public land laws, including the mining laws. The segregative 
effect of the application shall terminate either upon issuance of a 
patent or other document of conveyance to such mineral interests, upon 
final rejection of the application or 2 years from the date of filing of 
the application which ever occurs first.
[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9657, Mar. 20, 1986]



Sec. 2720.1-2  Form of application.

    (a) An application shall be filed with the proper BLM Office as 
listed in Sec. 1821.2-1(d) of this title.
    (b) No specific form is required.
    (c) A non-refundable fee of $50 shall accompany the application.
    (d) Each application shall include:
    (1) The name, legal mailing address, and telephone number of the 
existing or prospective record owner of the land included in the 
application;
    (2) Proof of ownership of the land included in the application, and 
in the case of a prospective record owner, a copy of the contract of 
conveyance or a statement describing the method by which he will become 
the owner of record;
    (3) In the case of non-Federal ownership of the surface, a certified 
copy of any patent or other instrument conveying the land included in 
the application and a showing of ownership in the applicant, with 
supporting survey evidence acceptable to the authorized officer, which 
may consist of a metes and bounds survey prepared and certified by a 
civil engineer or land surveyor licensed under the laws of the State in 
which the lands are located; and
    (4) As complete a statement as possible concerning (i) the nature of 
federally-reserved or owned mineral values in the land, including 
explanatory information, (ii) the existing and proposed uses of the 
land, (iii) why the reservation of the mineral interests in the United 
States is interfering with or precluding appropriate non-mineral 
development of the land covered by the application (iv) how and why such 
development would be a more beneficial use of the land than its mineral 
development, and (v) a showing that the proposed use complies or will 
comply with State and local zoning and/or planning requirements.
[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9658, Mar. 20, 1986]



Sec. 2720.1-3  Action on application.

    (a) Within 90 days of receipt of an application to purchase 
federally-owned mineral interests, the authorized officer shall, if the 
application meets the requirements for further processing, determine the 
amount of deposit required and so inform the applicant.
    (b) No application filed under this subpart shall be processed until 
the applicant has either--
    (1) Deposited with the authorized officer an amount of money that 
the authorized officer estimates is needed to cover administrative costs 
of processing, including, but not limited to, costs of conducting an 
exploratory program, if one is required, to determine the character of 
the mineral deposits in the land, evaluating the existing data [or the 
data obtained under an approved exploratory program] to aid in 
determining the fair market value of the mineral interests to be 
conveyed, and preparing and issuing the documents of conveyance, or
    (2) Has obtained the consent of the authorized officer to conduct an 
exploratory program, such program to be conducted only under a plan of 
operations approved by the authorized officer and deposited with the 
authorized officer an amount of money the authorized officer estimates 
is needed to cover administrative costs of processing, including, but 
not limited to, costs of evaluating existing data and data submitted 
from an approved exploratory program to determine the fair

[[Page 244]]

market value of the mineral interests to be conveyed and preparing and 
issuing the documents of conveyance.


    The authorized officer, in reaching a determination as to whether 
there are any known mineral values in the land and, if so, the estimated 
costs of an exploratory program, if one is needed, will rely upon 
reports on minerals prepared by or reviewed and approved by the Bureau 
of Land Management.
    (c) The authorized officer shall inform the applicant of his 
determination as to the need for an exploratory program, and where 
appropriate, the estimated cost of such a program. The applicant may 
request that the exploratory program be arranged by the authorized 
officer or request the consent of the authorized officer to accomplish 
any required exploratory program by other means, at his own expense, 
under a plan of operations approved by the authorized officer and to 
provide the results to the authorized officer for his use and approval. 
The applicant shall, within 60 days of receipt of such notice, or any 
extension thereof, respond to the authorized officer's notice, stating 
whether he wishes to have the authorized officer arrange to have 
conducted the required exploratory program or requests the consent of 
the authorized officer to accomplish any required exploratory program by 
other means. Failure to respond to said notice shall void the 
application.
    (d) If the applicant requests that any required exploratory program 
be arranged by the authorized officer, he shall submit the sum of money 
required under paragraph (b) of this section and the authorized officer 
shall have the exploratory program accomplished so as to aid in 
determining the fair market value of the Federal mineral interests 
covered by the application.
    (e) If the applicant requests the consent of the authorized officer 
to accomplish any required exploratory program by other means, at his 
own expense, he shall at the time of making his request for such 
consent, file a plan of operations to carry out any required exploratory 
program for approval by the authorized officer. Such plan of operations 
shall be sufficient to provide the resource and economic data needed to 
aid in determining the fair market value of the Federal mineral 
interests to be conveyed. Said resource and economic data shall include, 
where appropriate, but not be limited to, geologic maps, geologic cross-
sections, tables and descriptive information encompassing lithologic, 
geochemical, and geophysical data, assays of samples, drill logs and 
outcrop sections, which aid in establishing the location, nature, 
quantity, and grade, and which aid in determining the fair market value 
of the Federal mineral interests in the land covered by the application. 
The plan of operations shall conform to the laws, regulations and 
ordinances of all governmental bodies having jurisdiction over the lands 
covered by the application. The authorized officer shall decide within 
90 days of receipt of said request whether he shall or shall not give 
his consent. The authorized officer shall not give his consent if he 
determines that the plan of operations is not adequate to supply the 
resource and economic data needed to aid him in determining the fair 
market value of the Federal mineral interests to be conveyed. If the 
authorized officer, in his discretion, approves the applicant's plan of 
operations, the applicant may proceed to execute the plan of operations, 
subject to the supervision of the authorized officer. If the authorized 
officer does not give his consent to the applicant's request, the 
applicant may, within 60 days of such refusal, avail himself of the 
provisions of paragraph (d) of this section. Failure to deposit the 
required sum within the 60 day period shall void the application. All 
resource and economic data obtained from the approved exploratory 
program shall be supplied the authorized officer. The authorized officer 
shall supply that data needed for determination of the economic value of 
mineral resources to the Bureau of Land Management. The authorized 
officer relying upon those determinations shall determine the fair 
market value of the Federal mineral interests in the land covered by the 
application. If the authorized officer determines that the resource and 
economic data supplied from an approved exploratory program is not 
adequate to aid in determining the fair market value of the Federal

[[Page 245]]

mineral interests to be conveyed, he shall so notify the applicant and 
state what additional data is needed.
    (f) Notwithstanding the provisions of the preceding paragraphs of 
this section, an application may be rejected without the applicant 
meeting the requirements of paragraph (b) of this section if the 
authorized officer determines from an examination of the application or 
of data readily available to him relating to the land concerned that the 
application does not meet the requirements of the Act.
[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9658, Mar. 20, 1986; 60 
FR 12711, Mar. 8, 1995]



Sec. 2720.2  Determination that an exploratory program is not required.

    (a) In instances where available data indicate that there are no 
known mineral values in the land covered by the application, an 
exploratory program shall not be required.
    (b) The authorized officer will not require an exploratory program 
to ascertain the presence of mineral values where the authorized officer 
determines that a reasonable person would not make exploration 
expenditures with expectations of deriving economic gain from the 
mineral production.
    (c) The authorized officer will not require an exploratory program 
if the authorized officer determines that, for the mineral interests 
covered by the application, sufficient information is available to 
determine their fair market value.
[44 FR 1342, Jan. 4, 1979, as amended at 60 FR 12711, Mar. 8, 1995]



Sec. 2720.3  Action upon determination of the fair market value of the mineral interests.

    (a) Upon the authorized officer's determination that all of the 
requirements of the Act for conveyance of mineral interests have been 
met by the applicant and all actions necessary to determine the fair 
market value of the Federal mineral interests in land covered by the 
application have been completed, the authorized officer shall notify the 
applicant in writing of the fair market value of the Federal mineral 
interests, including the administrative costs involved in development of 
and issuance of conveyance documents, and give a full and complete 
statement of the costs incurred in reaching such determination including 
any sum due the United States or that may be unexpended from the deposit 
made by the applicant. If the administrative costs of determining the 
fair market value of the Federal mineral interests exceed the amount of 
the deposit required of the applicant under this subpart, he will be 
informed that he is required to pay the difference between the actual 
costs and the deposit. If the deposit exceeds the administrative costs 
of determining the fair market value of the Federal mineral interests, 
the applicant will be informed that he is entitled to a credit for or a 
refund of the excess. The notice must require the applicant to pay both 
the fair market value of the Federal mineral interests and the remaining 
administrative costs owed within 90 days after the date the authorized 
officer mails the notice. Failure to pay the required amount within the 
allotted time shall constitute a withdrawal of the application and the 
application will be dismissed and the case closed.
    (b) The Bureau of Land Management will convey mineral rights on 
lands for which this part does not require an exploratory program upon 
payment by the applicant of fair market value for those mineral 
interests and all administrative costs of processing the application to 
acquire the mineral rights.
[44 FR 1342, Jan. 4, 1979, as amended at 60 FR 12711, Mar. 8, 1995]



Sec. 2720.4  Issuance of document of conveyance.

    Upon receipt of the payment required by Sec. 2720.3 of this subpart, 
if any is required, the authorized officer shall issue the necessary 
document conveying to the applicant the mineral interests of the United 
States in the land covered by the application.



Sec. 2720.5  Appeals.

    An applicant adversely affected by a decision of the authorized 
officer made pursuant to the provisions of this subpart shall have a 
right of appeal pursuant to part 4 of this title. Decisions of the 
authorized officer under this subpart shall be subject to reversal only 
if found to be arbitrary, capricious, and

[[Page 246]]

abuse of discretion or otherwise not in accordance with law.



PART 2740--RECREATION AND PUBLIC PURPOSES ACT--Table of Contents




        Subpart 2740--Recreation and Public Purposes Act: General

Sec.
2740.0-1  Purpose.
2740.0-2  Objective.
2740.0-3  Authority.
2740.0-5  Definitions.
2740.0-6  Policy.
2740.0-7  Cross references.
2740.0-9  Information collection.

     Subpart 2741--Recreation and Public Purposes Act: Requirements

2741.1  Lands subject to disposition.
2741.2  Qualified applicants.
2741.3  Preapplication consultation.
2741.4  Applications.
2741.5  Guidelines for conveyances and leases under the act.
2741.6  Applications for transfer or change of use.
2741.7  Acreage limitations and general conditions.
2741.8  Price.
2741.9  Patent provisions.

  Subpart 2742--Recreation and Public Purposes Act: Omitted Lands and 
                           Unsurveyed Islands

2742.1  Lands subject to disposition.
2742.2  Qualifications of applicants.
2741.3  Survey requirement.
2742.4  Conveyance limitations.
2742.5  Consistency with other laws.

 Subpart 2743--Recreation and Public Purposes Act: Solid Waste Disposal

2743.1  Applicable regulations.
2743.2  New disposal sites.
2743.2-1  Patent provisions for new disposal sites.
2743.3  Leased disposal sites.
2743.3-1  Patent provisions for leased disposal sites.
2743.4  Patented disposal sites.

    Authority:  43 U.S.C. 869 et seq., 43 U.S.C. 1701 et seq., and 31 
U.S.C. 9701.



        Subpart 2740--Recreation and Public Purposes Act: General

    Source:  44 FR 43471, July 25, 1979, unless otherwise noted.



Sec. 2740.0-1  Purpose.

    These regulations provide guidelines and procedures for transfer of 
certain public lands under the Recreation and Public Purposes Act as 
amended (43 U.S.C. 869 et seq.), to States or their political 
subdivisions, and to nonprofit corporations and associations, for 
recreational and public purposes.



Sec. 2740.0-2  Objective.

    The objective is to meet the needs of certain State and local 
governmental agencies and other qualified organizations for public lands 
required for recreational and public purposes.



Sec. 2740.0-3  Authority.

    (a) The Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.), 
commonly known as the Recreation and Public Purposes Act, authorizes the 
Secretary of the Interior to lease or convey public lands for 
recreational and public purposes under specified conditions.
    (b) Section 211 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1721), authorizes the Secretary of the Interior to 
convey to States or their political subdivisions unsurveyed islands 
determined by the Secretary to be public lands of the United States and 
omitted lands under the Recreation and Public Purposes Act without 
regard to acreage limitations contained in the Act.
    (c) Section 3 of the Act of June 14, 1926, as amended by the 
Recreation and Public Purposes Amendment Act of 1988, authorizes the 
Secretary of the Interior to convey public lands for the purpose of 
solid waste disposal or for any other purpose which may result in or 
include the disposal, placement, or release of any hazardous substance, 
with special provisions relating to reversion of such lands to the 
United States.
[44 FR 43471, July 25, 1979, as amended at 57 FR 32732, July 23, 1992]



Sec. 2740.0-5  Definitions.

    As used in this part, the term:
    (a) Act means the Recreation and Public Purposes Act as amended by 
section 212 of the Federal Land Policy and Management Act of 1976.

[[Page 247]]

    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (c) Public lands means any lands and interest in lands administered 
by the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (d) Public purpose means for the purpose of providing facilities or 
services for the benefit of the public in connection with, but not 
limited to, public health, safety or welfare. Use of lands or facilities 
for habitation, cultivation, trade or manufacturing is permissible only 
when necessary for and integral to, i.e., and essential part of, the 
public purpose.
    (e) Conveyance means a transfer of legal title. Leases issued 
pursuant to subpart 2912 of this title are not conveyances.
    (f) Hazardous substance means any substance designated pursuant to 
Environmental Protection Agency regulations at 40 CFR part 302.
    (g) Solid waste means any material as defined under Environmental 
Protection Agency regulations at 40 CFR part 261.
[44 FR 43471, July 25, 1979, as amended at 50 FR 50300, Dec. 10, 1985; 
57 FR 32732, July 23, 1992]



Sec. 2740.0-6  Policy.

    (a) To assure development of public lands in accordance with a 
development plan and compliance with an approved management plan, the 
authorized officer may require that public lands first be leased under 
the provisions of subpart 2912 of this title for a period of time prior 
to issuance of a patent, except for conveyances under subpart 2743 of 
this title.
    (b) Municipal corporations may not secure public lands under this 
act which are not within convenient access to the municipality and 
within the same State as the municipality. Other qualified governmental 
applicants may not secure public lands outside their political 
boundaries or other area of jurisdiction.
    (c) Where lands are conveyed under the act with a reservation of the 
mineral estate to the United States, the Bureau of Land Management shall 
not thereafter convey that mineral estate to the surface owner under the 
provisions of section 209 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1719).
    (d) Lease or conveyance of lands for purposes other than 
recreational or public purposes is not authorized by the act. Uses which 
can be more appropriately authorized under other existing authorities 
shall not be authorized under the act. Approval of leases or conveyances 
under the act shall not be made unless the public lands shall be used 
for an established or definitely proposed project. A commitment by 
lessee(s) or conveyee(s) to a plan of physical development, management 
and use of the lands shall be required before a lease or conveyance is 
approved. Use of public lands for nonrecreational or nonpublic purposes, 
whether by lease or conveyance, may be applied for under sections 203 
and 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1713, 1732) or other applicable authorities.
    (e) The Bureau of Land Management shall not exercise the exchange 
authority of section 206 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1716) for the purpose of acquiring lands for later 
conveyance under the act.
    (f) The Bureau of Land Management shall not use Federal funds to 
undertake determinations of the validity of mining claims on public 
lands for the sole purpose of clearing title so that the lands may be 
leased or conveyed under the act.
[44 FR 43471, July 25, 1979, as amended at 50 FR 50300, Dec. 10, 1985; 
57 FR 32732, July 23, 1992]



Sec. 2740.0-7  Cross references.

    (a) Requirements and procedures for conveyance of land under the 
Recreation and Public Purposes Act are contained in subpart 2741 of this 
chapter.
    (b) Requirements and procedures for leasing of land under the 
Recreation and Public Purposes Act are contained in subpart 2912 of this 
title.
    (c) Requirements and procedures for conveyance of unsurveyed islands 
and omitted lands under section 211 of the

[[Page 248]]

Federal Land Policy and Management Act are contained in subpart 2742 of 
this chapter.
    (d) Requirements and procedures for conveyance of land under the 
Recreation and Public Purposes Act for the purpose of solid waste 
disposal or for any other purpose that the authorized officer determines 
may result in or include the disposal, placement, or release of any 
hazardous substance are contained in subpart 2743 of this chapter.
[44 FR 43471, July 25, 1979, as amended at 57 FR 32732, July 23, 1992]



Sec. 2740.0-9  Information collection.

    The collection of information contained in part 2740 of Group 2700 
has been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0012. This information 
will be used to determine the suitability of public lands for lease and/
or disposal to States or their political subdivisions, and to nonprofit 
corporations and associations, for recreational and public purposes. 
Responses are required to obtain benefits in accordance with the 
Recreation and Public Purposes Act.
    Public reporting burden for this information is estimated to average 
47 hours per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, should be sent to the Division of Information Resources 
Management (770), Bureau of Land Management, 1849 C Street NW., 
Washington, DC 20240; and the Paperwork Reduction Project (1004-0012), 
Office of Management and Budget, Washington, DC 20503.
[57 FR 32732, July 23, 1992]



     Subpart 2741--Recreation and Public Purposes Act: Requirements



Sec. 2741.1  Lands subject to disposition.

    (a) The act is applicable to any public lands except (1) lands 
withdrawn or reserved for national forests, national parks and 
monuments, and national wildlife refuges, (2) Indian lands and lands set 
aside or held for use by or for the benefit of Indians, Aleuts and 
Eskimos, and (3) lands which have been acquired for specific purposes.
    (b) Revested Oregon and California Railroad grant lands and 
reconveyed Coos Bay Wagon Road grant lands may only be leased to States 
and counties and to State and Federal instrumentalities and political 
subdivisions and to municipal corporations.
    (c) Section 211 of the Federal Land Policy and Management Act of 
1976 does not apply to public lands within the National Forest System, 
defined in the Act of August 17, 1974 (16 U.S.C. 1601), the National 
Park System, the National Wildlife Refuge System and the National Wild 
and Scenic Rivers System.
[44 FR 43472, July 25, 1979]



Sec. 2741.2  Qualified applicants.

    Applications for any recreational or public purpose may be filed by 
States, Federal and State instrumentalities and political subdivisions, 
including counties and municipalities, and nonprofit associations and 
nonprofit corporations that, by their articles of incorporation or other 
authority, are authorized to acquire land.
[44 FR 43472, July 25, 1979]



Sec. 2741.3  Preapplication consultation.

    (a) Potential applicants should contact the appropriate District 
Office of the Bureau of Land Management well in advance of the 
anticipated submission of an application. Early consultation is needed 
to familiarize a potential applicant with management responsibilities 
and terms and conditions which may be required in a lease or patent.
    (b) Any information furnished by the applicant in connection with 
preapplication activity or use, which he/she requests not be disclosed, 
shall be protected to the extent consistent with the Freedom of 
Information Act (5 U.S.C. 552).
    (c) Dependent upon the magnitude and/or public interest associated 
with

[[Page 249]]

the proposed use, various investigations, studies, analyses, public 
meetings and negotiations may be required of the applicant prior to the 
submission of the application. Where a determination is made that 
studies and analyses are required, the authorized officer shall inform 
the potential applicant of these requirements.
    (d) The potential applicant may be permitted to go upon the public 
lands to perform casual acts related to data collection necessary for 
development of an acceptable plan of development as required in 
Sec. 2741.4(b) of this title. These casual acts include, but are not 
limited to:
    (1) Vehicle use on existing roads;
    (2) Sampling;
    (3) Surveys required for siting of structures or other improvements; 
and
    (4) Other activities which do not unduly disturb surface resources. 
If, however, the authorized officer determines that appreciable impacts 
to surface resources may occur, he/she may require the potential 
applicant to obtain a land use authorization permit with appropriate 
terms and conditions under the provision of part 2920 of this title.
[50 FR 50300, Dec. 10, 1985]



Sec. 2741.4  Applications.

    (a) Applications shall be submitted on forms approved by the 
Director, Bureau of Land Management.
    (b) Each application shall be accompanied by three copies of a 
statement describing the proposed use of the land. The statement shall 
show that there is an established or definitely proposed project for 
such use of the land, present detailed plan and schedule for development 
of the project and a management plan which includes a description of how 
any revenues will be used. The provisions of Sec. 1821.2 of this title 
apply to filings pursuant to this section.
    (c) Each application shall be accompanied by a nonrefundable filing 
fee of $100. The filing fee shall be required for new applications as 
well as for applications for change of use or transfer of title filed 
under Sec. 2741.6 of this title.
[44 FR 43472, July 25, 1979. Redesignated and amended at 50 FR 50300, 
Dec. 10, 1985]



Sec. 2741.5  Guidelines for conveyances and leases under the act.

    (a) Public lands shall be conveyed or leased under the act only for 
an established or definitely proposed project for which there is a 
reasonable timetable of development and satisfactory development and 
management plans.
    (b) No public lands having national significance shall be conveyed 
pursuant to the act.
    (c) No more public lands than are reasonably necessary for the 
proposed use shall be conveyed pursuant to the act.
    (d) For proposals involving over 640 acres, public lands shall not 
be sold or leased pursuant to this act until:
    (1) Comprehensive land use plans and zoning regulations for the area 
in which the lands are located have been adopted by the appropriate 
State or local authorities.
    (2) The authorized officer has held at least one public meeting on 
the proposal.
    (e) Applications shall not be approved unless and until it has been 
determined that disposal under the act would serve the national interest 
following the planning requirements of section 202 of the Federal Land 
Policy and Management Act (43 U.S.C. 1712).
    (f) Public lands may be determined to be suitable for lease or sale 
under the act by the authorized officer on his own motion as a result of 
demonstrated public needs for public lands for recreational or public 
purposes during the planning process described in section 202 of the 
Federal Land Policy and Management Act.
    (g) Lands under the jurisdiction of another agency shall not be 
determined to be suitable for lease or sale without that agency's 
approval.
    (h)(1) A notice of realty action which shall serve as a 
classification of public lands as suitable or unsuitable for conveyance 
or lease under the act shall be issued, published and sent to parties of 
interest by the authorized officer not less than 60 days prior to the 
proposed effective date of the classification action. Notices specifying 
public lands classified as suitable shall include: the use proposed; 
whether the lands are to be conveyed or leased; and the terms, 
covenants, conditions and reservations

[[Page 250]]

which shall be included in the conveyance or lease document. The notice 
shall provide at least 45 days from the date of issuance for submission 
of public comments.
    (2) If the notice of realty action states that the lands are 
classified as suitable for conveyance or lease under the act, it shall 
segregate the public lands described in the notice from appropriation 
under any other public land law, including locations under the mining 
laws, except as provided in the notice or any amendments or revisions to 
the notice. If, after 18 months following the issuance of the notice, an 
application has not been filed for the purpose for which the public 
lands have been classified, the segregative effect of the classification 
shall automatically expire and the public lands classified in the notice 
shall return to their former status without further action by the 
authorized officer.
    (3) The notice of realty action shall be published once in the 
Federal Register and once a week for 3 weeks thereafter in a newspaper 
of general circulation in the vicinity of the public lands covered by 
the notice.
    (4) The notice published under Sec. 1610.5-5 of this title, if 
designated in the notice, shall serve as the notice of realty action 
required by this section and shall segregate the public lands as stated 
in the notice. Any such notice given under Sec. 1610.5-5 of this title 
shall be published and distributed under the provisions of this section.
    (i) The Act shall not be used to provide sites for the disposal of 
permanent or long-term hazardous wastes.
[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985; 51 FR 1795, Jan. 15, 1986; 57 
FR 32733, July 23, 1992]



Sec. 2741.6  Applications for transfer or change of use.

    (a) Applications under the act for permission to add to or change 
the use specified in a patent or applications to transfer title to a 
third party shall be filed as prescribed in Sec. 2741.4 of this title.
    (b) Applications for transfer of title are subject to the acreage 
limitations as prescribed in Sec. 2741.7(a) of this title.
    (c) Prior to approval of an application filed under this section, 
the public lands may be reappraised in accordance with Sec. 2741.8 of 
this title and the beneficiary required to make such payments as are 
found justified by the reappraisal.
[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985]



Sec. 2741.7  Acreage limitations and general conditions.

    (a) Conveyances under the Act to any applicant in any one calendar 
year shall be limited as follows:
    (1) Any State or State agency having jurisdiction over the State 
park system may acquire not more than 6,400 acres for recreational 
purposes and such additional acreage as may be needed for small roadside 
parks and rest sites of 10 acres or less each.
    (2) Any State or agency or instrumentality of such State may acquire 
not more than 640 acres for each of its programs involving public 
purposes other than recreation.
    (3) Any politicial subdivision of a State may acquire for 
recreational purposes not more than 6,400 acres, and for public purposes 
other than recreation an additional 640 acres. In addition, any 
political subdivision of a State may acquire such additional acreage as 
may be needed for roadside parks and rest sites of not more than 10 
acres each.
    (4) If a State or political subdivision has failed in any one 
calendar year to receive 6,400 acres (not counting public lands for 
small roadside parks and rest sites) and had an application on file on 
the last day of that year, the State, State park agency or political 
subdivision may receive additional public lands to the extent that the 
conveyances would not have exceeded the limitations for that year.
    (5) Any nonprofit corporation or nonprofit association may acquire 
for recreational purposes not more than 640 acres and for public 
purposes other than recreation an additional 640 acres.
    (6) Acreage limitations described in this section do not apply to 
conveyances made under section 211 of the Federal Land Policy and 
Management Act of 1976.

[[Page 251]]

    (b) Conveyances within any State shall not exceed 25,600 acres for 
recreational purposes per calendar year, except that should any State 
park agency or political subdivision fail in one calendar year to 
receive 6,400 acres other than small roadside parks and rest sites, 
additional conveyances may be made thereafter to that State park agency 
or political subdivision pursuant to any application on file on the last 
day of said year to the extent that the conveyances would not have 
exceeded the limitations of said year.
    (c) No patents shall be issued under the act unless and until the 
public lands are officially surveyed. This requirement does not apply to 
islands patented under the authority of section 211(a) of the Federal 
Land Policy and Management Act of 1976.
    (d) All leases and patents issued under the act shall reserve to the 
United States all minerals together with the right to mine and remove 
the same under applicable laws and regulations to be established by the 
Secretary of the Interior. Where such reserved minerals are subject to 
disposition under the provisions of the Mineral Leasing Act of 1920, as 
amended, and supplemented (30 U.S.C. 181 et seq.), the Materials Act of 
July 31, 1947, as amended (30 U.S.C. 601 et seq.) and the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.), the regulations contained in 
Subchapter C of this title shall be utilized.
[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985]



Sec. 2741.8  Price.

    (a) Conveyances for recreational or historic-monument purposes to a 
State, county, or other State or Federal instrumentality or political 
subdivision shall be issued without monetary consideration.
    (b) All other conveyances shall be made at prices established by the 
Secretary of the Interior through appraisal or otherwise, taking into 
consideration the purpose for which the land is to be used.
    (c) Patents shall be issued only after payment of the full purchase 
price by a patent applicant.
[44 FR 43472, July 25, 1979. Redesignated at 50 FR 50300, Dec. 10, 1985]



Sec. 2741.9  Patent provisions.

    (a) All patents under the act shall provide that title shall revert 
upon a finding, after notice and opportunity for a hearing, that, 
without the approval of the authorized officer:
    (1) The patentee or its approved successor attempts to transfer 
title to or control over the lands to another;
    (2) The lands have been devoted to a use other than that for which 
the lands were conveyed;
    (3) The lands have not been used for the purpose for which they were 
conveyed for a 5-year period; or
    (4) The patentee has failed to follow the approved development plan 
or management plan.
    (b) Patents shall also provide that the Secretary of the Interior 
may take action to revest title in the United States if the patentee 
directly or indirectly permits his agents, employees, contractors, or 
subcontractors (including without limitation lessees, sublessees, and 
permittees) to prohibit or restrict the use of any part of the patented 
lands or any of the facilities thereon by any person because of such 
person's race, creed, color, sex or national origin.
[44 FR 43472, July 25, 1979. Redesignated at 50 FR 50300, Dec. 10, 1985]



  Subpart 2742--Recreation and Public Purposes Act: Omitted Lands and 
                           Unsurveyed Islands

    Source:  44 FR 41794, July 18, 1979, unless otherwise noted. 
Redesignated at 50 FR 50301, Dec. 10, 1985.



Sec. 2742.1  Lands subject to disposition.

    Omitted lands and unsurveyed islands may be conveyed to States and 
their local political subdivisions under the provisions of section 211 
of the Federal Land Policy and Management Act (43 U.S.C. 1721).
[50 FR 50301, Dec. 10, 1985]

[[Page 252]]



Sec. 2742.2  Qualifications of applicants.

    States and their political subdivisions are qualified applicants.



Sec. 2742.3  Survey requirement.

    (a) Islands. (1) Survey is not necessary. However, unsurveyed 
islands shall be determined by the Secretary to be public lands of the 
United States.
    (2) Islands shall be surveyed at the request of the applicant, as 
provided in part 9185 of this chapter.
    (b) Determination as to whether lands, other than islands, are 
public lands of the United States erroneously or fraudulently omitted 
from the original surveys shall be by survey. Surveys shall be in 
accordance with the requirements of part 9185 of this title.



Sec. 2742.4  Conveyance limitations.

    (a) No conveyances shall be made under this section until the 
relevant State government, local government, and areawide planning 
agency have notified the Secretary as to the consistency of such 
conveyance with applicable State and local government land use plans and 
programs.
    (b) At least 60 days prior to offering for sale or otherwise 
conveying public lands under this section, the Secretary shall notify 
the Governor of the State within which such lands are located and the 
head of the governing body of any political subdivision of the State 
having zoning or other land-use regulatory jurisdiction in the 
geographical area within which such lands are located in order to afford 
the appropriate body the opportunity to zone or otherwise regulate 
change or amend existing zoning or other regulations concerning the use 
of such lands prior to such conveyance.
    (c) Conveyances under this section may be made without regard to 
acreage limitations contained in the Recreation and Public Purposes Act.



Sec. 2742.5  Consistency with other laws.

    The provision of the Recreation and Public Purposes Act prohibiting 
disposal for any use authorized under any other law does not apply to 
conveyances under this subpart.



 Subpart 2743--Recreation and Public Purposes Act: Solid Waste Disposal

    Source:  57 FR 32733, July 23, unless otherwise noted.



Sec. 2743.1  Applicable regulations.

    Unless the requested action falls within the provision of 
Sec. 2743.2(b), applications filed or actions taken under this subpart 
shall be subject to all the requirements set forth in subpart 2741 of 
this chapter except Secs. 2741.6 and 2741.9.



Sec. 2743.2  New disposal sites.

    (a) Public lands may be conveyed for the purpose of solid waste 
disposal or for any other purpose that the authorized officer determines 
may include the disposal, placement, or release of any hazardous 
substance subject to the following provisions:
    (1) The applicant shall furnish a copy of the application, plan of 
development, and any other information concerning the proposed use to 
all Federal and State agencies with responsibility for enforcement of 
laws applicable to lands used for the disposal, placement, or release of 
solid waste or any hazardous substance. The applicant shall include 
proof of this notification in the application filed with the authorized 
officer;
    (2) The proposed use covered by an application shall be consistent 
with the land use planning provisions contained in part 1600 of this 
title, and in compliance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4371) and any other Federal 
and State laws and regulations applicable to the disposal of solid 
wastes and hazardous substances;
    (3) Conveyance shall be made only of lands classified for sale 
pursuant to the procedures and criteria in part 2400 of this title;
    (4) The applicant shall warrant that it will indemnify and hold the 
United States harmless against any liability that may arise out of any 
violation of Federal or State law in connection with the use of the 
lands;

[[Page 253]]

    (5) The authorized officer shall investigate the lands covered by an 
application to determine whether or not any hazardous substance is 
present. The authorized officer will require full reimbursement from the 
applicant for the costs of the investigation. The authorized officer 
may, in his or her discretion, make an exception to the requirement of 
full reimbursement if the applicant demonstrates that such costs would 
result in undue hardship. The investigation shall include but not be 
limited to:
    (i) A review of available records related to the history and use of 
the land;
    (ii) A visual inspection of the property; and
    (iii) An appropriate analysis of the soil, water and air associated 
with the area;
    (6) The investigation conducted under paragraph (a)(5) of this 
section must disclose no hazardous substances and there is a reasonable 
basis to believe that no such substances are present; and
    (7) The applicant shall present certification from the State agency 
or agencies responsible for environmental protection and enforcement 
that they have reviewed all records, inspection reports, studies, and 
other materials produced or considered in the course of the 
investigation and that based on these documents, such agency or agencies 
agree with the authorized officer that no hazardous substances are 
present on the property.
    (b) The authorized officer shall not convey public lands covered by 
an application if hazardous substances are known to be present.
    (c) The authorized officer shall retain as permanent records all 
environmental analyses and appropriate documentation, investigation 
reports, State certifications, and other materials produced or 
considered in determining the suitability of public lands for conveyance 
under this section.



Sec. 2743.2-1  Patent provisions for new disposal sites.

    For new disposal sites, each patent will provide that:
    (a) The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement, or release of hazardous 
substances;
    (b) The patentee shall indemnify and hold harmless the United States 
against any legal liability or future costs that may arise out of any 
violation of such laws;
    (c) Except as provided in paragraph (e) of this section, the land 
conveyed under Sec. 2743.2 of this part shall revert to the United 
States unless substantially used in accordance with an approved plan and 
schedule of development on or before the date five years after the date 
of conveyance;
    (d) If, at any time, the patentee transfers to another party 
ownership of any portion of the land not used for the purpose(s) 
specified in the application and the approved plan of development, the 
patentee shall pay the Bureau of Land Management the fair market value, 
as determined by the authorized officer, of the transferred portion as 
of the date of transfer, including the value of any improvements 
thereon; and
    (e) No portion of the land covered by such patent shall under any 
circumstance revert to the United States if such portion has been used 
for solid waste disposal or for any other purpose that the authorized 
officer determines may result in the disposal, placement, or release of 
any hazardous substance.



Sec. 2743.3  Leased disposal sites.

    (a) Upon request by or with the concurrence of the lessee, and only 
with the express approval of the Director, Bureau of Land Management, 
the authorized officer may issue a patent for those lands covered by a 
lease, or portion thereof, issued on or before November 9, 1988, that 
have been or will be used, as specified in the plan of development, for 
solid waste disposal or for any other purpose that the authorized 
officer determines may result in or include the disposal, placement, or 
release of any hazardous substance, subject to the following provisions:
    (1) All conveyances shall be consistent with the land use planning 
provisions contained in part 1600 of this title, and in compliance with 
the requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4371) and any other Federal and State

[[Page 254]]

laws and regulations applicable to the disposal of solid wastes and 
hazardous substances;
    (2) Conveyances shall be made only of lands classified for sale 
pursuant to the procedures and criteria in part 2400 of this title.
    (3) The authorized officer shall investigate the lands to be 
included in the patent to determine whether they are contaminated with 
hazardous substances. The authorized officer will require full 
reimbursement from the lessee for the costs of the investigation. The 
authorized officer may, in his or her discretion, make an exception to 
the requirement of full reimbursement if the applicant demonstrates that 
such costs would result in undue hardship. The investigation shall 
include but not be limited to the following:
    (i) A review of all records and inspection reports on file with the 
Bureau of Land Management, State, and local agencies relating to the 
history and use of the lands covered by a lease and any violations and 
enforcement problems that occurred during the term of the lease;
    (ii) Consultation with the lessee and users of the landfill 
concerning site management and a review of all reports and logs 
pertaining to the type and amount of solid waste deposited at the 
landfill;
    (iii) A visual inspection of the leased site; and
    (iv) An appropriate analysis of the soil, water and air associated 
with the area;
    (4) The investigation conducted under paragraph (a)(3) of this 
section must establish that the involved lands contain only those 
quantities and types of hazardous substances consistent with household 
wastes, or wastes from conditionally exempt small quantity generators 
(40 CFR 261.5), and there is a reasonable basis to believe that the 
contents of the leased disposal site do not threaten human health and 
the environment; and
    (5) The applicant shall present certification from the State agency 
or agencies responsible for environmental protection and enforcement 
that they have reviewed all records, inspection reports, studies, and 
other materials produced or considered in the course of the 
investigation and that based on these documents, such agency or agencies 
agree with the authorized officer that the contents of the leased 
disposal site in question do not threaten human health and the 
environment.
    (b) The authorized officer shall not convey lands identified in 
paragraph (a) of this section if the investigation concludes that the 
lands contain hazardous substances at concentrations that threaten human 
health and the environment.
    (c) The authorized officer shall retain as permanent records all 
environmental analyses and appropriate documentation, investigation 
reports, State certifications, and other materials produced or 
considered in determining the suitability of public lands for conveyance 
under this section.



Sec. 2743.3-1  Patent provisions for leased disposal sites.

    Each patent for a leased disposal site will provide that:
    (a) The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement, or release of hazardous 
substances;
    (b) The patentee shall indemnify and hold harmless the United States 
against any legal liability or future costs that may arise out of any 
violation of such laws; and
    (c) No portion of the land covered by such patent shall under any 
circumstance revert to the United States.



Sec. 2743.4  Patented disposal sites.

    (a) Upon request by or with the concurrence of the patentee, the 
authorized officer may renounce the reversionary interests of the United 
States in land conveyed on or before November 9, 1988, and rescind any 
portion of any patent or other instrument of conveyance inconsistent 
with the renunciation upon a determination that such land has been used 
for solid waste disposal or for any other purpose that the authorized 
officer determines may result in the disposal, placement, or release of 
any hazardous substance.
    (b) If the patentee elects not to accept the renunciation of the 
reversionary interests, the provisions contained in Secs. 2741.6 and 
2741.9 shall continue to apply.


[[Page 255]]





PART 2760--TOWNSITES--Table of Contents




                     Subparts 2760-2763  [Reserved]

                   Subpart 2764--Reclamation Projects

Sec.
2764.1  Procedure governing appraisement and sale.
2764.2  Installment payments.
2764.3  Reappraisement and sale of unsold lots.
2764.4  Public reserves; patents therefor.

    Subpart 2765--Grant of Lands in Reclamation Townsites for School 
                                Purposes

2765.1  Application to be made by school district; action thereon.

    Authority:  R.S. 2478, R.S. 2380-2389, as amended, 2391-2394, secs. 
1,3,4, 19 Stat. 392, as amended, sec. 16, 26 Stat. 1101, 26 Stat. 502, 
32 Stat. 820; 43 U.S.C. 1201, 711-731.



                     Subparts 2760-2763  [Reserved]



                   Subpart 2764--Reclamation Projects

    Source:  35 FR 9625, June 13, 1970, unless otherwise noted.



Sec. 2764.1  Procedure governing appraisement and sale.

    The Commissioner of Reclamation shall from time to time, with the 
concurrence of the appropriate officer of the Bureau of Land Management, 
authorize the appraisement and sale of lots in reclamation townsites. 
Notices of sale will be issued and other actions taken by those officers 
in accordance with the townsite regulations contained in Secs. 2760.0-3, 
2761.1 and 2761.2.



Sec. 2764.2  Installment payments.

    Under authority of section 2 of the Act of June 11, 1910 (36 Stat. 
466; 43 U.S.C. 565), the order for sale may authorize the payment of the 
purchase price of lots, sold in townsites created under the laws in said 
act mentioned, to be made in annual installments.



Sec. 2764.3  Reappraisement and sale of unsold lots.

    The Commissioner of Reclamation, with the concurrence of the 
authorized officer of the Bureau of Land Management, may direct that 
unsold lots shall be reappraised under the first section of the said Act 
of June 11, 1910 (36 Stat. 465; 43 U.S.C. 564). The lots to be 
reappraised will not, from the date of the order therefor, be subject to 
disposal until offered at public sale at the reappraised value.



Sec. 2764.4  Public reserves; patents therefor.

    The public reservations in each town shall be improved and 
maintained by the town authorities at the expense of the town; and upon 
the organization thereof as a municipal corporation, said reservations 
shall be conveyed to such corporation in its corporate name, subject to 
the condition that they shall be used forever for public purposes. To 
secure such conveyances, the municipality shall apply through its proper 
officer for a patent to such reservations, and furnish proof in manner, 
form, and substance as required in Sec. 2766.1.



    Subpart 2765--Grant of Lands in Reclamation Townsites for School 
                                Purposes



Sec. 2765.1  Application to be made by school district; action thereon.

    (a) At any time after the approval of the survey of any Government 
reclamation townsite and the subdivision thereof into town lots, with 
appropriate reservations for public purposes, a school district, in 
order to obtain title under the Act of October 31, 1919 (41 Stat. 326; 
43 U.S.C. 570), should file through its proper officers, its application 
for patent to the unreserved, unappropriated, undisposed of lands it may 
desire, not exceeding 6 acres in area, therein, specifically describing 
the same by lot and block numbers, as delineated and designated on the 
approved townsite plat; submit sufficient and satisfactory reasons 
showing that the area applied for is needed for its use; that the land 
is unappropriated and subject to disposition under the Act, in order 
that the Department of the Interior may be fully advised that there is 
no adverse claim for the land applied for; and therewith furnish the 
certificate of the superintendent of

[[Page 256]]

public instruction, or other officer performing such function, having 
jurisdiction over the county in which the townsite is situate, showing 
that the district is a duly organized district under the laws of the 
State and entitled to hold real estate in its corporate name.
    (b) The applicant must also procure and file with the application, 
at the time of the filing of the same or as early as practicable after 
the filing of such application, a statement by the official having 
charge of the project in which the land is located, showing that the 
disposal of the land applied for will not in any manner interfere with 
said project, such statement having been previously approved by the 
Commissioner of Reclamation.
    (c) There is no limit to the number of applications which may be 
filed by a qualified school district, the only limitation being that the 
total acreage which may be patented to such a district shall not exceed 
6 acres in area within any Government reclamation townsite situated 
within such school district. Whenever, therefore, more than one 
application is filed by the same applicant, such applicant should refer 
by serial number, to all previous applications filed by it.
    (d) The application and proof must be filed in the proper office 
wherein the land applied for is situate, and if the authorizing officer 
thereof finds the same sufficient and if the Bureau of Reclamation makes 
favorable report upon the said application, the authorizing officer will 
issue certificate of entry, the same to provide that if any land so 
conveyed cease entirely to be used for school purposes title thereto 
shall revert to and revest in the United States.
[35 FR 9625, June 13, 1970]



PART 2780--SPECIAL AREAS--Table of Contents




                Subpart 2781--State Irrigation Districts

2781.0-3  Authority.
2781.1  Procedures.
2781.1-1  Application by a district for approval.
2781.1-2  Proof of organization.
2781.1-3  Evidence of water right.
2781.1-4  Maps and details to be shown thereon.
2781.1-5  Plans and specifications.
2781.1-6  Complete data required.
2781.1-7  Statements and certificates on maps.
2781.1-8  Application for right-of-way.
2781.2  Lands included.
2781.2-1  Identification of unsurveyed lands.
2781.2-2  Lands in more than one land district.
2781.3  Requirements when lands are to be claimed by Bureau of 
          Reclamation.
2781.4  Taxes and assessments.
2781.5  Status of lands.
2781.5-1  Status of lands within approved irrigation districts.
2781.5-2  Entries under the Reclamation Act.
2781.5-3  Entry of lands unentered when tax or assessment was levied; 
          section 5, Act of August 11, 1916.
2781.6  When tax title will not be recognized.
2781.7  Reentry of land covered by canceled entries; section 6, Act of 
          August 11, 1916.
2781.8  Cash entries; section 6, Act of August 11, 1916.
2781.9  Application to purchase.


Appendix A to Part 2780

    Authority:  R.S. 2478; 43 U.S.C. 1201.



                Subpart 2781--State Irrigation Districts

    Source:  35 FR 9628, June 13, 1970, unless otherwise noted. 
Redesignated at 50 FR 46771, Nov. 13, 1985.



Sec. 2781.0-3  Authority.

    The Act of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630) 
empowers the Secretary of the Interior, following the presentation of 
proper applications, to investigate the plans and financial and physical 
resources of irrigation districts theretofore or thereafter organized 
pursuant to the law of any State, and if he shall find and conclude that 
any such applicant has planned and is executing an altogether 
meritorious and feasible irrigation undertaking, to grant his approval 
of its plan and undertaking, provided a majority of acreage thereof is 
not unentered land, to the end that upon such approval, and upon 
compliance by such districts with the conditions in said act 
specifically set forth, all unentered public land and land which has 
been entered, but upon which certificate has not issued, shall be 
subject to all the provisions of the laws of the State in which such 
lands shall be situated relating to the organization, government, and 
regulation of

[[Page 257]]

irrigation districts for the reclamation and irrigation of arid lands 
for agricultural purposes to the same extent and upon like terms as are 
privately owned lands within the district. This includes the right of 
the district to levy and collect taxes on unpatented land for the 
purpose of raising funds with a view to the construction, operation, and 
maintenance of the irrigation system, but does not grant the right to 
tax generally or for any purpose not definitely connected with the 
construction and maintenance of the irrigation works. The right of the 
district to sell lands which were entered at the date of the levy of any 
such lawful tax or assessment remaining unpaid is also provided for, 
together with the right of individuals to make entry of such land after 
the period of redemption from tax sales has expired.



Sec. 2781.1  Procedures.



Sec. 2781.1-1  Application by a district for approval.

    Any irrigation district desiring to obtain the benefits of the Act 
of August 11, 1916, should file in the proper office for the district 
within which the lands are situated an application, in duplicate, 
consisting of the following:
    (a) A statement setting forth concisely the legal address of the 
district; the date when, by court decree or otherwise, it was finally 
declared to be fully organized; the name and title of all officers of 
the district qualified at the date of the filing of the application; the 
gross amount of land embraced in the district; the amount of irrigable 
land within the district; the amount of privately owned land within the 
district; the amount of entered land for which final certificate has not 
issued; the amount of unentered public land; the amount of land embraced 
within a withdrawal for a United States reclamation project; the amount 
of land otherwise withdrawn (within Indian, forest, power-site, or other 
withdrawal); how much (percent) of the project has been completed; what 
bond issue, if any, has been finally consummated, and the present bonded 
debt; whether contract has been made with the United States under the 
Reclamation Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 372 et seq.), 
or is pending, and if any such, the date thereof; and any other facts or 
circumstances which would throw light on or be pertinent to a full 
understanding of the present condition or future prospects of the 
district.
    (b) Proof of organization.
    (c) Evidence of water right and sufficiency of available water 
supply.
    (d) Maps showing the project.
    (e) Plans and specifications.
    (f) Such data as may be necessary to a full understanding of the 
situation.
    (g) All applications by State irrigation districts for approval 
under the Act of August 11, 1916, must be accompanied by an application 
service fee of $10 which will not be returnable.



Sec. 2781.1-2  Proof of organization.

    A properly authenticated copy in duplicate of the proceedings 
through which the district claims corporate existence should be filed. 
The character of this proof will, of course, depend upon the State 
statute under which the organization was effected.



Sec. 2781.1-3  Evidence of water right.

    If the lands to be reclaimed are wholly withdrawn lands within a 
United States reclamation project, and the right to the use of the water 
depends solely upon an appropriation by the Government, no evidence of 
water right will be required; but if dependence is placed upon any water 
appropriation other than one claimed by the Government, either for the 
reclamation of the whole or a portion of the lands sought to be made 
subject to the Act of August 11, 1916, certified copies of such 
instruments as will show title to the water rights claimed should be 
filed with the application. A statement as to whether the stream or 
other body of water from which the water supply is to be secured has 
been adjudicated, and if so, the court in which the decree was granted 
and the date thereof, should be given. If water measurements have not 
been taken, a detailed report showing the foundation for the belief that 
sufficient water exists should be filed.

[[Page 258]]



Sec. 2781.1-4  Maps and details to be shown thereon.

    (a) There should also be filed in duplicate with the application 
tracings showing by smallest legal subdivision, in accordance with the 
latest official survey, all of the lands embraced within the confines of 
the district; the status of the various tracts should be differentiated, 
by markings on each legal subdivision, in black India ink, letters 
corresponding to the status of the land, as follows:
    (1) Privately owned land.
    (2) Lands which have been entered but for which certificate has not 
been issued.
    (3) Lands withdrawn under the Reclamation Act.
    (4) Lands otherwise withdrawn.
    (5) Unentered public lands.

    Note: If a tract of land appears to come within two of the 
designations, both letters should be used.

    (b) Unless one-eighth of any smallest legal subdivision is 
susceptible of reclamation from the irrigation system as planned or 
constructed, the district should not request its designation, except 
where it is shown that such irrigable area, where less than one-eighth 
of the subdivision, will when reclaimed be more valuable than the entire 
subdivision in its native state.
    (c) These tracings should be made on tracing linen with India ink. 
Three scales are permissible: 2,000 feet to the inch, 1,000 feet to the 
inch, or 500 feet to the inch. No other scales should be used, and the 
scale most adaptable to a clear showing of the matters and things set 
forth thereon should be used, but in no case should any one tracing be 
over 36 inches in width.
    (d) The tracings should also show the outlines, properly tied, of 
any reservoirs, canals, ditches, power plants, transmission lines, or 
other aids to reclamation which are included in the system as well as 
cross sections, properly drawn to scale, of dams and canals.
    (e) If the irrigation system relied upon for the reclamation of the 
lands within the district is entirely a United States reclamation 
project, it will be unnecessary to furnish a map. See section 3 of the 
Act of May 15, 1922 (42 Stat. 542; 12 U.S.C. 773). If, however, public 
lands are to be reclaimed, in whole or in part, by means other than 
under a United States reclamation project, such system or the portion 
thereof not connected with the United States reclamation project should 
be shown by map.



Sec. 2781.1-5  Plans and specifications.

    (a) If the district irrigation works have been constructed, either 
fully or partially, plans and specifications of the principal 
structures, sufficient to show the designs and methods of construction, 
prepared by a competent engineer, should be filed together with an 
authenticated statement of the amount actually expended upon the 
construction and the estimated amount necessary to complete the system.
    (b) If no construction has been undertaken, preliminary plans 
showing the estimated cost of the project and the salient features 
thereof in sufficient detail to establish the feasibility of the project 
will be sufficient.



Sec. 2781.1-6  Complete data required.

    As each project must necessarily stand or fall upon its own merits, 
it will be impossible to specify minutely all of the data that may be 
required. In every instance, however, the data should be so full and 
complete as to place before the authorized officer all of the 
information necessary to an intelligent consideration of the feasibility 
of the project as a whole. Additional information may be required if the 
data stated upon the original application prove insufficient.



Sec. 2781.1-7  Statements and certificates on maps.

    Each of the maps filed with the application for recognition should 
bear the certificate of the president or other presiding or chief 
officer of the district, countersigned by the secretary, clerk, or other 
recording officer and attested by the seal of the district, in 
accordance with Form No. 1. (See Appendix A.) They should also bear the 
statement of the district's chief engineer, in accordance with Form No. 
2. (See Appendix A.) This certificate and statement should be inscribed 
upon the maps in India ink.

[[Page 259]]



Sec. 2781.1-8  Application for right-of-way.

    If any unpatented public land or any reservation of the United 
States is affected by any of the proposed works of the irrigation 
district, application for right-of-way therefor must be filed by the 
district under the appropriate act before the application for 
recognition will be finally approved.



Sec. 2781.2  Lands included.



Sec. 2781.2-1  Identification of unsurveyed lands.

    Where any proposed district includes within its confines unsurveyed 
lands, the lines of survey nearest such unsurveyed lands will be 
protracted.



Sec. 2781.2-2  Lands in more than one land district.

    Where the lands within the confines of the proposed irrigation 
district lie within the jurisdiction of more than one proper office, it 
will only be necessary to file the data in duplicate in one of the 
proper offices; a blueprint copy of the map and one copy of the 
statement, however, should be filed in the other proper offices, 
together with a notice to the authorizing officer that the application, 
in duplicate, has been filed in the other proper office (naming it).



Sec. 2781.3  Requirements when lands are to be claimed by Bureau of Reclamation.

    (a) Section 3 of the Act of May 15, 1922 (42 Stat. 542; 12 U.S.C. 
773), provides as follows:

    That upon the execution of any contract between the United States 
and any irrigation district pursuant to this Act, the public lands 
included within such irrigation district when subject to entry, and 
entered lands within such irrigation district, for which no final 
certificates shall have been issued and which may be designated by the 
Secretary of the Interior in said contract, shall be subject to all the 
provisions of the Act entitled ``An Act to promote the reclamation of 
arid lands,'' approved August 11, 1916: Provided, That no map or plan is 
required by section 3 of the said Act need be filed by the irrigation 
district for approval by the Secretary of the Interior.


    (b) This section is construed as an amendment of the Act of August 
11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), in that it makes unnecessary 
the filing of a map or plan of the district for the approval of the 
Secretary of the Interior in those cases where the lands within a 
district are to be reclaimed by the Bureau of Reclamation under a 
contract between the Secretary of the Interior and the irrigation 
district entered into under the Act of June 17, 1902 (32 Stat. 388), and 
acts amendatory thereof, and in lieu thereof provides for the 
designation by the terms of such contract of the public lands included 
in such a district where subject to entry and entered lands on which no 
final certificates shall have been issued, such designation to make the 
land subject to all the provisions of the Act of August 11, 1916.
    (c) Accordingly it will not be necessary for a district, under such 
circumstances, to file formal application for the designation of the 
land, as provided for in the Act of August 11, 1916, but in connection 
with its negotiations with the Secretary of the Interior for the 
construction of the irrigation system or for repayment of cost if 
already constructed, it should make request for the designation of the 
lands under the Act of August 11, 1916, filing a list thereof.
    (d) In such a case the contract between the Secretary of the 
Interior and the irrigation district must contain a description 
according to the approved plats of survey of the lands within such 
district, properly subject to designation under said Act of August 11, 
1916, and the approval of such a contract by the Secretary unless 
otherwise stipulated, will have the effect of designating the lands as 
provided for in said act and making them subject to all the provisions 
thereof.
    (e) The Bureau of Reclamation will require the district to present a 
list of the land which it desires to have designated under the Act of 
August 11, 1916. From this list the Bureau of Reclamation will eliminate 
tracts which for any reason will not be irrigated (at least to such an 
extent as to make the irrigable portion more valuable than the whole 
tract when unreclaimed) by the system as constructed or to be 
constructed.

[[Page 260]]

    (f) These lists should then be referred by the Bureau of Reclamation 
to the Bureau of Land Management with a view to the elimination of any 
lands not subject to entry, whereupon the remaining tracts will be 
included in the contract between the district and the Secretary of the 
Interior.
    (g) The Commissioner of the Bureau of Reclamation will furnish the 
Director of the Bureau of Land Management with two copies of all such 
contracts, together with two blue-print maps of the district.



Sec. 2781.4  Taxes and assessments.

    (a) Where an irrigation district has been approved by the Secretary 
of the Interior the district must, after each assessment, file with the 
authorizing officer of the proper office for the district within which 
the lands of the irrigation district are situated, an officially 
certified list showing the amount assessed against each smallest legal 
subdivision of unentered or entered and unpatented public land within 
the district, which list shall contain a statement that such assessment 
was made in due form in compliance with the provisions of the State law 
and of this Act. Any assessment or sale, or attempted sale, of such 
lands prior to the approval of the district is without authority of law 
and void.
    (b) Where contracts made between the United States and irrigation 
districts involving public lands of the United States inhibit the 
assessment of unentered public land while in that status, the provisions 
of such contracts must, of course, be complied with by the district.



Sec. 2781.5  Status of lands.



Sec. 2781.5-1  Status of lands within approved irrigation districts.

    (a) For the purpose of entry, the Act of August 11, 1916 (39 Stat. 
506; 43 U.S.C. 621-630), may be considered as dividing the unpatented 
lands within a State irrigation district into two general classes, 
namely, lands withdrawn under the Act of June 17, 1902 (32 Stat. 388; 43 
U.S.C. 372 et seq.), and lands not so withdrawn.
    (b) For the purpose of administration the lands within such a 
district may be considered as divided into the following subordinate 
classes:
    (1) Unpatented public lands when subject to entry.
    (2) Entered unpatented lands.
    (3) Entered lands which shall become vacant by relinquishment or 
cancellation for any cause.
    (c) The approval of a legally organized irrigation district by the 
Secretary of the Interior under said acts, unless otherwise provided by 
contract between the district and the United States, makes the public 
lands within such district, when subject to entry, and the entered lands 
on which no final certificates have issued, subject to a lien for all 
taxes and assessments thereafter lawfully levied by the district to the 
same extent and in the same manner as lands of a like character held 
under private ownership.



Sec. 2781.5-2  Entries under the Reclamation Act.

    (a) Lands within an approved irrigation district withdrawn under the 
Act of June 17, 1902 (32 Stat. 388), shall during the continuance of 
such withdrawal be subject to entry only in the manner provided by said 
act, and amendments thereto and the regulations thereunder.
    (b) When lands included in entries made under the Act of June 17, 
1902, are sold for nonpayment of district taxes or assessments the 
purchaser on the presentation of proper evidence of his tax title shall 
be considered as one holding a complete and valid assignment under the 
Act of June 23, 1910 (36 Stat. 592; 43 U.S.C. 441), and shall perfect 
the entry in the same manner required of an assignee under said act.
    (c) The evidence of such tax title shall be the same as hereinafter 
provided in the case of an applicant under tax title for land not 
subject to the Reclamation Act.



Sec. 2781.5-3  Entry of lands unentered when tax or assessment was levied; section 5, Act of August 11, 1916.

    (a) Public lands within an approved irrigation district which were 
unentered at the time any tax or assessment was levied against same 
shall not be sold for such tax or assessment, but same shall be and 
continue a lien

[[Page 261]]

upon such land, and not more than 160 acres of such land shall be 
entered by any one person, and when such land shall be applied for after 
the approval of the district by the Secretary of the Interior, under the 
homestead or desert-land laws, the applicant shall be required to 
present a certificate from the proper district or county officer showing 
that no unpaid district charges are due, or delinquent, against said 
land.
    (b) Any such application for lands of this character, if 
unaccompanied by the required certificate, will be suspended for 30 days 
to enable the applicant to present such certificate, and if not 
furnished, the application will be rejected, subject to the right of 
appeal.



Sec. 2781.6  When tax title will not be recognized.

    No application to enter or purchase land within an approved 
irrigation district under tax-sale title will be allowed if the sale was 
for taxes or assessments levied prior to the approval of the district by 
the Secretary of the Interior.



Sec. 2781.7  Reentry of land covered by canceled entries; section 6, Act of August 11, 1916.

    (a) In case where any tract of entered land within an approved 
irrigation district shall become vacant by relinquishment or 
cancellation for any cause, any subsequent applicant therefor shall, in 
addition to the qualifications and requirements otherwise provided, be 
required to furnish satisfactory proof by certificate from the proper 
district or county officer showing that he has paid all charges due to 
the district upon said land, and also that he has paid to the proper 
district or county officer for the holder, or holders, of any tax 
certificate, delinquency certificate, or other proper evidence of tax 
sale, the amount for which said land was sold at tax sale, together with 
the interest and penalties thereon provided by law.
    (b) Entries for such land will be limited to 160 acres, as such 
lands come within the general description of ``unentered'' lands.
    (c) It will be observed that as to such land the requirement as to 
payment of taxes, assessments, interest, and penalties applies to any 
subsequent applicant therefor and not solely to applicants under the 
homestead and desert-land law as in the first instance.
    (d) If the application is not accompanied by this evidence the 
authorizing officer will suspend same for 30 days, and if the necessary 
proof of the required payments is not made within such time he will 
reject the application, subject to the right of appeal.


(Sec. 5, 39 Stat. 508; 43 U.S.C. 627)



Sec. 2781.8  Cash entries; section 6, Act of August 11, 1916.

    (a) In case of entered lands within an approved irrigation district 
not subject to the Reclamation Act of June 17, 1902 (32 Stat. 388), the 
purchaser thereof at tax sale, or his assignee (no redemption having 
been made), may receive patent to the land upon the payment to the 
authorizing officer of the proper office of the minimum price of $1.25 
per acre, or such other price as may be fixed by law for such land, 
together with the usual fees and commissions charged in entries of like 
land under the homestead laws, and upon satisfactory showing that the 
irrigation works have been constructed and that water of the district is 
available for such land.
    (b) However, such purchaser or his assignee shall at the time of 
application for patent have the qualifications of either a homestead or 
desert-land entryman, and not more than 160 acres of such land shall be 
patented to any one purchaser.
    (c) If the purchaser at tax sale, or his assignee, shall not within 
90 days after the time for redemption has expired pay to the proper 
authorizing officer all fees and commissions and the purchase price to 
which the United States shall be entitled, as provided in this act, any 
person having the qualifications mentioned may pay to the proper 
authorizing officer for not more than 160 acres of such land the unpaid 
purchase price, fees, and commissions to which the United States may be 
entitled, and upon satisfactory proof that he has paid to the purchaser 
at tax sale, or to his assignee, or to the proper officer of the 
district for such purchaser, or for the district, as the case

[[Page 262]]

may be, the sum for which the land was sold at sale for irrigation 
district charges, or bid in by the district at such sale, and in 
addition thereto the interest and penalties on the amount bid at the 
rate allowed by law, shall be subrogated to the rights of such purchaser 
to receive patent for said land.



Sec. 2781.9  Application to purchase.

    (a) An application to purchase under the Act of August 11, 1916, and 
the proofs required therewith must be signed by the applicant but need 
not be under oath.
    (b) The application shall contain a description according to the 
approved plats of survey of the land sought to be purchased and shall 
give the serial number or numbers of the entry or entries in which the 
land is then included. The applicant shall also show by like evidence 
required in such cases that he has the qualifications of a homestead or 
desert-land entryman, furnishing the proof thereof.
    (c) He must show whether he is applying as purchaser at tax sale, as 
assignee of such purchaser, or is seeking to be subrogated to the right 
of such purchaser or assignee.
    (d) The application shall not embrace less than a legal subdivision 
or more than 160 acres and shall not include land in more than one land 
district and shall be accompanied by the usual fees and commissions 
provided in entries of like land under the homestead laws, together with 
the purchase price of the land, not less than $1.25 per acre, or such 
other price as may be fixed by law for such land.
    (e) As the laws governing the sale of lands for taxes are not the 
same in the several States affected by this act, and as in some 
instances more than one method of conducting sales is permitted, and as 
the period in which redemption may be made varies, it is not thought 
advisable to formulate specific rules governing proof of tax titles. 
However, the following general rules must be observed:
    (1) If the tax title is based on court proceedings a copy of the 
decree or order of the court under the seal of the clerk of the court 
must be furnished. The certificate of the clerk of court should make 
specific reference to the laws governing such sale and show that the 
period of redemption has expired without redemption having been made, 
citing the statute.
    (2) If the sale was made by the district or under other than court 
proceedings the certificate of the officer conducting such sale, under 
the seal of his office, must be furnished. This certificate should show 
that all steps necessary to legalize such sale were taken, citing the 
statutes, and should show that the period of redemption has expired 
without redemption being made.
    (3) No application to purchase under this act will be accepted for 
lands included in more than one pending entry unless necessary in order 
to make the 160 acres maximum area to which the applicant may be 
entitled, but in such event the land applied for must, if practicable, 
be contiguous, and if not contiguous, as nearly so as the circumstances 
will permit.
    (4) If the application is not complete in substance, or based on an 
unredeemable tax title, the authorizing officer will hold same for 
rejection, subject to the usual right of appeal. If the application is 
found satisfactory and complete in all respects he will notify the 
entryman or entrymen, of the land affected and alleged to have been sold 
at tax sale, of the filing of the application to purchase such land, and 
that because thereof the entry, or entries are held for cancellation (to 
the extent affected by such sale) subject to the usual right of appeal.
    (5) If the application is without objection and contains the 
evidence herein required and water has been made available for the land, 
certificate will be issued by the authorizing officer. If an appeal is 
filed, the same will be considered and disposed of in the usual manner.
    (6) If all be found regular and sufficient, except that the 
irrigation works have not been constructed and water has not been made 
available, the certificate will be withheld pending proof of 
construction and of the availability of water.
    (7) When the application to purchase is approved, and, without 
regard to whether or not such purchaser shall

[[Page 263]]

then be entitled to certificate and patent (which will depend upon the 
question of construction of irrigation works and the availability of 
water), the conflicting entry, or entries, as the case may be, to the 
extent to which the land was sold for delinquent taxes or assessments, 
no appeal having been filed, will be canceled of record.

                         Appendix A to Part 2780

                                 form 1

    I, ----------, the duly elected, qualified, and acting ---------- 
(designation of office) of the ---------- irrigation district, duly 
organized under the laws of the State of ---------- as found at page --
-------- of ----------, \1\ do hereby certify that the plan of 
irrigation and survey herewith is submitted under authority of the said 
district granted by resolution of the board of directors (or trustees) 
of said district, adopted on the ---------- day of ----------, 19--, a 
copy of which said resolution, duly verified by the secretary of said 
district, is submitted with, and by this reference made a part of, this 
certificate; and application is hereby made for the designation, under 
the Act of August 11, 1916 (39 Stat. 506), of the tracts marked hereon 
``b'' or ``e''; that the said tracts are each and every one of such 
character as to be subject to the provisions of the homestead or desert 
land laws of the United States and that the majority acreage in the said 
irrigation district is not unentered land.

    \1\ Give citation to act or acts under which the district is 
organized.
---------------------------------------------------------------------------

 (Name)  _______________________________________________________________
(Official title)  ______________________________________________________

                                  Of the ---------- Irrigation District.

    Attest:
    [seal]


                                              (Secretary (or other title
                                                   of recording officer)

                                 form 2

State of ----------
      County of ----------, ss:
    ----------, being duly sworn, says that he is the chief engineer of 
the ---------- irrigation district; that the tracts shown hereon to be 
designated under the Act of August 11, 1916 (39 Stat. 506), are each and 
every one of such character as to be subject to the provisions of the 
homestead or desert land laws of the United States; \2\ that he has 
personally examined the same; that there is not to his knowledge within 
the limits thereof any vein or lode of quartz or other rock in place 
bearing gold, silver, cinnabar, lead, tin, or copper, nor, within such 
limits, any placer, nor cement, gravel, salt spring, or deposit of salt, 
nor any other valuable mineral deposit (if necessary insert: except 
mineral deposits within the purview of the Acts of March 3, 1909 (35 
Stat. 844), and June 22, 1910 (36 Stat. 583), or of the Act of July 17, 
1914 (38 Stat. 509), as the facts may warrant); that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners, or otherwise; that no portion of said land is worked for mineral 
during any part of the year by any person or persons; that said land is 
essentially nonmineral land (exception as above if necessary); that none 
of the unentered lands contain springs or water holes (see withdrawal of 
April 17, 1926, also Circular No. 1066, approved May 25, 1926, 51 L.D. 
457); that the plan of irrigation herewith submitted is accurately and 
fully represented in accordance with ascertained facts; that the system 
proposed is sufficient to thoroughly irrigate and reclaim said land and 
prepare it to raise ordinary agricultural crops, as is shown in the 
accompanying report; that at least one-eighth of each smallest legal 
subdivision for which designation is sought is susceptible of 
reclamation from the irrigation system or (where less than one-eighth 
the irrigable portion of such tract) will be of more value when 
reclaimed than the entire tract in its native state; that the survey of 
said system of irrigation is accurately represented upon this map and 
the accompanying field notes; and that the limits of said irrigation 
district are correctly shown hereon.

    \2\ If the chief engineer has not made a personal examination of the 
land sufficiently in detail to enable him to make that part of the 
affidavit bracketed, it should be omitted herefrom and a separate 
affidavit should be made on the map as to such facts by some person who 
has made such examination.


    Subscribed and sworn to before me this ---------- day of ----------, 
19--.
    [seal]

 (Notary Public)  ______________________________________________________
    My commission expires----------.

                     Group 2800--Use; Rights-of-Way



PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES--Table of Contents




                  Subpart 2800--Rights-of-Way: General

Sec.
2800.0-1  Purpose.
2800.0-2  Objectives.
2800.0-3  Authority.
2800.0-5  Definitions.
2800.0-7  Scope.

[[Page 264]]

2800.0-9  Information collection.

Subpart 2801--Terms and Conditions of Rights-of-Way Grants and Temporary 
                               Use Permits

2801.1  Nature of interest.
2801.1-1  Nature of right-of-way interest.
2801.1-2  Reciprocal grants.
2801.2  Terms and conditions of interest granted.
2801.3  Unauthorized use, occupancy, or development.
2801.4  Right-of-way grants issued on or before October 21, 1976.

                       Subpart 2802--Applications

2802.1  Preapplication activity.
2802.2  Application filing activity.
2802.2-1  Application filing.
2802.2-2  Coordination of applications.
2802.3  Application content.
2802.4  Application processing.
2802.5  Special application procedures.

             Subpart 2803--Administration of Rights Granted

2803.1  General requirements.
2803.1-2  Rental.
2803.1-3  Competitive bidding.
2803.1-4  Bonding.
2803.1-5  Liability.
2803.2  Holder activity.
2803.3  Immediate temporary suspension of activities.
2803.4  Suspension and termination of right-of-way authorizations.
2803.4-1  Disposition of improvements upon terminations.
2803.5  Change in Federal jurisdiction or disposal of lands.
2803.6  Amendments, assignments and renewals.
2803.6-1  Amendments.
2803.6-2  Amendments to existing railroad grants.
2803.6-3  Assignments.
2803.6-4  Reimbursement of costs for assignments.
2803.6-5  Renewals of right-of-way grants and temporary use permits.

                          Subpart 2804--Appeals

2804.1  Appeals procedure.

           Subpart 2806--Designation of Right-of-Way Corridors

2806.1  Corridor designation.
2806.2  Designation criteria.
2806.2-1  Procedures for designation.

              Subpart 2807--Reservation to Federal Agencies

2807.1  Application filing.
2807.1-1  Document preparation.
2807.1-2  Reservation termination and suspension.

                  Subpart 2808--Reimbursement of Costs

2808.1  General.
2808.2  Cost recovery categories.
2808.2-1  Application categories.
2808.2-2  Category determination.
2808.3  Fees and payments.
2808.3-1  Application fees.
2808.3-2  Periodic advance payments.
2808.3-3  Costs incurred for a withdrawn or denied application.
2808.3-4  Joint liability for payments.
2808.4  Reimbursement of costs for monitoring.
2808.5  Other cost considerations.
2808.6  Action pending decision on appeal.

    Authority:  43 U.S.C. 1733, 1740, and 1761-1771.

    Source:  45 FR 44526, July 1, 1980, unless otherwise noted.



                  Subpart 2800--Rights-of-Way: General



Sec. 2800.0-1  Purpose.

    The purpose of the regulations in this part is to establish 
procedures for the orderly and timely processing of applications, 
grants, permits, amendments, assignments and terminations for rights-of-
way and permits over, upon, under or through public lands pursuant to 
title V, Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761-
1771) and for the administration, assignment, monitoring and termination 
of right-of-way grants issued on or before October 21, 1976, pursuant to 
then existing statutory authority.
[45 FR 44526, July 1, 1980, as amended at 51 FR 6543, Feb. 25, 1986]



Sec. 2800.0-2  Objectives.

    It is the objective of the Secretary of the Interior to grant 
rights-of-way and temporary use permits, covered by the regulations in 
this part, to any qualified individual, business entity, or governmental 
entity and to regulate, control and direct the use of said rights-of-way 
on public land so as to:

[[Page 265]]

    (a) Protect the natural resources associated with the public lands 
and adjacent private or other lands administered by a government agency.
    (b) Prevent unnecessary or undue environmental damage to the lands 
and resources.
    (c) Promote the utilization of rights-of-way in common with respect 
to engineering and technological compatibility, national security and 
land use plans.
    (d) Coordinate, to the fullest extent possible, all actions taken 
pursuant to this part with State and local governments, interested 
individuals and appropriate quasi-public entities.



Sec. 2800.0-3  Authority.

    Sections 303, 310, and 501-511 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733, 1761-1771) authorize the 
Secretary of the Interior to issue regulations providing for the use, 
occupancy, and development of the public lands through permits, 
easements, and rights-of-way.
[54 FR 25854, June 20, 1989]



Sec. 2800.0-5  Definitions.

    As used in this part, the term:
    (a) Act means the Federal Land Policy and Management Act of October 
21, 1976 (43 U.S.C. 1701 et seq.).
    (b) Secretary means the Secretary of the Interior.
    (c) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (d) Public lands means any lands or interest in land owned by the 
United States and administered by the Secretary through the Bureau of 
Land Management, without regard to how the United States acquired 
ownership, except: (1) Lands located on the Outer Continental Shelf; and 
(2) lands held for the benefit of Indians, Aleuts and Eskimos.
    (e) Applicant means any qualified individual, partnership, 
corporation, association or other business entity, and any Federal, 
State or local governmental entity including municipal corporations 
which applies for a right-of-way grant or a temporary use permit.
    (f) Holder means any applicant who has received a right-of-way grant 
or temporary use permit.
    (g) Right-of-way means the public lands authorized to be used or 
occupied pursuant to a right-of-way grant.
    (h) Right-of-way grant means an instrument issued pursuant to title 
V of the act, or issued on or before October 21, 1976, pursuant to then 
existing statutory authority, authorizing the use of a right-of-way 
over, upon, under or through public lands for construction, operation, 
maintenance and termination of a project.
    (i) Temporary use permit means a revocable non-possessory, non-
exclusive privilege, authorizing temporary use of public lands in 
connection with construction, operation, maintenance, or termination of 
a project.
    (j) Facility means an improvement constructed or to be constructed 
or used within a right-of-way pursuant to a right-of-way grant. For 
purposes of communication site rights-of-way, facility means the 
building, tower, and/or other related incidental improvements authorized 
under terms of the right-of-way grant.
    (k) Project means the transportation or other system for which the 
right-of-way is authorized.
    (l) Designated right-of-way corridor means a parcel of land either 
linear or areal in character that has been identified by law, by 
Secretarial Order, through the land use planning process or by other 
management decision as being a preferred location for existing and 
future right-of-way grants and suitable to accommodate more than 1 type 
of right-of-way or 1 or more rights-of-way which are similar, identical 
or compatible; and
    (m) Casual use means activities that involve practices which do not 
ordinarily cause any appreciable disturbance or damage to the public 
lands, resources or improvements and, therefore, do not require a right-
of-way grant or temporary use permit under this title.
    (n) Transportation and utility corridor means a parcel of land, 
without fixed limits or boundaries, that is being used as the location 
for 1 or more transportation or utility right-of-way.

[[Page 266]]

    (o) Actual costs means the financial measure of resources expended 
or used by the Bureau of Land Management in processing a right-of-way 
application or monitoring the construction, operation and termination of 
a facility authorized by a grant or permit. Actual costs includes both 
direct and indirect costs, exclusive of management overhead.
    (p) Monetary value of the rights and privileges sought means the 
objective value of the right-of-way or permit or what the right-of-way 
grant or temporary use permit is worth in financial terms to the 
applicant.
    (q) Cost incurred for the benefit of the general public interest 
(public benefit) means funds expended by the United States in connection 
with the processing of an application for studies and data collection 
determined to have value or utility to the United States or the general 
public separate and apart from application processing.
    (r) Public service provided means tangible improvements, such as 
roads, trails, recreation facilities, etc., with significant public 
value that are expected in connection with the construction and 
operation of the project for which a right-of-way grant is sought.
    (s) Efficiency to the Government processing means the ability of the 
United States to process an application with a minimum of waste, expense 
and effort.
    (t) Management overhead costs means costs associated with the Bureau 
directorate, including all State Directors and the entire Washington 
Office staff, except where a member of such staffs is required to 
perform work on a specific right-of-way or temporary use permit case.
    (u) Trespass means any use, occupancy or development of the public 
lands or their resources without authorization to do so from the United 
States where authorization is required, or which exceeds such 
authorization or which causes unnecessary or undue degradation of the 
land or resources.
    (v) Willful trespass means the voluntary or conscious trespass as 
defined at subpart 2801 of this title. The term does not include an act 
made by mistake or inadvertence. The term includes actions taken with 
criminal or malicious intent. A consistent pattern of trespass may be 
sufficient to establish the knowing or willful nature of the conduct, 
where such consistent pattern is neither the result of mistake or 
inadvertence. Conduct which is otherwise regarded as being knowing or 
willful does not become innocent through the belief that the conduct is 
reasonable or legal.
    (w) Nonwillful trespass means a trespass, as defined at 
Sec. 2801.3(a) of this title, committed by mistake or inadvertence.
    (x) Unnecessary or undue degradation means surface disturbance 
greater than that which would normally result when the same or a similar 
activity is being accomplished by a prudent person in a usual, 
customary, and proficient manner that takes into consideration the 
effects of the activity on other resources and land uses, including 
those resources and uses outside the area of activity. This disturbance 
may be either nonwillful or willful as described in Sec. 2800.0-5(v) 
through (w), depending upon the circumstances,
    (y) Written demand means a request in writing for payment and/or 
rehabilitation in the form of a billing delivered by certified mail, 
return receipt requested or personally served.
    (z) Road use, amortization and maintenance charges means the fees 
charged for commercial use of a road owned or controlled by the Bureau 
of Land Management. These fees normally include use fees, amortization 
fees and maintenance fees.
    (aa) Base rent means the amount required to be paid by the holder of 
a right-of-way on public lands for the communication use with the 
highest assigned schedule rent in the facility, in accordance with terms 
of the right-of-way grant.
    (bb) Tenant means an occupant who rents space in a facility and 
operates communication equipment in the facility to resell the 
communication service to others for a profit. For purposes of 
calculating rent, the term ``tenant'' does not include private mobile 
radio or those uses included in the category of Other Communication 
Uses.
    (cc) Customer means a person who is paying the facility owner or 
tenant for

[[Page 267]]

communication services, and is not reselling communication services to 
others. Persons or entities benefiting from private or internal 
communication uses located in a CMRS facility are considered customers 
for purposes of calculating rent.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 51 
FR 6543, Feb. 25, 1986; 52 FR 25808, July 8, 1987; 54 FR 25854, June 20, 
1989; 60 FR 57070, Nov. 13, 1995]



Sec. 2800.0-7  Scope.

    This part sets forth regulations governing:
    (a) Issuing, amending or renewing right-of-way grants for necessary 
transportation or other systems or facilities which are in the public 
interest and which require rights-of-way over, upon, under or through 
public lands, including but not limited to:
    (1) Reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, 
tunnels and other facilities and systems for the impoundment, storage, 
transportation or distribution of water;
    (2) Pipelines and other systems for the transportation or 
distribution of liquids and gases, other than water and other than oil, 
natural gas, synthetic liquid or gaseous fuels, or any refined product 
produced therefrom, and for storage and terminal facilities in 
connection therewith;
    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 
transportation and distribution of solid materials, and facilities for 
the storage of such materials in connection therewith;
    (4) Systems for generation, transmission and distribution of 
electric energy, except that the applicant shall also comply with all 
applicable requirements of the Federal Energy Regulatory Commission 
under the Federal Power Act of 1935 (16 U.S.C. 791);
    (5) Systems for transmission or reception of radio, television, 
telephone, telegraph and other electronic signals, and other means of 
communication;
    (6) Roads, trails, highways, railroads, canals, tunnels, tramways, 
airways, livestock driveways or other means of transportation except 
where such facilities are constructed and maintained in connection with 
commercial recreation facilities on lands in the National Forest System;
    (7) Such other necessary transportation or other systems or 
facilities which are in the public interest and which require rights-of-
way over, upon, under or through such lands; or
    (8) Rights-of-way to any Federal department or agency for pipeline 
purposes for the transportation of oil, natural gas, synthetic liquid or 
gaseous fuels, or any product produced therefrom.
    (b) Temporary use of additional public lands for such purposes as 
the Secretary determines to be reasonably necessary for construction, 
operation, maintenance or termination of rights-of-way, or for access to 
the project or a portion of the project.
    (c) However, the regulations contained in this part do not cover 
right-of-way grants for: Federal Aid Highways, roads constructed or used 
pursuant to cost share or reciprocal road use agreements, wilderness 
areas, and oil, gas and petroleum products pipelines except as provided 
for in Sec. 2800.0-7(a)(8) of this title.



Sec. 2800.0-9  Information collection.

    (a) The information collection requirements contained in part 2800 
of Group 2800 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized 
officer to determine if use of the public lands should be granted for 
rights-of-way grants or temporary use permits. The information will be 
used to make this determination. A response is required to obtain a 
benefit.
    (b) Public reporting burden for this information is estimated to 
average 41.8 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information

[[Page 268]]

Collection Clearance Officer (873), Bureau of Land Management, 
Washington, DC 20240, and the Office of Management and Budget, Paperwork 
Reduction Project, 1004-0102 or 1004-0107, Washington, DC 20503.
[60 FR 57070, Nov. 13, 1995]



Subpart 2801--Terms and Conditions of Rights-of-Way Grants and Temporary 
                               Use Permits



Sec. 2801.1  Nature of interest.



Sec. 2801.1-1  Nature of right-of-way interest.

    (a) All rights in public lands subject to a right-of-way grant or 
temporary use permit not expressly granted are retained and may be 
exercised by the United States. These rights include, but are not 
limited to:
    (1) A continuing right of access onto the public lands covered by 
the right-of-way grant or temporary use permit, and upon reasonable 
notice to the holder, access and entry to any facility constructed on 
the right-of-way or permit area:
    (2) The right to require common use of the right-of-way, and the 
right to authorize use of the right-of-way for compatible uses 
(including the subsurface and air space).
    (b) A right-of-way grant or temporary use permit may be used only 
for the purposes authorized. The holder may allow others to use the land 
as his/her agent in exercising the rights granted.
    (c) All right-of-way grants and temporary use permits shall be 
issued subject to valid existing rights.
    (d) A right-of-way grant or temporary use permit shall not give or 
authorize the holder to take from the public lands any mineral or 
vegetative material, including timber, without securing authorization 
under the Materials Act (30 U.S.C. 601 et seq.), and paying in advance 
the fair market value of the material cut, removed, used, or destroyed. 
However, common varieties of stone and soil necessarily removed in the 
construction of a project may be used elsewhere along the same right-of-
way or permit area in the construction of the project without additional 
authorization and payment. The holder shall be allowed in the 
performance of normal maintenance to do minor trimming, pruning and 
clearing of vegetative material within the right-of-way or permit area 
and around facilities constructed thereon without additional 
authorization and payments. At his discretion and when it is in the 
public interest, the authorized officer may in lieu of requiring an 
advance payment for any mineral or vegetative materials, including 
timber, cut or excavated, require the holder to stockpile or stack the 
material as designated locations for later disposal by the United 
States.
    (e) A holder of a right-of-way grant or temporary use permit may 
assign a grant or permit to another, provided the holder obtains the 
written approval of the authorized officer.
    (f) The holder of a right-of-way grant may authorize other parties 
to use a facility constructed, except for roads, on the right-of-way 
with the prior written consent of the authorized officer and charge for 
such use. In any such arrangement, the holder shall continue to be 
responsible for compliance with all conditions of the grant. This 
paragraph does not limit in any way the authority of the authorized 
officer to issue additional right-of-way grants or temporary use permits 
for compatible uses on or adjacent to the right-of-way, nor does it 
authorize the holder to impose charges for the use of lands made subject 
to such additional right-of-way grants or temporary use permits. 
However, the holder of a right-of-way grant for communication purposes 
may authorize other parties to use a facility, without prior written 
consent of the authorized officer, if so provided by terms and 
conditions of the grant.
    (g) Each right-of-way grant or temporary use permit shall describe 
the public lands to be used or occupied and the grant or permit shall be 
limited to those lands which the authorized officer determines:
    (1) Will be occupied by the facilities authorized;
    (2) To be necessary for the construction, operation, maintenance, 
and termination of the authorized facilities;
    (3) To be necessary to protect the public health and safety; and

[[Page 269]]

    (4) Will do no unnecessary damage to the environment.
    (h) Each grant or permit shall specify its term. The term of the 
grant shall be limited to a reasonable period. A reasonable period for a 
right-of-way grant may range from a month to a year or a term of years 
to perpetuity. The term for a temporary use shall not exceed 3 years. In 
determining the period for any specific grant or permit, the authorized 
officer shall provide for a term necessary to accomplish the purpose of 
the authorization. Factors to be considered by the authorized officer 
for the purpose of establishing an equitable term pertaining to the use 
include, but are not limited to:
    (1) Public purpose served;
    (2) Cost and useful life of the facility; and
    (3) Time limitations imposed by required licenses or permits that 
the holder is required to secure from other Federal or State agencies.
    (i) Each grant issued for a term of 20 years or more shall contain a 
provision requiring periodic review of the grant at the end of the 
twentieth year and at regular intervals thereafter not to exceed 10 
years.
    (j) Each grant shall have a provision stating whether it is 
renewable or not and if renewable, the terms and conditions applicable 
to the renewal.
    (k) Each grant shall not only comply with the regulations of this 
part, but also, comply with the provisions of any other applicable law 
and implementing regulations as appropriate.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 60 
FR 57070, Nov. 13, 1995]



Sec. 2801.1-2  Reciprocal grants.

    When the authorized officer determines from an analysis of land use 
plans or other management decisions that a right-of-way for an access 
road is or shall be needed by the United States across lands directly or 
indirectly owned or controlled by an applicant for a right-of-way grant, 
he or she shall, if it is determined to be in the public interest, 
require the applicant, as a condition to receiving a right-of-way grant, 
to grant the United States an equivalent right-of-way that is adequate 
in duration and rights.



Sec. 2801.2  Terms and conditions of interest granted.

    (a) An applicant by accepting a right-of-way grant, temporary use 
permit, assignment, amendment or renewal agrees and consents to comply 
with and be bound by the following terms and conditions, excepting those 
which the Secretary may waive in a particular case:
    (1) To the extent practicable, all State and Federal laws applicable 
to the authorized use and such additional State and Federal laws, along 
with the implementing regulations, that may be enacted and issued during 
the term of the grant or permit.
    (2) That in the construction, operation, maintenance and termination 
of the authorized use, there shall be no discrimination against any 
employee or applicant for employment because of race, creed, color, sex 
or national origin and all subcontracts shall include an identical 
provision.
    (3) To rebuild and repair roads, fences, and established trails that 
may be destroyed or damaged by construction, operation or maintenance of 
the project and to build and maintain suitable crossings for existing 
roads and significant trails that intersect the project.
    (4) To do everything reasonably within his or her power, both 
independently and upon request of the authorized officer, to prevent and 
suppress fires on or in the immediate vicinity of the right-of-way or 
permit area. This includes making available such construction and 
maintenance forces as may be reasonably obtained for the suppression of 
fires.
    (b) All right-of-way grants and temporary use permits issued, 
renewed, amended or assigned under these regulations shall contain such 
terms, conditions, and stipulations as may be required by the authorized 
officer regarding extent, duration, survey, location, construction, 
operation, maintenance, use and termination. The authorized officer 
shall impose stipulations which shall include, but shall not be limited 
to:
    (1) Requirements for restoration, revegetation and curtailment of 
erosion of the surface of the land, or any other

[[Page 270]]

rehabilitation measure determined necessary;
    (2) Requirements to ensure that activities in connection with the 
grant or permit shall not violate applicable air and water quality 
standards or related facility siting standards established by or 
pursuant to applicable Federal or State law;
    (3) Requirements designed to control or prevent damage to scenic, 
esthetic, cultural and environmental values (including damage to fish 
and wildlife habitat), damage to Federal property and hazards to public 
health and safety;
    (4) Requirements to protect the interests of individuals living in 
the general area who rely on the fish, wildlife and biotic resources of 
the area for subsistence purposes;
    (5) Requirements to ensure that the facilities to be constructed, 
used and operated on the prescribed location are maintained and operated 
in a manner consistent with the grant or permit; and
    (6) Requirements for compliance with State standards for public 
health and safety, environmental protection and siting, construction, 
operation and maintenance when those standards are more stringent than 
Federal standards.



Sec. 2801.3  Unauthorized use, occupancy, or development.

    (a) Any use, occupancy, or development of the public lands that 
requires a right-of-way, temporary use permit, or other authorization 
pursuant to the regulations of that part and that has not been so 
authorized, or that is beyond the scope and specific limitations of such 
an authorization, or that causes unnecessary or undue degradation, is 
prohibited and shall constitute a trespass as defined in Sec. 2800.0-5.
    (b) Anyone determined by the authorized officer to be in violation 
of paragraph (a) of this section shall be notified in writing of such 
trespass and shall be liable to the United States for:
    (1) Reimbursement of all costs incurred by the United States in the 
investigation and termination of such trespass;
    (2) The rental value of the lands, as provided for in Sec. 2803.1-2 
of this title, for the current year and past years of trespass, or where 
applicable, the cumulative value of the current use fee, amortization 
fee, and maintenance fee as determined by the authorized officer for 
unauthorized use of any road administered by the BLM; and
    (3) Rehabilitating and stabilizing any lands that were harmed by 
such trespass. If the trespasser does not rehabilitate and stabilize the 
lands within the time set by the authorized officer in the notice, he/
she shall be liable for the costs incurred by the United States in 
rehabilitating and stabilizing such lands.
    (c) In addition to amounts due under the provisions of paragraph (b) 
of this section, the following penalties shall be assessed by the 
authorized officer:
    (1) For all nonwillful trespass which is not resolved by meeting one 
of the conditions identified in Sec. 9239.7-1 within 30 days of receipt 
of a written demand under paragraph (b) of this section--an amount equal 
to the rental value and for roads, an amount equal to the charges for 
road use, amortization and maintenance which have accrued since the 
inception of the trespass;
    (2) For repeated nonwillful or willful trespass--an amount that is 2 
times the rental value and for roads, an amount 2 times the charges for 
road use, amortization and maintenance which have accrued since the 
inception of the trespass.
    (d) In no event shall settlement for trespass computed pursuant to 
paragraphs (b) and (c) of this section be less than the processing fee 
for a Category I application for provided for in Sec. 2808.3-1 of this 
title for nonwillful trespass or less than 3 times this value for 
repeated nonwillful or knowing and willfull trespass. In all cases the 
trespasser shall pay whichever is the higher of the computed penalty or 
minimum penalty amount.
    (e) Failure to satisfy the requirements of Sec. 2801.3(b) of this 
title shall result in the denial of any right-of-way, temporary land 
use, road use application or other lands use request filed by not yet 
granted until there has been compliance with the provisions of 
Sec. 9239.7-1 of this title.
    (f) Any person adversely affected by a decision of the authorized 
officer issued under this section may appeal

[[Page 271]]

that decision under the provisions of part 4 of this title.
    (g) In addition to the civil penalties provided for in this part, 
any person who knowingly and willfully violates the provisions of 
Sec. 2801.3(a) of this title may be tried before a United States 
magistrate and fined no more than $1,000 or imprisoned for no more than 
12 months, or both, as provided by section 303(a) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a)) and Sec. 9262.1 of 
this title.
[54 FR 25854, June 20, 1989]



Sec. 2801.4  Right-of-way grants issued on or before October 21, 1976.

    A right-of-way grant issued on or before October 21, 1976, pursuant 
to then existing statutory authority is covered by the provisions of 
this part unless administration under this part diminishes or reduces 
any rights conferred by the grant or the statute under which it was 
issued, in which event the provisions of the grant or the then existing 
statute shall apply.
[51 FR 6543, Feb. 25, 1986]



                       Subpart 2802--Applications



Sec. 2802.1  Preapplication activity.

    (a) Anyone interested in obtaining a right-of-way grant or temporary 
use permit involving use of public lands is encouraged to establish 
early contact with the Bureau of Land Management office responsible for 
management of the affected public lands so that potential constraints 
may be identified, the proposal may be considered in land use plans, and 
processing of an application may be tentatively scheduled. The 
appropriate officer shall furnish the proponent with guidance and 
information about:
    (1) Possible land use conflicts as identified by review of land use 
plans, land ownership records and other available information sources;
    (2) Application procedures and probable time requirements;
    (3) Applicant qualifications;
    (4) Cost reimbursement requirements;
    (5) Associated clearances, permits and licenses which may be 
required in addition to, but not in place of the grants or permits 
required under these regulations;
    (6) Environmental and management considerations;
    (7) Any other special conditions that can be identified;
    (8) Identification of on-the-ground investigations which may be 
required in order to complete the application; and
    (9) Coordination with Federal, State and local government agencies.
    (b) Any information furnished by the proponent in connection with a 
preapplication activity or use which he/she requests not be disclosed, 
shall be protected to the extent consistent with the Freedom of 
Information Act (5 U.S.C. 552).
    (c) No right-of-way applications processing work, other than that 
incurred in the processing of applications for permits for temporary use 
of public lands in furtherance of the filing of an application and pre-
application guidance under paragraph (a) of this section, shall be 
undertaken by the authorized officer prior to the filing of an 
application together with advance payment as required by subpart 2808 of 
this title. Such processing work includes, but is not limited to, 
special studies such as environmental analyses, environmental 
statements, engineering surveys, resource inventories and detailed land 
use or record analyses.
    (d) The prospective applicant is authorized to go upon the public 
lands to perform casual acts related to data collection necessary for 
the filing of an acceptable application. If, however, the authorized 
officer determines that appreciable surface or vegetative disturbance 
will occur or is a real possibility he shall issue a temporary use 
permit with appropriate terms, conditions, and special stipulations 
pursuant to Sec. 2801.2 of this title.
    (e) When, during pre-application discussions with the prospective 
applicant, the authorized officer supplies the prospective applicant 
with information set out in paragraph (a) of this section, the 
authorized officer shall also inform appropriate Federal, State and 
local government agencies that preapplication discussions have begun in 
order to assure that effective coordination between the prospective 
applicant and all responsible government

[[Page 272]]

agencies is initiated as soon as possible.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 52 
FR 25808, July 8, 1987]



Sec. 2802.2  Application filing activity.



Sec. 2802.2-1  Application filing.

    Applications for a right-of-way grant or temporary use permit shall 
be filed with either the Area Manager, the District Manager or the State 
Director having jurisdiction over the affected public lands except:
    (a) Applications for Federal Aid Highways shall be filed pursuant to 
23 U.S.C. 107, 317, as set out in 43 CFR 2821;
    (b) Applications for cost-share roads shall be filed pursuant to 43 
CFR 2812;
    (c) Applications for oil and gas pipelines shall be filed pursuant 
to 43 CFR 2880; and
    (d) Applications for projects on lands under the jurisdiction of 2 
or more administrative units of the Bureau of Land Management may be 
filed at any of the Bureau of Land Management offices having 
jurisdiction over part of the project, and the applicant shall be 
notified where subsequent communications shall be directed.



Sec. 2802.2-2  Coordination of applications.

    Applicants filing with any other Federal department or agency for a 
license, certificate of public convenience and necessity or any other 
authorization for a project involving a right-of-way on public lands, 
shall simultaneously file an application under this part with the Bureau 
of Land Management for a right-of-way grant. To minimize duplication, 
pertinent information from the application to such department or agency 
may be appended or referenced in the application for the right-of-way 
grant.



Sec. 2802.3  Application content.

    (a) Applications for right-of-way grants or temporary use permits 
shall be filed on a form approved by the Director. The application form 
shall contain instructions for the completion of the form and shall 
require the following information:
    (1) The name and address of the applicant and the applicant's 
authorized agent, if appropriate;
    (2) A description of the applicant's proposal;
    (3) A map, USGS quadrangle, aerial photo or equivalent, showing the 
approximate location of the proposed right-of-way and facilities on 
public lands and existing improvements adjacent to the proposal, shall 
be attached to the application. Only the existing adjacent improvements 
which the proposal may directly affect need be shown on the map;
    (4) A statement of the applicant's technical and financial 
capability to construct, operate, maintain and terminate the proposal;
    (5) Certification by the applicant that he/she is of legal age, 
authorized to do business in the State and that the information 
submitted is correct to the best of the applicant's knowledge.
    (b) The applicant may submit additional information to assist the 
authorized officer in processing the application. Such information may 
include, but is not limited to, the following:
    (1) Federal or State approvals required for the proposal;
    (2) A description of the alternative route(s) and mode(s) considered 
by the applicant when developing the proposal;
    (3) Copies of or reference to similiar applications or grants the 
applicant has submitted or holds;
    (4) A statement of need and economic feasibility or the proposal;
    (5) A statement of the environmental, social and economic effects of 
the proposal.
[47 FR 12569, Mar. 23, 1982]



Sec. 2802.4  Application processing.

    (a) The authorized officer shall acknowledge, in writing, receipt of 
the application and initial cost reimbursement payment required by 
subpart 2808 of this title. An application may be denied if the 
authorized officer determines that:
    (1) The proposed right-of-way or permit would be inconsistent with 
the purpose for which the public lands are managed;

[[Page 273]]

    (2) That the proposed right-of-way or permit would not be in the 
public interest;
    (3) The applicant is not qualified;
    (4) The right-of-way or permit would otherwise be inconsistent with 
the act or other applicable laws; or
    (5) The applicant does not or cannot demonstrate that he/she has the 
technical or financial capacity.
    (b) Upon receipt of the acknowledgement, the applicant may continue 
his or her occupancy of the public land pursuant to Sec. 2802.1(d) of 
this title to continue to gather data necessary to perfect the 
application. However, if the applicant finds or the authorized officer 
determines that surface disturbing activities will occur in gathering 
the necessary data to perfect the application, the applicant shall file 
an application for a temporary use permit prior to entering into such 
activities on the public land.
    (c) The authorized officer may require the applicant for a right-of-
way grant to submit such additional information as he deems necessary 
for review of the application. All requests for additional information 
shall be in writing. Where the authorized officer determines that the 
information supplied by the applicant is incomplete or does not conform 
to the act or these regulations, the authorized officer shall notify the 
applicant of these deficiencies and afford the applicant an opportunity 
to file a correction. Where a deficiency notice has not been adequately 
complied with, the authorized officer may reject the application or 
notify the applicant of the continuing deficiency and afford the 
applicant an opportunity to file a correction.
    (d) Prior to issuing a right-of-way grant or temporary use permit, 
the authorized officer shall:
    (1) Complete an environmental analysis in accordance with the 
National Environmental Policy Act of 1969;
    (2) Determine compliance of the applicant's proposed plans with 
applicable Federal and State laws;
    (3) Consult with all other Federal, State, and local agencies having 
an interest, as appropriate; and
    (4) Take any other action necessary to fully evaluate and make a 
decision to approve or deny the application and prescribe suitable terms 
and conditions for the grant or permit.
    (e) The authorized officer may hold public meetings on an 
application for a right-of-way grant or temporary use permit if he 
determines that such meetings are appropriate and that sufficient public 
interest exists to warrant the time and expense of such meetings. Notice 
of public meetings shall be published in the Federal Register or in 
local newspapers or in both.
    (f) A right-of-way grant or temporary use permit need not conform to 
the applicant's proposal, but may contain such modifications, terms, 
stipulations or conditions, including changes in route or site location 
on public lands, as the authorized officer determines to be appropriate.
    (g) No right-of-way grant or temporary use permit shall be in effect 
until the applicant has accepted, in writing, the terms and conditions 
of the grant or permit. Written acceptance shall constitute an agreement 
between the applicant and the United States that, in consideration of 
the right to use public lands, the applicant shall comply with all terms 
and conditions contained in the authorization and the provisions of 
applicable laws and regulations.
    (h) The authorized officer may include in his/her decision to issue 
a grant a provision that shall be included in a right-of-way grant 
requiring that no construction on or use of the right-of-way shall occur 
until a detailed construction, operation, rehabilitation and 
environmental protection plan has been submitted to and approved by the 
authorized officer. This requirement may be imposed for all or any part 
of the right-of-way.
[45 FR 44526, July 1, 1980, as amended at 47 FR 12570, Mar. 23, 1982; 52 
FR 25808, July 8, 1987]



Sec. 2802.5  Special application procedures.

    (a) An applicant filing for a right-of-way within 4 years from the 
effective date of this subpart for an unauthorized right-of-way that 
existed on public land prior to October 21, 1976, is not:
    (1) Required to reimburse the United States for the processing, 
monitoring

[[Page 274]]

or other costs provided for in subpart 2808 of this title.
    (2) Required to pay rental fees for the period of unauthorized land 
use.
    (b) In order to facilitate management of the public lands, any 
person or State or local government which has constructed public 
highways under the authority of R. S. 2477 (43 U.S.C. 932, repealed 
October 21, 1976) may file a map showing the location of such public 
highways with the authorized officer. Maps filed under this paragraph 
shall be in sufficient detail to show the location of the R. S. 2477 
highway(s) on public lands in relation to State or county highway(s) or 
road(s) in the vicinity. The submission of such maps showing the 
location of R. S. 2477 highway(s) on public lands shall not be 
conclusive evidence as to their existence. Similiarly, a failure to show 
the location of R. S. 2477 highway(s) on any map shall not preclude a 
later finding as to their existence.
[45 FR 44526, July 1, 1980, as amended at 47 FR 12570, Mar. 23, 1982; 47 
FR 38806, Sept. 2, 1982; 52 FR 25808, July 8, 1987]



             Subpart 2803--Administration of Rights Granted



Sec. 2803.1  General requirements.



Sec. 2803.1-2  Rental.

    (a) The holder of a right-of-way grant or temporary use permit shall 
pay annually, in advance, except as provided in paragraph (b) of this 
section, the fair market rental value as determined by the authorized 
officer applying sound business management principles and, so far as 
practicable and feasible, using comparable commercial practices. Annual 
rent billing periods shall be set or adjusted to coincide with the 
calendar year (January 1 through December 31) by proration on the basis 
of 12 months; the initial month shall not be counted for right-of-way 
grants or temporary use permits having an anniversary date of the 15th 
or later in the month and the terminal month shall not be counted if the 
termination date is the 14th or earlier in the month. Rental shall be 
determined in accordance with the provisions of paragraph (c) of this 
section; Provided, however, That in those instances where the annual 
payment is $100 or less, the authorized officer may require an advance 
lump sum payment for 5 years.
    (b)(1) No rental shall be collected where:
    (i) The holder is a Federal, State, or local government, or agency 
or instrumentality thereof, except parties who are using the space for 
commercial purposes, and municipal utilities and cooperatives whose 
principal source of revenue is customer charges:
    (ii) The right-of-way was issued pursuant to a statute that did not 
or does not require the payment of rental; or
    (iii) The facilities constructed on a site or linear right-of-way 
are or were financed in whole or in part under the Rural Electrification 
Act of 1936, as amended, or are extensions from such Rural 
Electrification Act financed facilities.
    (2) The authorized officer may reduce or waive the rental payment 
under the following instances:
    (i) The holder is a nonprofit corporation or association which is 
not controlled by or is not a subsidiary of a profit making corporation 
or business enterprise;
    (ii) The holder provides without charge, or at reduced rates, a 
valuable benefit to the public or to the programs of the Secretary;
    (iii) The holder holds an outstanding permit, lease, license or 
contract for which the United States is already receiving compensation, 
except under an oil and gas lease where the lessee is required to secure 
a right-of-way grant or temporary use permit under part 2880 of this 
title; and:
    (A) Needs a right-of-way grant or temporary use permit within the 
exterior boundaries of the permit, lease, license or contract area; or
    (B) Needs a right-of-way across the public lands outside the permit, 
lease, license or contract area in order to reach said area;
    (iv) With the concurrence of the State Director, the authorized 
officer, after consultation with an applicant/holder, determines that 
the requirement to pay the full rental will cause undue hardship on the 
holder/applicant and that it is in the public interest to reduce or 
waive said rental. In order to complete such consultation, the State

[[Page 275]]

Director may require the applicant/holder to submit data, information 
and other written material in support of a proposed finding that the 
right-of-way grant or temporary use permit qualifies for a reduction or 
waiver of rental; and
    (v) A right-of-way involves a cost share road or reciprocal right-
of-way agreement not subject to part 2812 of this title. Any fair market 
value rental required to be paid under this paragraph (b)(2)(v) shall be 
determined by the proportion of use.
    (c)(1)(i) Except for those linear right-of-way grants or temporary 
use permits that the authorized officer determines under paragraph 
(c)(1)(v) of this section to require an individual appraisal, an 
applicant shall, prior to the issuance of a linear right-of-way grant or 
temporary use permit, submit an annual rental payment in advance for 
such right-of-way grant or temporary use permit in accordance with the 
following schedule:

                     Per Acre Rental Fee Zone Value                     
------------------------------------------------------------------------
                                                              Electric  
                                                            transmission
                                              Oil and gas      lines,   
                                               and other     telephone  
                                                 energy       electric  
                                                related    distribution,
                 Zone value                    pipelines,    non-energy 
                                                 roads,       related   
                                              ditches and    pipelines, 
                                                 canals      and other  
                                                           linear rights-
                                                               of-way   
------------------------------------------------------------------------
$50.........................................        $2.56         $2.24 
100.........................................         5.13          4.49 
200.........................................        10.26          8.97 
300.........................................        15.38         13.46 
400.........................................        20.51         17.95 
500.........................................        25.64         22.44 
600.........................................        30.77         26.92 
1,000.......................................        51.28        44.87  
------------------------------------------------------------------------
(The values are based on zone value  x  impact adjustment  x  interest  
  rate (6.41--1-year Treasury Securities ``Constant Maturity'' rate for 
  June 30, 1986. The rate will remain constant except as provided in    
  paragraphs (c)(1)(ii) and (iii) of this section.)                     


A per acre rental schedule by State, County, and type of linear right-
of-way use, which will be updated annually, is available from any Bureau 
State or District office or may be obtained by writing: Director (330), 
Bureau of Land Management, Room 3660, Main Interior Bldg., 1800 C Street 
NW., Washington, DC 20240.
    (ii) The schedule will be adjusted annually by multiplying the 
current year's rental per acre by the annual change, second quarter to 
the second quarter (June 30 to June 30), in the Gross National Product 
Implicit Price Deflator Index as published in the Survey of Current 
Business of the Department of Commerce, Bureau of Economic Analysis.
    (iii) At such times as the cumulative change in the index used in 
paragraph (c)(1)(ii) of this section exceeds 30 percent or the change in 
the 3-year average of the 1-year interest rate exceeds plus or minus 50 
percent, the zones and rental per acre figures shall be reviewed to 
determine whether market and business practices have differed 
sufficiently from the index to warrant a revision in the base zones and 
rental per acre figures. Measurements shall be taken at the end of the 
second quarter (June 30) of the year beginning with calendar year 1986. 
The initial bases (June 30, 1986) for these two indexes are: Gross 
National Product Price Implicit Price Deflator Index was 114.0 and the 
3-year average of the 1-year Treasury interest rate was 8.86%.
    (iv) Rental for the ensuing calendar year for any single right-of-
way grant or temporary use permit is the rental per acre from the 
current schedule multiplied by the number of acres embraced in the grant 
or permit, unless such rental is reduced or waived as provided in 
paragraph (b)(2) of this section.
    (v) The authorized officer will use the linear rental schedule 
unless the authorized officer determines:
    (A) A substantial segment or area within the right-of-way exceeds 
the zone(s) value by a factor of 10; and
    (B) In the judgment of the authorized officer, the expected 
valuation is sufficient to warrant a separate appraisal.

Once the rental for a right-of-way grant has been determined by use of 
the rental schedule, the provisions of this subparagraph shall not be 
used as a basis for removing it from the schedule.

    (2)(i) Existing linear right-of-way grants and temporary use permits 
may be made subject to the schedule provided by this paragraph upon 
reasonable notice to the holder.

[[Page 276]]

    (ii) Where the new annual rental for linear rights-of-way exceeds 
$100 and is more than a 100 percent increase over the current rental, 
the amount of increase in excess of the 100 percent increase shall be 
phased in by equal increments, plus the annual adjustment, over a 3 year 
period.
    (d) The annual rental payment for communication uses listed in 
paragraph (d)(1) of this section is based on rental payment schedules. 
The rental schedules apply to right-of-way holders and tenants 
authorized to operate and maintain communication facilities on public 
lands. They do not apply to holders who are public telecommunications 
service operators providing public television or radio broadcast 
services granted a waiver under Sec. 2803.1-2(b)(2)(i). Nor do they 
apply to communication site uses, facilities, or devices located 
exclusively within the exterior boundaries of an oil and gas lease and 
directly associated with the operations of the oil and gas lease 
(subpart 2880).
    (1) The schedules are applicable to communication uses that provide 
the following services:
    (i) Television broadcast includes right-of-way holders that operate 
FCC-licensed facilities used to broadcast UHF and VHF audio and video 
signals for general public reception, and communication equipment 
directly related to the operation, maintenance, and monitoring of the 
use. This category does not include holders licensed by the FCC to 
operate Low Power Television (LPTV) or rebroadcast devices such as 
translators, or transmitting devices such as microwave relays serving 
broadcast translators.
    (ii) AM and FM radio broadcast includes rights-of-way that contain 
FCC-licensed facilities primarily used to broadcast amplitude modulation 
(AM) or frequency modulation (FM) audio signals for general public 
reception, and communication equipment directly related to the 
operation, maintenance, and monitoring of the use. This category is not 
applicable to holders licensed by the FCC as a low-power FM radio. This 
category also does not include rebroadcast devices such as translators, 
boosters, or microwave relays serving broadcast translators.
    (iii) The broadcast translator and low power television category 
includes FCC-licensed translators and low power television, low power FM 
radio, and communication equipment directly related to the operation, 
maintenance, or monitoring of the use. Microwave facilities used in 
conjunction with LPTV and broadcast translators are included in this 
category.
    (iv) Cable television includes FCC-licensed facilities that transmit 
video programming to multiple subscribers in a community over a wired or 
wireless network, and communication equipment directly related to the 
operation, maintenance, or monitoring of the use. This category does not 
include rebroadcast devices that retransmit television signals of one or 
more television broadcast stations, personal or internal antenna systems 
such as private systems serving hotels or residences.
    (v) Commercial mobile radio service/facility manager includes FCC-
licensed commercial mobile radio facilities or their holders providing 
mobile communication service to individual customers, and communication 
equipment directly related to the operation, maintenance, or monitoring 
of the use. Such services generally include two-way voice and paging 
services such as community repeaters, trunked radio (specialized mobile 
radio), two-way radio dispatch, public switched network (telephone/data) 
interconnect service, microwave communications link equipment. Some 
holders in this category may not hold FCC licenses or operate 
communication equipment, but may lease building, tower, and related 
facility space to a variety of tenants as a part of their business 
enterprise, and may act as facility managers.
    (vi) Private Mobile Radio includes FCC-licensed private mobile radio 
systems primarily used by a single entity for mobile internal 
communications, and communication equipment directly related to the 
operation, maintenance, or monitoring of the use. This use is not sold 
and is exclusively limited to the user in support of business, community 
activities, or other organizational communication needs. Services 
generally include private local radio dispatch, private paging services, 
and

[[Page 277]]

ancillary microwave communications equipment for the control of the 
mobile facilities.
    (vii) Cellular telephone includes FCC-licensed systems and related 
technologies used for mobile communications using a combination of radio 
and telephone switching technology, and providing public switched 
network services to fixed and mobile users within a defined geographic 
area. The system consists of cell sites containing transmitting and 
receiving antennas, cellular base station radio, telephone equipment, 
and often microwave communications link equipment, and communication 
equipment directly related to the maintenance and monitoring of the use.
    (viii) Microwave includes FCC-licensed facilities used for long-line 
intrastate and interstate public telephone, television, information, and 
data transmissions, or used by pipeline and power companies, railroads, 
and land resource management companies in support of the holder's 
primary business. Also included is communication equipment directly 
related to the operation, maintenance, or monitoring of the use.
    (ix) Other communication uses include holders of FCC-licensed 
private communication uses such as amateur radio, personal/private 
receive-only antennas, passive reflectors, natural resource and 
environmental monitoring equipment, and other small, low-power devices 
used to monitor or control remote activities.
    (2)(i) The rental schedules will be adjusted annually based on the 
U.S. Department of Labor Consumer Price Index for All Urban Consumers 
(CPI-U, U.S. City Average, published in July of each year), and Ranally 
Metro Area population rankings. Annual adjustments based on the CPI-U 
will be limited to no more than 5 percent. The rental schedule will be 
reviewed for possible update no later than 10 years after December 13, 
1995, and at least every 10 years thereafter, to ensure that the 
schedule reflects fair market value.
    (ii) Rights-of-way may be reviewed on a case-by-case basis 10 years 
after issuance or beginning [10 years and 30 days after the date of 
publication], whichever is later, and no more often than every 5 years 
thereafter, on holder request, to determine whether rents are 
appropriate.
    (3) Rent is based on the actual users in the facility. For a 
facility with a single user, the base rent is the schedule rent for the 
use. Base rent for authorizations that include more than one user will 
be based on the use in the facility with the highest rent as shown on 
the schedule. An additional amount will be assessed based on 25 percent 
of the schedule rent for all other users. (A facility manager is not 
considered a separate use for purposes of calculating the additional 
amount for tenants in the facility.)
    (4) Increases in base rental payments over 1996 levels in excess of 
$1,000 will be phased in over a 5-year period. In 1997, the rental 
payment will be the 1996 rental, plus $1,000. The amount exceeding 
$1,000 will be divided into 4 equal installments, and beginning in 1998 
the installment, plus the annual adjustment in the total rent, will be 
added to the previous year's rent.
    (5) Annual rental payments will be calculated and provided to the 
holder by December 31 for each ensuing calendar year based on the 
schedules published from time to time as necessary in the Federal 
Register.
    (6) Also, the right-of-way holder must submit a certified statement 
by October 15 of each year listing tenants in the facility and the 
category of use for each tenant as of September 30 of that year, and pay 
25 percent of the schedule rent for the category of use. Tenants 
occupying space in the facility under terms of the holder's right-of-way 
authorization will not be required to have a separate BLM authorization.
    (7) Other methods may be used to set rental payments for 
communication uses when the authorized officer determines one of the 
following:
    (i) The holder is eligible for a waiver or reduction in rent in 
accordance with Sec. 2803.1-2(b)(2);
    (ii) Payment of the rent will cause undue hardship under 
Sec. 2803.1-2(b)(2)(iv);
    (iii) The original right-of-way authorization has been or will be 
issued pursuant to a competitive bidding process;

[[Page 278]]

    (iv) The State Director concurs in a determination made by the 
authorized officer that the expected rent exceeds the schedule rent by 5 
times, or the communication site serves a population of 1 million or 
more and the expected rent for the communication use is more than 
$10,000 above the schedule rent; or
    (v) The communication facilities are ancillary to and authorized 
under a right-of-way grant for a linear facility. In such cases, rent 
for the associated communication facilities is to be determined in 
accordance with the linear fee schedule.
    (e)(1) The rental for right-of-way grants and temporary use permits 
not covered by the right-of-way schedule in Sec. 2803.1-2(d)(5) will be 
determined by the authorized officer and paid annually in advance. 
Rental for communication site rights-of-way not covered by the schedule, 
except those issued pursuant to Section 28 of the Mineral Leasing Act 
(30 U.S.C. 185), will be based on comparative market surveys, 
appraisals, or other reasonable methods. All such rental determinations 
shall be documented, supported, and approved by the authorized officer. 
Where the authorized officer determines that a competitive interest 
exists for site type right-of-way grants such as for wind farms, 
communication sites, etc., rental may be determined through competitive 
bidding procedures set out inSec. 2803.1-3.
    (2) To expedite the processing of any grant or permit covered by 
paragraph (e)(1) of this section, the authorized officer may estimate 
rental and collect a deposit in advance with the agreement that upon 
completion of a rental value determination, the advance deposit will be 
adjusted according to the final fair market rental value determination.
    (f) Decisions on rental determinations are subject to appeal under 
subpart 2804 of this title.
    (g) Upon the holder's written request, rentals may be prepaid for 5 
years in advance.
    (h) If the rental required by this section is not paid when due, and 
such default for nonpayment continues for 30 days after notice, action 
may be taken to terminate the right-of-way grant or temporary use 
permit. After default has occurred, no structures, buildings or other 
equipment may be removed from the subservient lands except upon written 
permission from the authorized officer.
[52 FR 25818, July 8, 1987; 52 FR 36576, Sept. 30, 1987, as amended at 
60 FR 57070, Nov. 13, 1995]



Sec. 2803.1-3  Competitive bidding.

    (a) The authorized officer may identify and offer public lands for 
competitive right-of-way use either on his/her own motion or as a result 
of nomination by the public. Competitive bidding shall be used only for 
site-type right-of-way grants such as wind farms and communication 
sites. The authorized officer shall give public notice of such decision 
through publication of a notice of realty action as provided in 
paragraph (c)(1) of this section. The decision to offer public lands for 
competitive right-of-way use shall conform to the requirements of the 
Bureau's land use planning process. The authorized officer shall not 
offer public lands for competitive right-of-way use where equities such 
as prior or related use of said lands warrant issuance of a 
noncompetitive right-of-way grant(s).
    (b) A right-of-way grant issued pursuant to a competitive offer 
shall be awarded on the basis of the public benefit to be provided, the 
financial and technical capability of the bidder to undertake the 
project and the bid offer. Each bid shall be accompanied by the 
information required by the notice of realty action and a statement over 
the signature of the bidder or anyone authorized to sign for the bidder 
that he/she is in compliance with the requirements of the law and these 
regulations. A bid of less than the fair market rental value of the 
lands offered shall not be considered.
    (c) The offering of public lands for right-of-way use under 
competitive bidding procedures shall be conducted in accordance with the 
following:
    (1)(i) A notice of realty action indicating the availability of 
public lands for competitive right-of-way offering shall be published in 
the Federal Register and at least once a week for 3 consecutive weeks in 
a newspaper of general circulation in the area where

[[Page 279]]

the public lands are situated or in such other publication as the 
authorized officer may determine. The successful qualified bidder shall, 
prior to the issuance of the right-of-way grant, pay his/her 
proportionate share of the total cost of publication.
    (ii) The notice of realty action shall include the use proposed for 
the public lands and the time, date and place of the offering, including 
a description of the lands being offered, terms and conditions of the 
grant(s), rates, bidding requirements, payment required, where bid forms 
may be obtained, the form in which the bids shall be submitted and any 
other information or requirements determined appropriate by the 
authorized officer.
    (2) Bids may be made either by a principal or duly qualified agent.
    (3) All sealed bids shall be opened at the time and date specified 
in the notice of realty action, but no bids shall be accepted or 
rejected at that time. The right to reject any and all bids is reserved. 
Only those bids received by the close of business on the day prior to 
the bid opening or at such other time stated in the notice of realty 
action and made for at least the minimum acceptable bid shall be 
considered. Each bid shall be accompanied by U.S. currency or certified 
check, postal money order, bank draft or cashier's check payable in U.S. 
currency and made payable to the Department of the Interior--Bureau of 
Land Management for not less than one-fifth of the amount of the bid, 
and shall be enclosed in a sealed envelope which shall be marked as 
prescribed in the notice of realty action. If 2 or more envelopes 
containing valid bids of the same amount are received, the determination 
of which is to be considered the highest bid shall be by drawing unless 
another method is specified in the notice of realty action. The drawing 
shall be held by the authorized officer immediately following the 
opening of the sealed bids.
    (4) In the event the authorized officer rejects the highest 
qualified bid or releases the bidder from such bid, the authorized 
officer shall determine whether the public lands involved in the 
offering shall be offered to the next highest bidder, withdrawn from the 
market or reoffered.
    (5) If the highest qualified bid is accepted by the authorized 
officer, the grant form(s) shall be forwarded to the qualifying bidder 
for signing. The signed grant form(s) with the payment of the balance of 
the first year's rental and the publication costs shall be returned 
within 30 days of its receipt by the highest qualified bidder and shall 
qualify as acceptance of the right-of-way grant(s).
    (6) If the successful qualified bidder fails to execute the grant 
form(s) and pay the balance of the rental payment and the costs of 
publication within the allowed time, or otherwise fails to comply with 
the regulations of this subpart, the one-fifth remittance accompanying 
the bid shall be forfeited.
[52 FR 25820, July 8, 1987]



Sec. 2803.1-4  Bonding.

    The authorized officer may require the holder of a right-of-way 
grant or temporary use permit to furnish a bond or other security 
satisfactory to him, to secure the obligations imposed by the grant or 
permit and applicable laws and regulations.
[45 FR 44526, July 1, 1980. Redesignated at 52 FR 25820, July 8, 1987]



Sec. 2803.1-5  Liability.

    (a) Except as provided in paragraph (f) of this section, each holder 
shall be fully liable to the United States for any damage or injury 
incurred by the United States in connection with the use and occupancy 
of the right-of-way or permit area by the holder.
    (b) Except as provided in paragraph (f) of this section, holders 
shall be held to a standard of strict liability for any activity or 
facility within a right-of-way or permit area which the authorized 
officer determines, in his discretion, presents a foreseeable hazard or 
risk of damage or injury to the United States. The activities and 
facilities to which such standards shall apply shall be specified in the 
right-of-way grant or temporary use permit. Strict liability shall not 
be imposed for damage or injury resulting primarily from an act of war, 
an Act of God or the negligence of the United States. To the extent

[[Page 280]]

consistent with other laws, strict liability shall extend to costs 
incurred by the United States for control and abatement of conditions, 
such as fire or oil spills, which threaten lives, property or the 
environment, regardless of whether the threat occurs on areas that are 
under Federal jurisdiction. Stipulations in right-of-way grants and 
temporary use permits imposing strict liability shall specify a maximum 
limitation on damages which, in the judgment of the authorized officer, 
is commensurate with the foreseeable risks or hazards presented. The 
maximum limitation shall not exceed $1,000,000 for any one event, and 
any liability in excess of such amount shall be determined by the 
ordinary rules of negligence of the jurisdiction in which the damage or 
injury occurred.
    (c) In any case where strict liability is imposed and the damage or 
injury was caused by a third party, the rules of subrogation shall apply 
in accordance with the law of the jurisdiction in which the damage or 
injury occurred.
    (d) Except as provided in paragraph (f) of this section, holders 
shall be fully liable for injuries or damages to third parties resulting 
from activities or facilities on lands under Federal jurisdiction in 
which the damage or injury occurred.
    (e) Except as provided in paragraph (f) of this section, holders 
shall fully indemnify or hold harmless the United States for liability, 
damage or claims arising in connection with the holder's use and 
occupancy of rights-of-way or permit areas.
    (f) If a holder is a State or local government, or agency or 
instrumentality thereof, it shall be liable to the fullest extent its 
laws allow at the time it is granted a right-of-way grant or temporary 
use permit. To the extent such a holder does not have the power to 
assume liability, it shall be required to repair damages or make 
restitution to the fullest extent of its powers at the time of any 
damage or injury.
    (g) All owners of any interest in, and all affiliates or 
subsidiaries of any holder of a right-of-way grant or temporary use 
permit, except for corporate stockholders, shall be jointly and 
severally liable to the United States in the event that a claim cannot 
be satisfied by the holder.
    (h) Except as otherwise expressly provided in this section, the 
provision in this section for a remedy is not intended to limit or 
exclude any other remedy.
    (i) If the right-of-way grant or temporary use permit is issued to 
more than one holder, each shall be jointly and severally liable under 
this section.
[45 FR 44526, July 1, 1980. Redesignated at 52 FR 25820, July 8, 1987]



Sec. 2803.2  Holder activity.

    (a) If a notice to proceed requirement has been included in the 
grant or permit, the holder shall not initiate construction, occupancy 
or use until the authorized officer issues a notice to proceed.
    (b) Any substantial deviation in location or authorized use by the 
holder during construction, operation or maintenance shall be made only 
with prior approval of the authorized officer under Sec. 2803.6-1 of 
this title for the purposes of this paragraph, substantial deviation 
means:
    (1) With respect to location, the holder has constructed the 
authorized facility outside the prescribed boundaries of the right-of-
way authorized by the instant grant or permit.
    (2) With respect to use, the holder has changed or modified the 
authorized use by adding equipment, overhead or underground lines, 
pipelines, structures or other facilities not authorized in the instant 
grant or permit.
    (c) The holder shall notify the authorized officer of any change in 
status subsequent to the application or issuance of the right-of-way 
grant or temporary use permit. Such changes include, but are not limited 
to, legal mailing address, financial condition, business or corporate 
status. When requested by the authorized officer, the holder shall 
update and/or attest to the accuracy of any information previously 
submitted.
    (d) If required by the terms of the right-of-way grant or temporary 
use permit, the holder shall, subsequent to construction and prior to 
commencing operations, submit to the authorized officer a certification 
of construction, verifying that the facility has been

[[Page 281]]

constructed and tested in accordance with terms of the right-of-way 
grant or temporary use permit, and in compliance with any required plans 
and specifications, and applicable Federal and State laws and 
regulations.



Sec. 2803.3  Immediate temporary suspension of activities.

    (a) If the authorized officer determines that an immediate temporary 
suspension of activities within a right-of-way or permit area for 
violation of the terms and conditions of the right-of-way authorization 
is necessary to protect public health or safety or the environment, he/
she may promptly abate such activities prior to an administrative 
proceeding.
    (b) The authorized officer may give an immediate temporary 
suspension order orally or in writing at the site of the activity to the 
holder or a contractor or subcontractor of the holder, or to any 
representative, agent, employee or contractor of the holder, and the 
suspended activity shall cease at that time. As soon as practicable, the 
authorized officer shall confirm an oral order by a written notice to 
the holder addressed to the holder or the holder's designated agent.
    (c) An order of immediate temporary suspension of activities shall 
remain effective until the authorized officer issues an order permitting 
resumption of activities.
    (d) Any time after an order of immediate temporary suspension has 
been issued, the holder may file with the authorized officer a request 
for permission to resume. The request shall be in writing and shall 
contain a statement of the facts supporting the request.
    (e) The authorized officer may render an order to either grant or 
deny the request to resume within 5 working days of the date the request 
is filed. If the authorized officer does not render an order on the 
request within 5 working days, the request shall be considered denied, 
and the holder shall have the same right to appeal the denial as if a 
final order denying the request had been issued by the authorized 
officer.



Sec. 2803.4  Suspension and termination of right-of-way authorizations.

    (a) If the right-of-way grant or temporary use permit provides by 
its terms that it shall terminate on the occurrence of a fixed or 
agreed-upon condition, event, or time, the right-of-way authorization 
shall thereupon automatically terminate by operation of law, unless some 
other procedure is specified in the right-of-way grant or temporary use 
permit. The authorized officer may terminate a right-of-way grant or 
temporary use permit when the holder requests or consents to its 
termination in writing.
    (b) The authorized officer may suspend or terminate a right-of-way 
grant or temporary use permit if he determines that the holder has 
failed to comply with applicable laws or regulations, or any terms, 
conditions or stipulations of the right-of-way grant or temporary use 
permit or has abandoned the right-of-way.
    (c) Failure of the holder of a right-of-way grant to use the right-
of-way for the purpose for which the authorization was issued for any 
continuous five-year period shall constitute a presumption of 
abandonment. The holder may rebut the presumption by proving that his 
failure to use the right-of-way was due to circumstances not within the 
holder's control.
    (d) Before suspending or terminating a right-of-way grant pursuant 
to paragraph (b) of this section, the authorized officer shall give the 
holder written notice that such action is contemplated and the grounds 
therefor and shall allow the holder a reasonable opportunity to cure 
such noncompliance.
    (e) In the case of a right-of-way grant that is under its terms an 
easement, the authorized officer shall give written notice to the holder 
of the suspension or termination and shall refer the matter to the 
Office of Hearings and Appeals for a hearing before an Administrative 
Law Judge pursuant to 43 CFR part 4. If the Administrative Law Judge 
determines that grounds for suspension or termination exist and such

[[Page 282]]

action is justified, the authorized officer shall suspend or terminate 
the right-of-way grant.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982]



Sec. 2803.4-1  Disposition of improvements upon terminations.

    Within a reasonable time after termination, revocation or 
cancellation of a right-of-way grant, the holder shall, unless directed 
otherwise in writing by the authorized officer, remove such structures 
and improvements and shall restore the site to a condition satisfactory 
to the authorized officer. If the holder fails to remove all such 
structures or improvements within a reasonable period, as determined by 
the authorized officer, they shall become the property of the United 
States, but the holder shall remain liable for the cost of removal of 
the structures and improvements and for restoration of the site.



Sec. 2803.5  Change in Federal jurisdiction or disposal of lands.

    (a) Where a right-of-way grant or temporary use permit administered 
under these regulations traverses public lands that are transferred to 
another Federal agency, administration of the right-of-way shall, at the 
discretion of the authorized officer, be assigned to the acquiring 
agency unless such assignment would diminish the rights of the holder.
    (b) Where a right-of-way grant or temporary use permit traverses 
public lands that are transferred out of Federal ownership, the transfer 
of the land shall, at the discretion of the authorized officer, include 
an assignment of the right-of-way, be made subject to the right-of-way, 
or the United States may reserve unto itself the land encumbered by the 
right-of-way.



Sec. 2803.6  Amendments, assignments and renewals.



Sec. 2803.6-1  Amendments.

    (a) Any substantial deviation in location or use as set forth in 
Sec. 2803.2(b) of this title shall require the holder of a grant or 
permit to file an amended application. The requirements for the amended 
application and the filing are the same and shall be accomplished in the 
manner as set forth in subpart 2802 of this title.
    (b) Holders of right-of-way grants issued before October 21, 1976, 
who find it necessary to amend their grants shall comply with paragraph 
(a) of this section in filing their applications. Upon acceptance of the 
amended application by the authorized officer an amended right-of-way 
grant shall be issued. To the fullest extent possible, and when in the 
public interest as determined from current land use plans and other 
management decisions, the amended grant shall contain the same terms and 
conditions set forth in the original grant with respect to annual rent, 
duration and nature of interest.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982]



Sec. 2803.6-2  Amendments to existing railroad grants.

    (a) An amended application required under Sec. 2803.6-1(a) or (b), 
as appropriate, shall be filed with the authorized officer for any 
realignment of a railroad and appurtenant communication facilities which 
are required to be relocated due to the realignment. Upon acceptance of 
the amended application by the authorized officer, an amended right-of-
way grant shall be issued within 6 months of date of acceptance of the 
application. The date of acceptance of the application for the purpose 
of this paragraph shall be determined in accordance with Sec. 2802.4(a) 
of this title.
    (b) Notwithstanding the regulations of this part, the authorized 
officer may include in the amended grant the same terms and conditions 
of the original grant with respect to the payment of annual rental, 
duration, and nature of interest if he/she finds them to be in the 
public interest and the lands involved are not within an incorporated 
community and are of approximately equal value.



Sec. 2803.6-3  Assignments.

    Any proposed assignment in whole or in part of any right or interest 
in a right-of-way grant or temporary use permit acquired pursuant to the 
regulations of this part shall be filed in accordance with Secs. 2802.1-
1 and 2802.3 of

[[Page 283]]

this title. The application for assignment shall be accompanied by the 
same showing of qualifications of the assignee as if the assignee were 
filing an application for a right-of-way grant or temporary use permit 
under the regulations of this part. In addition, the assignment shall be 
supported by a stipulation that the assignee agrees to comply with and 
to be bound by the terms and conditions of the grant to be assigned. No 
assignment shall be recognized unless and until it is approved in 
writing by the authorized officer. The authorized officer may, at the 
time of approval of the assignment, modify or add bonding requirements.
[45 FR 44526, July 1, 1980, as amended at 52 FR 25820, July 8, 1987]



Sec. 2803.6-4  Reimbursement of costs for assignments.

    (a) All filings for assignments, except as provided in paragraph (b) 
of this section, made pursuant to this section shall be accompanied by a 
non-refundable payment of $50 from the assignor. Exceptions for a 
nonrefundable payment for an assignment are the same as in Sec. 2803.1 
of this title.
    (b) Where a holder assigns more than 1 right-of-way grant as a 
single action, the authorized officer may, due to economies of scale, 
set a nonrefundable fee of less than $50 per assignment.
[52 FR 25820, July 8, 1987]



Sec. 2803.6-5  Renewals of right-of-way grants and temporary use permits.

    (a) When a grant provides that it may be renewed, the authorized 
officer shall renew the grant so long as the project or facility is 
still being used for purposes authorized in the original grant and is 
being operated and maintained in accordance with all the provisions of 
the grant and pursuant to the regulations of this title.
    (b) When a grant does not contain a provision for renewal, the 
authorized officer, upon request from the holder and prior to the 
expiration of the grant, may renew the grant at his discretion. A 
renewal pursuant to this section shall comply with the same provisions 
contained in paragraph (a) of this section.
    (c) Temporary use permits issued pursuant to the regulations of this 
part may be renewed at the discretion of the authorized officer. The 
holder of a permit desiring a renewal shall notify the authorized 
officer in writing of the need for renewal prior to its expiration date. 
Upon receipt of the notice, the authorized officer shall either renew 
the permit or reject the request.
    (d) Renewals of grants and permits pursuant to paragraphs (a), (b) 
and (c) of this section are not subject to subpart 2808 of this title.
    (e) Denial of any request for renewal by the authorized officer 
under paragraphs (b) and (c) of this section shall be final with no 
right of review or appeal.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982; 52 
FR 25808, July 8, 1987]



                          Subpart 2804--Appeals



Sec. 2804.1  Appeals procedure.

    (a) All appeals under this part shall be taken under 43 CFR part 4 
from any final decision of the authorized officer to the Office of the 
Secretary, Board of Land Appeals.
    (b) All decisions of the authorized officer under this part shall 
remain effective pending appeal unless the Secretary rules otherwise. 
Petitions for the stay of a decision shall be filed with the Office of 
Hearings and Appeals, Department of the Interior.
[45 FR 44526, July 1, 1980, as amended at 53 FR 17702, May 18, 1988]



           Subpart 2806--Designation of Right-of-Way Corridors



Sec. 2806.1  Corridor designation.

    (a) The authorized officer may, based upon his/her motion or receipt 
of an application, designate right-of-way corridors across any public 
lands in order to minimize adverse environmental impacts and the 
proliferation of separate rights-of-way. The designation of corridors 
shall not preclude the granting of separate rights-of-way over, upon, 
under or through the public lands where the authorized officer 
determines that confinement to a corridor is not appropriate.

[[Page 284]]

    (b) Any existing transportation and utility corridor that is capable 
of accommodating an additional compatible right-of-way may be designated 
as a right-of-way corridor by the authorized officer without further 
review as required in Sec. 2806.2 of this title. Subsequent right-of-way 
grants shall, to the extent practical and as determined by the 
authorized officer, be confined to designated corridors, however, the 
designation of a right-of-way corridor is not a commitment by the 
authorized officer to issue right-of-way grants within the corridor. All 
applications for right-of-way grants, including those within designated 
corridors, are subject to the procedure for approval set forth in 
subpart 2802 of this title.
[45 FR 44526, July 1, 1980, as amended at 47 FR 3806, Sept. 2, 1982]



Sec. 2806.2  Designation criteria.

    The locations and boundary of designated right-of-way corridors 
shall be determined by the authorized officer after a thorough review 
of:
    (a) Federal, State and local land-use plans and applicable Federal 
and State laws.
    (b) Environmental impacts on natural resources including soil, air, 
water, fish, wildlife, vegetation and on cultural resources.
    (c) Physical effects and constraints on corridor placement or 
rights-of-way placed therein due to geology, hydrology, meteorology, 
soil or land forms.
    (d) Economic efficiency of placing a right-of-way within a corridor, 
taking into consideration costs of construction, operation and 
maintenance, and costs of modifying or relocating existing facilities in 
a proposed corridor.
    (e) National security risks.
    (f) Potential health and safety hazards to the public lands users 
and the general public due to materials or activities within the right-
of-way corridor.
    (g) Engineering and technological compatibility of proposed and 
existing facilities.
    (h) Social and economic impacts of the facilities on public lands 
users, adjacent landowners and other groups or individuals.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982]



Sec. 2806.2-1  Procedures for designation.

    (a) The designation of a right-of-way corridor shall be by decision 
of the authorized officer. A land use plan or plan amendment which 
contains the designation of a right-of-way corridor(s) meets the 
notification requirements of this section; and
    (b) The authorized officer shall take appropriate measures to inform 
the public of designated corridors, so that existing and potential 
right-of-way applicants, governmental agencies and the general public 
will be aware of such corridor locations and any restrictions applicable 
thereto. Public notice of such designations may be given through 
publication in local newspapers or through distribution of planning 
documents, environmental impact statements or other appropriate 
documents.
[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982]



              Subpart 2807--Reservation to Federal Agencies



Sec. 2807.1  Application filing.

    A Federal agency desiring a right-of-way or temporary use permit 
over, upon, under or through the public lands pursuant to this part, 
shall apply to the authorized officer and comply with the provisions of 
subpart 2802 of this title to the extent that the requirements of 
subpart 2802 of this title are appropriate for Federal agencies.



Sec. 2807.1-1  Document preparation.

    (a) The right-of-way reservation need not conform to the agency's 
proposal, but may contain such modifications, terms, conditions or 
stipulations, including changes in route or site location, as the 
authorized officer determines appropriate.
    (b) All provisions of the regulations contained in this part shall, 
to the extent possible, apply and be incorporated into the reservation 
to the Federal agency.

[[Page 285]]



Sec. 2807.1-2  Reservation termination and suspension.

    The authorized officer may suspend or terminate the reservation only 
in accordance with the terms and conditions of the reservation, or with 
the consent of the head of the department or agency holding the 
reservation.



                  Subpart 2808--Reimbursement of Costs

    Source:  52 FR 25808, July 8, 1987, unless otherwise noted.



Sec. 2808.1  General.

    (a) An applicant for a right-of-way grant or temporary use permit 
under this part shall reimburse the United States in advance for the 
expected reasonable administrative and other costs incurred by the 
United States in processing the application, including the preparation 
of any reports or statements pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), prior to the United States 
having incurred such costs.
    (b) The regulations in this subpart do not apply to the following:
    (1) Federal agencies;
    (2) State and local governments or agencies or instrumentalities 
thereof when a right-of-way grant or temporary use permit is granted for 
governmental purposes benefiting the general public. However, if the 
principal source of revenue results from charges being levied on 
customers for services similar to those rendered by a profitmaking 
corporation or business, they shall not be exempt; or
    (3) Cost share roads or reciprocal right-of-way agreements.
[52 FR 25808, July 8, 1987; 52 FR 34456, Sept. 11, 1987]



Sec. 2808.2  Cost recovery categories.



Sec. 2808.2-1  Application categories.

    (a) The following categories shall be used to establish the 
appropriate nonrefundable fee for each application pursuant to the fee 
schedule in Sec. 2808.3-1 of this title:
    (1) Category I. An application for a right-of-way grant or temporary 
use permit to authorize a use of public lands for which the data 
necessary to comply with the National Environmental Policy Act and other 
statutes are available in the office of the authorized officer or from 
data furnished by the applicant; and no field examination is required.
    (2) Category II. An application for a right-of-way grant or 
temporary use permit to authorize a use of public lands for which the 
data necessary to comply with the National Environmental Policy Act and 
other statutes are available in the office of the authorized officer or 
from data furnished by the applicant; and 1 field examination to verify 
existing data is required.
    (3) Category III. An application for a right-of-way grant or 
temporary use permit to authorize a use of public lands for which the 
data necessary to comply with the National Environmental Policy Act and 
other statutes are available in the office of the authorized officer or 
from data furnished by the applicant; and 2 field examinations to verify 
existing data are required.
    (4) Category IV. An application for a right-of-way grant or 
temporary use permit to authorize a use of public lands for which some 
original data are required to be gathered to comply with the National 
Environmental Policy Act and other statutes; and 2 or 3 field 
examinations are required.
    (5) Category V. An application for a right-of-way grant or temporary 
use permit to authorize a use of public lands for which the gathering of 
original data are required to comply with the National Environmental 
Policy Act and other statutes; and 3 or more field examinations are 
required.



Sec. 2808.2-2  Category determination.

    (a) The authorized officer shall determine the appropriate category 
and collect the required application processing fee pursuant to 
Secs. 2808.3-1 and 2808.5 of this title before processing an 
application. A record of the authorized officer's category determination 
shall be made and given to the applicant. This determination is a final 
decision for purposes of appeal under Sec. 2804.1 of this title. Where 
an appeal is filed, actions pending decision on appeal shall be in 
accordance with Sec. 2808.6 of this title.

[[Page 286]]

    (b) During the processing of an application, the authorized officer 
may change a category determination to place an application in Category 
V at any time it is determined that the application requires the 
preparation of an environmental impact statement. A record of change in 
category determination under this paragraph shall be made and furnished 
to the applicant. The revised determination is appealable in the same 
manner as an original category determination under paragraph (a) of this 
section. No other changes of category determination shall be permitted.



Sec. 2808.3  Fees and payments.



Sec. 2808.3-1  Application fees.

    (a) The fee by category for processing an application for a right-
of-way or temporary use permit is:

                                                                        
------------------------------------------------------------------------
                            Category                               Fee  
------------------------------------------------------------------------
I..............................................................     $125
II.............................................................      300
III............................................................      550
IV.............................................................      925
V..............................................................      \1\
------------------------------------------------------------------------
\1\ As required.                                                        

    (b) Where the amount submitted by the applicant under paragraph (a) 
of this section exceeds the amount of the required fee determined by the 
authorized officer, the excess shall be refunded. If requested in 
writing by the applicant, the authorized officer may apply all or part 
of any such refund to the grant monitoring fee required under 
Sec. 2808.4 of this title or to the rental payment required by 
Sec. 2803.1-2 of this title.
    (c) Upon a determination that an application falls under Category V:
    (1) The authorized officer shall:
    (i) Complete a preliminary scoping of the issues involved;
    (ii) Prepare a preliminary work plan;
    (iii) Develop a preliminary financial plan, estimating the actual 
costs to be incurred by the United States in the processing of the 
application; and
    (iv) Discuss funding availability, options for cost reimbursement 
(i.e., a determination of actual costs under section 304(b) of the Act, 
paying all actual costs, or selecting the 1 percent ceiling), and 
information to be submitted by the applicant, including construction 
costs and other financial information.
    (2) An applicant/holder may submit a written analysis of the 
estimated actual cost showing specific monetary value considerations, 
public benefits, public services, or other data or information which 
would support a finding that an application for a right-of-way grant or 
temporary use permit qualified for a reduction or waiver of cost 
reimbursement under section 303(b) of the Act or Sec. 2808.5 of this 
title. If the applicant elects a cost analysis under this paragraph, the 
provisions of paragraph (f) of this section shall not apply.
    (d) The authorized officer shall discuss the preliminary plans and 
data and verify the information that may be submitted under paragraph 
(c) of this section by the applicant. The applicant is encouraged to do 
all or part of any special study or analysis required in connection with 
the processing of the application to standards established by the 
authorized officer.
    (e) After coordination with the applicant as required by paragraph 
(d) of this section, the authorized officer shall develop final scoping, 
work and financial plans which reflect any work the applicant agrees to 
do and complete a final estimate of the amount of the actual costs to be 
reimbursed by the applicant, giving consideration to the factors set 
forth in section 304(b) of the Act.
    (f) An applicant may elect to waive consideration of reasonable 
costs under paragraph (e) of this section and either: (1) Agree to pay 
all actual costs incurred by the United States in processing the 
application and monitoring the grant or temporary use permit; or (2) pay 
the actual costs of processing the application and monitoring the right-
of-way grant up to the amount estimated by the authorized officer to 
equal 1 percent of the applicant's planned costs of construction of the 
project on the public lands for which a right-of-way grant is sought. 
Under this alternative, the applicant shall not be responsible for 
actual costs exceeding 1 percent of the estimated cost of constructing 
the proposed facilities on public lands. The request for a waiver shall 
be in writing and filed with the authorized officer.

[[Page 287]]

    (g) The applicant shall reimburse the United States for the 
applicant's share of costs, as determined under paragraphs (e) and (f) 
of this section, before the grant or permit shall issue.
    (h) Where a State Director grants a reduction or waiver of cost 
reimbursement under the provisions of paragraph (e) of this section and/
or Sec. 2808.5 of this title or where the reimbursable costs of 
processing an application are determined to exceed 1 percent of the cost 
of construction of the facilities under paragraph (f) of this section, 
the necessary funding shall be available either through the Bureau's 
appropriation process or otherwise made available for the processing of 
the application or such processing shall not proceed.
    (i) The authorized officer shall provide the applicant with a 
written determination of the reasonable costs to be reimbursed by the 
applicant or holder and those that will be funded by the United States 
under paragraphs (e) and (f) of this section and Sec. 2808.5 of this 
title. This determination is a final decision for purposes of appeal 
under Sec. 2804.1 of this title. Where an appeal is filed, actions 
pending decision on appeal shall be in accordance with Sec. 2808.6 of 
this title.



Sec. 2808.3-2  Periodic advance payments.

    (a) The authorized officer may periodically estimate the reasonable 
costs expected to be incurred by the United States for specific work 
periods in processing an application determined to be in Category V or 
monitoring the right-of-way grant or temporary use permit under the 
provisions of Sec. 2808.3-1 (e) through (f) of this title and shall 
notify the applicant of the estimated amount to be reimbursed for the 
period and the applicant shall make payment of such estimated 
reimbursable costs prior to the incurring of such costs by the United 
States.
    (b) If the payments required by paragraph (a) of this section exceed 
the actual costs incurred by the United States, the authorized officer 
shall adjust the next billing to reflect the overpayment, or make a 
refund from applicable funds under the authority of 43 U.S.C. 1734. An 
applicant shall not set off or otherwise deduct any debt due it or any 
sum claimed to be owed it by the United States without the prior written 
approval of the authorized officer.
    (c) The authorized officer may re-estimate the actual costs 
determined under Sec. 2808.3-1 (e) through (g) of this title at any time 
it is determined that a change warranting a re-estimate occurs. An 
appeal of a re-estimate shall be treated in the same manner as an 
original estimate made under Sec. 2808.3-1(e) of this title.
    (d) Before issuance of a right-of-way grant or temporary use permit, 
an applicant shall pay such additional amounts as are necessary to 
reimburse the United States in full for any costs incurred, but not yet 
paid under Sec. 2808.3-1(h) of this title.



Sec. 2808.3-3  Costs incurred for a withdrawn or denied application.

    (a) An applicant whose application is denied is liable for any costs 
incurred by the United States in processing the application. Those 
amounts that have not been paid are due within 30 days of the receipt of 
a bill from the authorized officer identifying the amount due.
    (b) An applicant who withdraws an application before a grant or 
temporary use permit is issued is liable for all costs incurred by the 
United States in processing the application up to the date the 
authorized officer receives the written notice of withdrawal, and for 
costs subsequently incurred in terminating the processing of said 
application. Those amounts that have not been paid are due within 30 
days of receipt of a bill from the authorized officer identifying the 
amount due.



Sec. 2808.3-4  Joint liability for payments.

    (a) When 2 or more applications for a right-of-way grant are filed 
which the authorized officer determines to be in competition with each 
other, each applicant shall reimburse the United States as required by 
Sec. 2808.3 of this title, subject however, to the provisions of 
Sec. 2808.1(b) of this title. Each applicant shall be responsible for 
the reimbursement of the reasonable costs identified with his/her 
application. Costs that are not readily identifiable with either of the 
applications, such as costs for portions of an environmental

[[Page 288]]

impact statement that relate to all of the applications, generally, 
shall be paid by each applicant in equal shares or such other proportion 
as may be agreed to in writing by the applicants and the authorized 
officer prior to the United States incurring such costs.
    (b) When, through partnership, joint venture or other business 
arrangements, more than 1 person, partnership, corporation, association 
or other entity apply together for a right-of-way grant or temporary use 
permit, each such applicant shall be jointly and severally liable for 
costs under Sec. 2808.3 of this title for the entire system, subject 
however, to the provision of Sec. 2808.1(b) of this title.



Sec. 2808.4  Reimbursement of costs for monitoring.

    (a) A holder of a right-of-way grant or temporary use permit for 
which a fee was assessed under Sec. 2808.3 of this title shall, prior to 
the United States incurring such costs, reimburse the United States for 
costs to be incurred by the United States in monitoring the 
construction, operation, maintenance and termination of authorized 
facilities on the right-of-way grant or temporary use permit area, and 
for protection and rehabilitation of the lands involved, under the 
following schedule:
    (1) The same category as determined under Sec. 2808.2-2 of this 
title for processing of an application for a right-of-way grant or 
temporary use permit shall be used for monitoring. The one-time fee for 
monitoring a right-of-way grant or temporary use permit determined to be 
in Categories I through IV is as follows:

                                                                        
------------------------------------------------------------------------
                            Category                               Fee  
------------------------------------------------------------------------
I..............................................................      $50
II.............................................................       75
III............................................................      100
IV.............................................................      200
------------------------------------------------------------------------

    (2) The monitoring fee for a right-of-way grant or temporary use 
permit determined to be in Category V shall be included with the costs 
determined under Secs. 2808.3-1 through 2808.3-4 of this title.
    (b) The holder shall submit the payment for the cost of monitoring 
required by paragraph (a)(1) of this section or the first periodic 
advance payment required under Sec. 2808.3-2 of this title, as 
appropriate, along with the written acceptance of the terms and 
conditions of the grant or permit. No right-of-way grant or temporary 
use permit shall be issued until the required payment is made.
[52 FR 25808, July 8, 1987; 52 FR 36576, Sept. 30, 1987]



Sec. 2808.5  Other cost considerations.

    (a) The State Director, after consultation with an applicant or 
holder making a request for a reduction or waiver of reimbursable costs 
under Sec. 2808.3-1 of this title, may reduce or waive reimbursement 
required under Secs. 2808.3-1 through 2808.3-4 of this title. In 
reaching a decision, the State Director may require the applicant/holder 
to submit in writing any information or data in addition to that 
required by Sec. 2808.3-1(c) of this title that he/she determines to be 
needed to support a proposed finding that an application, grant or 
temporary use permit qualifies for a reduction or waiver of cost 
reimbursement. Action on a Category V application shall be suspended 
pending the State Director's decision.
    (b) The State Director may base the decision to reduce or waive 
reimbursable costs on any of the following factors:
    (1) The applicant's/holder's financial condition is such that 
payment of the fee would result in undue financial hardship;
    (2) The application processing or grant monitoring costs are 
determined to be grossly excessive in relation to the costs of 
constructing the facilities or project requiring the right-of-way grant 
or temporary use permit on the public lands;
    (3) A major portion of the application processing or grant 
monitoring costs are the result of issues not related to the actual 
right-of-way grant or temporary use permit;
    (4) The applicant/holder is a nonprofit organization, corporation or 
association which is not controlled by or a subsidiary of a profitmaking 
enterprise;
    (5) The studies undertaken in connection with the processing of the 
application have a public benefit;

[[Page 289]]

    (6) The facility or project requiring the right-of-way grant will 
provide a special service to the public or to a program of the 
Secretary;
    (7) A right-of-way grant is needed to construct a facility to 
prevent or mitigate damages to any lands or improvements or mitigate 
hazards or danger to public health and safety resulting from an Act of 
God, an act of war or negligence of the United States;
    (8) The holder of a valid existing right-of-way grant is required to 
secure a new right-of-way grant in order to relocate facilities which 
are required to be moved because the lands are needed for a Federal or 
federally funded project, if such relocation is not funded by the United 
States;
    (9) Relocation of a facility on a valid existing right-of-way grant 
requires a new or amended right-of-way grant in order to comply with the 
law, regulations or standards of public health and safety and 
environmental protection which were not in effect at the time the 
original right-of-way grant or temporary use permit was issued; or
    (10) It is demonstrated that because of compelling public benefits 
or public services provided, or for other causes, collection of 
reimbursable costs by the United States for processing an application, 
for a grant or permit would be inconsistent with prudent and appropriate 
management of the public lands and the equitable interest of the 
applicant/holder or of the United States.
    (c) The State Director may consider a reduction or waiver of fees 
under this section in determining reimbursable costs made under 
Sec. 2808.3 of this title. Said determination is a final decision for 
purposes of appeal under Sec. 2804.1 of this title. Where an appeal is 
filed, actions pending decision on appeal shall be in accordance with 
Sec. 2808.6 of this title.
    (d) Notwithstanding a finding by the State Director that there is a 
basis for reduction of the costs required to be reimbursed under this 
subpart, the State Director may not reduce such costs if funds to 
process the application(s) or to monitor the grant(s) or permit(s) are 
not otherwise available or may delay such decision pending the 
availability of funds.
[52 FR 25808, July 8, 1987; 52 FR 34456, Sept. 11, 1987]



Sec. 2808.6  Action pending decision on appeal.

    (a) Where an appeal is filed on an application determined under 
Sec. 2808.2-2(a) of this title to be in Categories I through IV, an 
application shall not be accepted for processing without payment of the 
fee for such application according to the category determined by the 
authorized officer; however, when payment is made, the application may 
be processed and, if proper, the grant or temporary use permit issued. 
The authorized officer shall make any refund or other adjustment 
directed as a result of an appeal.
    (b) Where an appeal is filed for an application determined under 
Sec. 2808.2-2(a) of this title to be in Category V or for a related cost 
reimbursement determination under Sec. 2808.3-1 (e) through (g) or 
Sec. 2808.5(c) of this title, processing of the application shall be 
suspended pending the outcome of the appeal.
[52 FR 25808, July 8, 1987; 52 FR 36576, Sept. 30, 1987]



PART 2810--TRAMROADS AND LOGGING ROADS--Table of Contents




        Subpart 2812--Over O. and C. and Coos Bay Revested Lands

Sec.
2812.0-3  Authority.
2812.0-5  Definitions.
2812.0-6  Statement of policy.
2812.0-7  Cross reference.
2812.0-9  Information collection.
2812.1  Application procedures.
2812.1-1  Filing.
2812.1-2  Contents.
2812.1-3  Unauthorized use, occupancy, or development.
2812.2  Nature of permit.
2812.2-1  Nonexclusive license.
2812.2-2  Right of permittee to authorize use by third parties.
2812.2-3  Construction in advance of permit.
2812.3  Right-of-way and road use agreement.
2812.3-1  Rights over lands controlled by applicant.
2812.3-2  Other roads and rights-of-way controlled by applicant.
2812.3-3  Form of grant to the United States, recordation.

[[Page 290]]

2812.3-4  Where no road use agreement is required.
2812.3-5  Use by the United States and its licensees of rights received 
          from a permittee.
2812.3-6  Duration and location of rights granted or received by the 
          United States.
2812.3-7  Permittee's agreement with United States respecting 
          compensation and adjustment of road use.
2812.4  Arbitration and agreements.
2812.4-1  Agreements and arbitration between permittee and licensee 
          respecting compensation payable by licensee to permittee for 
          use of road.
2812.4-2  Compensation payable by United States to permittee for use of 
          road.
2812.4-3  Agreements and arbitration between permittee and licensee 
          respecting adjustment of road use.
2812.4-4  Arbitration procedure.
2812.5  Payment to the United States, bond.
2812.5-1  Payment required for O. and C. timber.
2812.5-2  Payment to the United States for road use.
2812.5-3  Bond in connection with existing roads.
2812.6  Approval and terms of permit.
2812.6-1  Approval.
2812.6-2  Terms and conditions of permit.
2812.7  Assignment of permit.
2812.8  Cause for termination of permittee's rights.
2812.8-1  Notice of termination.
2812.8-2  Remedies for violations by licensee.
2812.8-3  Disposition of property on termination of permit.
2812.9  Appeals.

    Authority:  43 U.S.C. 1181a, 1181b, 1732, 1733, and 1740.



        Subpart 2812--Over O. and C. and Coos Bay Revested Lands

    Source:  35 FR 9638, June 13, 1970, unless otherwise noted.



Sec. 2812.0-3  Authority.

    Sections 303 and 310 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1732, 1733, and 1740), and the Act of August 28, 1937 
(43 U.S.C. 1181a and 1181b), provide for the conservation and management 
of the Oregon and California Railroad lands and the Coos Bay Wagon Road 
lands and authorize the Secretary of the Interior to issue regulations 
providing for the use, occupancy, and development of the public lands 
through permits and rights-of-way.
[54 FR 25855, June 20, 1989]



Sec. 2812.0-5  Definitions.

    Except as the context may otherwise indicate, as the terms are used 
in this paragraph:
    (a) Bureau means Bureau of Land Management.
    (b) Timber of the United States or federal timber means timber owned 
by the United States or managed by any agency thereof, including timber 
on allotted and tribal Indian lands in the O. and C. area.
    (c) State Director means the State Director, Bureau of Land 
Management, or his authorized representative.
    (d) Authorized Officer means an employee of the Bureau of Land 
Management to whom has been delegated the authority to take action.
    (e) O. and C. lands means the Revested Oregon and California 
Railroad and Reconveyed Coos Bay Wagon Road Grant Lands, other lands 
administered by the Bureau under the provisions of the act approved 
August 28, 1937, and the public lands administered by the Bureau of Land 
Management which are in Oregon and in and west of Range 8 E., Willamette 
Meridian, Oregon.
    (f) Tramroads include tramways, and wagon or motor-truck roads to be 
used in connection with logging, and the manufacturing of lumber; it 
also includes railroads to be used principally for the transportation, 
in connection with such activities, of the property of the owner of such 
railroad.
    (g) Management means police protection, fire presuppression and 
suppression, inspection, cruising, reforesting, thinning, stand 
improvement, inventorying, surveying, construction and maintenance of 
improvements, disposal of land, the eradication of forest insects, pests 
and disease, and other activities of a similar nature.
    (h) Licensee of the United States is, with respect to any road or 
right-of-way, any person who is authorized to remove timber or forest 
products from lands of the United States, or to remove timber or forest 
products from other lands committed by a cooperative agreement to 
coordinated administration with the timber of the United

[[Page 291]]

States over such road or right-of-way while it is covered by an 
outstanding permit, or while a former permittee is entitled to receive 
compensation for such use under the provisions of these regulations. A 
licensee is not an agent of the United States.
    (i) Direct control of a road, right-of-way, or land, by an applicant 
for a permit hereunder means that such applicant has authority to permit 
the United States and its licensees to use such road, right-of-way of 
land in accordance with this paragraph.
    (j) Indirect control of a road, right-of-way, or land, by an 
applicant hereunder means that such road, right-of-way, or land, is not 
directly controlled by him but is subject to use by him or by:
    (1) A principal, disclosed or undisclosed, of the applicant; or
    (2) A beneficiary of any trust or estate administered or established 
by the applicant; or
    (3) Any person having or exercising the right to designate the 
immediate destination of the timber to be transported over the right-of-
way for which application is made; or
    (4) Any person who at any time has owned, or controlled the 
disposition of the timber to be transported over the right-of-way 
applied for, and during the 24 months preceding the filing of the 
application has disposed of such ownership or control to the applicant 
or his predecessor, under an agreement reserving or conferring upon the 
grantor the right to share directly or indirectly in the proceeds 
realized upon the grantee's disposal to third persons of the timber or 
products derived therefrom or the right to reacquire ownership or 
control of all or any part of the timber prior to the time when it 
undergoes its first mechanical alteration from the form of logs; or
    (5) Any person who stands in such relation to the applicant that 
there is liable to be absence of arm's length bargaining in transactions 
between them relating to such road, rights-of-way, or lands.



Sec. 2812.0-6  Statement of policy.

    (a) The intermingled character of the O. and C. lands presents 
peculiar problems of management which require for their solution the 
cooperation between the Federal Government and the owners of the 
intermingled lands, particularly with respect to timber roads.
    (b) It is well established that the value of standing timber is 
determined in significant part by the cost of transporting the logs to 
the mill. Where there is an existing road which is adequate or can 
readily be made adequate for the removal of timber in the area, the 
failure to make such road available for access to all the mature and 
overmature timber it could tap leads to economic waste. Blocks of timber 
which are insufficient in volume or value to support the construction of 
a duplicating road may be left in the woods for lack of access over the 
existing road. Moreover, the duplication of an existing road reduces the 
value of the federal and other timber which is tapped by the existing 
road.
    (c) It is also clear that the Department of the Interior, which is 
responsible for the conservation of the resources of the O. and C. lands 
and is charged specifically with operating the timber lands on a 
sustained-yield basis, must have access to these lands for the purpose 
of managing them and their resources. In addition, where the public 
interest requires the disposition of Federal timber by competitive 
bidding, prospective bidders must have an opportunity to reach the 
timber to be sold. Likewise, where other timber is committed by 
cooperative agreement to coordinated administration with timber of the 
United States, there must be access to both.
    (d) Accordingly, to the extent that in the judgment of the 
authorized officer it appears necessary to accomplish these purposes, 
when the United States, acting through the Bureau of Land Management, 
grants a right-of-way across O. and C. lands to a private operator, the 
private operator will be required to grant to the United States for use 
by it and its licensees:
    (1) Rights-of-way across lands controlled directly or indirectly by 
him;
    (2) The right to use, to the extent indicated in Secs. 2812.3-5 and 
2812.3-6, any portions of the road system or rights-of-way controlled 
directly or indirectly by the private operator which is adequate or can 
economically be made

[[Page 292]]

adequate to accommodate the probable normal requirements of both the 
operator and of the United States and its licensees, and which form an 
integral part of or may be added to the road system with which the 
requested right-of-way will connect;
    (3) The right to extend such road system across the operator's lands 
to reach federal roads or timber; and
    (4) In addition, in the limited circumstances set forth in 
Sec. 2812.3-2 of this subpart the right to use certain other roads and 
rights-of-way. The permit will describe by legal subdivisions the lands 
of the operator as to which the United States receives rights. In 
addition, the extent and duration of the rights received by the United 
States will be specifically stated in the permit and ordinarily will 
embrace only those portions of such road system, rights-of-way and lands 
as may be actually needed for the management and removal of federal 
timber, or other timber committed by a cooperative agreement to 
coordinated administration with timber of the United States.
    (e) When the United States or a licensee of the United States uses 
any portion of a permittee's road system for the removal of forest 
products, the permittee will be entitled to receive just compensation, 
including a fair share of the maintenance and amortization charges 
attributable to such road, and to prescribe reasonable road operating 
rules, in accordance with Secs. 2812.3-7 to 2812.4-4.
    (f) As some examples of how this policy would be applied in 
particular instances, the United States may issue a permit under subpart 
2812 without requesting any rights with respect to roads, rights-of-way 
or lands which the authorized officer finds will not be required for 
management of or access to Federal timber, or timber included in a 
cooperative agreement. Where, however, the authorized officer finds that 
there is a road controlled directly or indirectly by the applicant, 
which will be needed for such purposes and which he finds either has 
capacity to accommodate the probable normal requirements both of the 
applicant and of the Government and its licensees, or such additional 
capacity can be most economically provided by an investment in such road 
system by the Government rather than by the construction of a duplicate 
road, he may require, for the period of time during which the United 
States and its licensees will have need for the road, the rights to use 
the road for the marketing and management of its timber and of timber 
included in a cooperative agreement in return for the granting of 
rights-of-way across O. and C. lands, and an agreement that the road 
builder will be paid a fair share of the cost of the road and its 
maintenance. Where it appears to the authorized officer that such a road 
will not be adequate or cannot economically be enlarged to handle the 
probable normal requirements both of the private operator and of the 
United States and its licensees, or even where the authorized officer 
has reasonable doubt as to such capacity, he will not request rights 
over such a road. Instead, the Bureau will make provision for its own 
road system either by providing in its timber sale contracts that in 
return for the road cost allowance made in fixing the appraised value of 
the timber, timber purchasers will construct or extend a different road 
system, or by expending for such construction or by extension monies 
appropriated for such purposes by the Congress, or, where feasible, by 
using an existing duplicating road over which the Government has 
obtained road rights. In such circumstances, however, road cost and 
maintenance allowances made in the stumpage price of O. and C. timber 
will be required to be applied to the road which the Bureau has the 
right to use, and thereafter will not in any circumstances be available 
for amortization or maintenance costs of the applicant's road.
    (g) When a right-of-way permit is issued for a road or road system 
over which the United States obtains rights of use for itself and its 
licensees, the authorized officer will seek to agree with the applicant 
respecting such matters as the time, route, and specifications for the 
future development of the road system involved; the portion of the 
capital and maintenance costs of the road system to be borne by the 
timber to be transported over the road system by the United States and 
its licensees; a formula for determining the

[[Page 293]]

proportion of the capacity of the road system which is to be available 
to the United States and its licensees for the transportation of forest 
products; and other similar matters respecting the use of the road by 
the United States and its licensees and the compensation payable 
therefor. To the extent that any such matter is not embraced in such an 
agreement, it will be settled by negotiation between the permittee and 
the individual licensees of the United States who use the road, and, in 
the event of their disagreement, by private arbitration between them in 
accordance with the laws of the State of Oregon.
    (h) The authorized officer may in his discretion, issue short term 
right-of-way permits for periods not exceeding three years, subject to 
one-year extensions in his discretion. Such permits shall specify the 
volume of timber which may be carried over the right-of-way and the area 
from which such timber may be logged. The permits shall be revocable by 
the authorized officer, the State Director, or the Secretary for 
violation of their terms and conditions or of these regulations or if 
hazardous conditions result from the construction, maintenance or use of 
the rights-of-way by the permittees or those acting under their 
authority. As a condition for the granting of such permits, the 
applicant must comply with Secs. 2812.3-1 and 2812.3-3 of this subpart 
to the extent that rights-of-way and road use rights are needed to 
remove government timber offered for sale in the same general area 
during the period for which the short term right-of-way is granted.
    (i) The authorized officer may, in his discretion, issue to private 
operators rights-of-way across O. and C. lands, needed for the conduct 
of salvage operations, for a period not to exceed five years. A salvage 
operation as used in this paragraph means the removal of trees injured 
or killed by windstorms, insect infestation, disease, or fire, together 
with any adjacent green timber needed to make an economic logging show. 
As a condition of the granting of such rights-of-way, the operator will 
be required, when the authorized officer deems it necessary, to grant to 
the United States and its licensees for the conduct of salvage 
operations on O. and C. lands for a period not to exceed five years, 
rights-of-way across lands controlled directly or indirectly by him and 
to grant the right to use to the extent indicated in Secs. 2812.3-5 and 
2812.3-6 any portions of the road system controlled directly or 
indirectly by the private operator which is adequate or can economically 
be made adequate to accommodate the requirements of both the operator 
and of the United States and its licensees.
[35 FR 9637, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]



Sec. 2812.0-7  Cross reference.

    For disposal of timber or material to a trespasser, see Sec. 9239.0-
9 of this chapter.



Sec. 2812.0-9  Information collection.

    The information collection requirements contained in part 2810 of 
Group 2800 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized 
officer to determine if use of the public lands should be granted for 
rights-of-way grants or temporary use permits. The information will be 
used to make this determination. A response is required to obtain a 
benefit.
[60 FR 57072, Nov. 13, 1995]



Sec. 2812.1  Application procedures.



Sec. 2812.1-1  Filing.

    (a) An application for a permit for a right-of-way over the O. and 
C. lands must be submitted in duplicate on a form prescribed by the 
Director and filed in the appropriate district office. Application forms 
will be furnished upon request.
    (b) Any application filed hereunder, including each agreement 
submitted by the applicant as a part thereof or as a condition precedent 
to the issuance of a permit, may be withdrawn by the applicant by 
written notice delivered to the authorized officer prior to the time

[[Page 294]]

the permit applied for has been issued to, and accepted by, the 
applicant.
[35 FR 9637, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]



Sec. 2812.1-2  Contents.

    (a) An individual applicant and each member of any unincorporated 
association which is an applicant must state in the application whether 
he is a native born or a naturalized citizen of the United States. 
Naturalized citizens will be required to furnish evidence of 
naturalization pursuant to the provisions of Sec. 2802.1-4.
    (b) An application by a private corporation must be accompanied by 
two copies of its articles of incorporation, one of which must be 
certified by the proper official of the company under its corporate 
seal, or by the secretary of the State where organized. A corporation 
organized in a State other than Oregon must submit a certificate issued 
by the State of Oregon attesting that the corporation is authorized to 
transact business within that State. The requirements of this paragraph 
shall be deemed satisfied if the corporation, having once filed the 
required documents, makes specific reference to the date and case number 
of such previous applications, states what changes, if any, have been 
made since the prior filings, and includes a statement that the right of 
the company to do business in the State of Oregon has not lapsed or 
terminated.
    (c) Where the application is for a right-of-way on any portion of 
which the applicant proposes to construct a road, it must be accompanied 
by two copies of a map prepared on a scale of 4 inches or 8 inches to 
the mile. Showing the survey of the right-of-way so that it may be 
accurately located on the ground. The map should comply with the 
following requirements, except as the authorized officer may waive in 
any particular instance all or any of such requirements:

    Courses and distances of the center line of the right-of-way should 
be given; the courses referred to the true meridian and the distance in 
feet and decimals thereof. The initial and terminal points of the survey 
must be accurately connected by course and distance to the nearest 
readily identifiable corner of the public land surveys, or, if there be 
no such corner within two miles, then connected to two permanent and 
prominent monuments or natural objects. All subdivisions of the public 
lands surveys, any part of which is within the limits of the survey, 
should be shown in their entirety, based upon the official subsisting 
plat with subdivisions, section, township, and range clearly marked. The 
width of the right-of-way should be given; and if not of uniform width, 
the locations and amount of change must be definitely shown. There shall 
also be a statement on the face of or appended to the map indicating the 
grade and usable width of the road to be constructed, the type of 
material which will be used for the surface, the type and extent of the 
drainage facilities, and the type of construction and estimated capacity 
of any bridges. The map should bear upon its face the statement of the 
person who made the survey, if any, and the certificate of the 
applicant; such statement and certificate should be as set out in Forms 
as approved by the Director.


    (d) Where the application is for the use of an existing road, a map 
adequate to show the location thereof will be required, together with a 
statement of the specific nature and location of any proposed 
improvements to such road. A blank map suitable for most cases may be 
procured from the appropriate district forester.
    (e) Every application for a right-of-way must also be accompanied by 
a diagram indicating the roads and rights-of-way which form an integral 
part of the road system with which the requested right-of-way will 
connect, the portions of such road system which the applicant directly 
controls within the meaning of Sec. 2812.0-5(i), the portions thereof 
which the applicant indirectly controls within the meaning of 
Sec. 2812.0-5(j), and the portions thereof as to which the applicant has 
no control within the meaning of such sections. As to the portions over 
which the applicant has no control, he must furnish a statement showing 
for the two years preceding the date of the filing of the application, 
all periods of time that he had direct or indirect control thereof, and 
the date and nature of any changes in such control. The diagram shall 
also contain the name of the person whom the applicant believes directly 
controls any portion of such road system which the applicant does not 
directly control. Where a right-of-way for a railroad is involved, the 
applicant must indicate

[[Page 295]]

which portions of the right-of-way will be available for use as truck 
roads upon the removal of the rails and ties and the probable date of 
such removal. Blank diagram forms, suitable for most cases, may be 
obtained from the appropriate district forester.



Sec. 2812.1-3  Unauthorized use, occupancy, or development.

    Any use, occupancy, or development of the Revested Oregon and 
California Railroad and Reconveyed Coos Bay Wagon Road Grant Lands (O & 
C) lands (as is defined in 43 CFR 2812.0-5(e)), for tramroads without an 
authorization pursuant to this subpart, or which is beyond the scope and 
specific limitations of such an authorization, or that cause unnecessary 
or undue degradation, is prohibited and shall constitute a trespass as 
defined in Sec. 2800.0-5. Anyone determined by the authorized officer to 
be in violation of this section shall be notified of such trespass in 
writing and shall be liable to the United States for all costs and 
payments determined in the same manner as set forth at Sec. 2801.3, part 
2800 of this title.
[54 FR 25855, June 20, 1989]



Sec. 2812.2  Nature of permit.



Sec. 2812.2-1  Nonexclusive license.

    Permits for rights-of-way for tramroads, do not constitute 
easements, and do not confer any rights on the permittee to any material 
for construction or other purposes except, in accordance with the 
provisions of Secs. 2812.6-2 and 2812.8-3, such materials as may have 
been placed on such lands by a permittee. The permits are merely 
nonexclusive licenses to transport forest products owned by the 
permittee. Such permits may be canceled pursuant to Sec. 2812.8.



Sec. 2812.2-2  Right of permittee to authorize use by third parties.

    A permittee may not authorize other persons to use the right-of-way 
for the transportation of forest products which are not owned by the 
permittee. Any person, other than the permittee or a licensee of the 
United States who desires to use the right-of-way for such purposes, is 
required to make application therefor and to comply with all the 
provisions of these regulations relating to applications and applicants: 
Provided, however, That upon the request of a permittee the authorized 
officer may, with respect to an independent contractor who desires to 
use such right-of-way for the transportation of forest products owned by 
such independent contractor and derived from timber or logs acquired by 
him from such permittee, waive the requirements of this sentence. Where 
the right-of-way involved has been substantially improved by the holder 
of an outstanding permit, any subsequent permit issued for the same 
right-of-way will be conditioned upon the subsequent permittee's 
agreement while the prior permit is outstanding, to be bound by the road 
rules of and to pay fair compensation to, the prior permittee, such 
rules and compensation to be agreed upon by the prior and subsequent 
permittee in accordance with the procedures and standards established by 
the regulations in Secs. 2812.4-1, 2812.4-3, and 2812.4-4 of this 
subpart.



Sec. 2812.2-3  Construction in advance of permit.

    The authorized officer may grant an applicant authority to construct 
improvements on a proposed right-of-way prior to a determination whether 
the permit should issue. Such advance authority shall not be construed 
as any representation or commitment that a permit will issue. Upon 
demand by the authorized officer, the applicant will fully and promptly 
comply with all the requirements imposed under and by this paragraph. 
Advance construction will not be authorized unless and until applicant 
has complied with Secs. 2812.1-1, 2812.1-2, 2812.3-1 and 2812.5-1.



Sec. 2812.3  Right-of-way and road use agreement.



Sec. 2812.3-1  Rights over lands controlled by applicant.

    Where, in the judgment of the authorized officer, it appears 
necessary in order to carry out the policy set forth in Sec. 2812.0-6, 
he may require the applicant, as a condition precedent to the issuance 
of the permit:
    (a) To grant to the United States, for use by it and its licensees 
and permittees, rights-of-way across lands in the

[[Page 296]]

O. and C. area directly controlled by the applicant; and as to lands in 
such area which are indirectly controlled by him, either to obtain such 
rights for the United States or to make a showing satisfactory to the 
authorized officer that he has negotiated therefor in good faith and to 
waive as to the United States, its licensees and permittees any 
exclusive or restricted right he may have to such lands as are 
indirectly controlled by him.
    (b) In addition, to agree to permit the United States and its 
licensees, upon the payment of fair compensation as hereinafter 
provided, to use under the terms and conditions of this paragraph such 
portion as the applicant directly controls of the road system and 
rights-of-way which are an integral part of or may be added to the road 
system with which the right-of-way applied for will connect, and as to 
the portions of such road system or rights-of-way as the applicant 
indirectly controls, either to obtain such rights for the United States 
and its licensees or to make a showing satisfactory to the authorized 
officer that he has negotiated therefor in good faith and, in such 
latter circumstance, to waive as to the United States and its licensees 
any exclusive or restricted right he may have in such portion of the 
road system and rights-of-way.



Sec. 2812.3-2  Other roads and rights-of-way controlled by applicant.

    In addition to the private road systems and rights-of-way described 
in Sec. 2812.3-1 in the event the applicant controls directly or 
indirectly other roads or rights-of-way in any O. and C. area where the 
authorized officer of the Bureau finds that, as of the time of filing or 
during the pendency of the application, the United States is 
unreasonably denied access to its timber for management purposes or 
where, as of such time, competitive bidding by all prospective 
purchasers of timber managed by the Bureau in the O. and C. area, or of 
other Federal timber intermingled with or adjacent to such timber, is 
substantially precluded by reason of the applicant's control, direct or 
indirect, of such roads or rights-of-way, the authorized officer may 
require the applicant to negotiate an agreement granting to the United 
States and its licensees the right to use, in accordance with the terms 
and conditions of this paragraph such portion of such roads or rights-
of-way as may be necessary to accommodate such management or competitive 
bidding.



Sec. 2812.3-3  Form of grant to the United States, recordation.

    Any grant of rights to the United States under this section shall be 
executed on a form prescribed by the Director which shall constitute and 
form a part of any permit issued upon the application involved. The 
applicant shall record such agreement in the office of land records of 
the county or counties in which the roads, rights-of-way, or lands, 
subject to the agreement are located, and submit evidence of such 
recordation to the appropriate district manager.



Sec. 2812.3-4  Where no road use agreement is required.

    Where, in the judgment of the authorized officer, it is consistent 
with the policy set forth in subpart 2811 he may issue a permit without 
requesting the applicant to grant any rights to the United States under 
this paragraph.



Sec. 2812.3-5  Use by the United States and its licensees of rights received from a permittee.

    The use by the United States and its licensees of any of the rights 
received from a permittee hereunder shall be limited to that which is 
necessary for management purposes, or to reach, by the most reasonably 
direct route, involving the shortest practicable use of the permittee's 
road system, a road or highway which is suitable for the transportation 
of forest products in the type and size of vehicle customarily used for 
such purposes and which is legally available for public use for ingress 
to and the removal of forest products from Government lands or from 
other lands during such periods of time as the timber thereon may be 
committed by a cooperative agreement to coordinated administration with 
timber of the United States. However, the type and size of vehicle which 
may be used by the licensee on the permittee's road

[[Page 297]]

shall be governed by Secs. 2812.3-7 and 2812.4-3.



Sec. 2812.3-6  Duration and location of rights granted or received by the United States.

    The rights-of-way granted by the United States under any permit 
issued under Sec. 2812.6, subject to the provisions of Sec. 2812.7, will 
be for a stated term or terms which may vary for each portion of the 
right-of-way granted; such term or terms will normally be coincident 
with the probable period of use for the removal of forest products by 
the permittee and any successor in interest of the various portions of 
the right-of-way requested. In the same manner the permit will also 
state the duration of the rights of the United States to use and to 
permit its licensees to use, and the location by legal subdivisions of, 
each of the various portions, if any, of the roads, rights-of-way, and 
lands which a permittee hereunder authorizes the United States and its 
licensees to use; and, similarly, the duration of such rights received 
by the United States will normally be coincident with the probable 
period of use for the removal of forest products, by the United States 
and its existing and prospective licensees, of such roads, rights-of-
way, and lands.



Sec. 2812.3-7  Permittee's agreement with United States respecting compensation and adjustment of road use.

    (a) Where the United States receives rights over any road, right-of-
way, or lands, controlled directly or indirectly by a permittee, the 
authorized officer will seek to arrive at an advance agreement with the 
permittee respecting any or all of such matters as the time, route, and 
specifications for the development of the road system in the area; the 
total volume of timber to be moved over such road system, and the 
proportion of such timber which belongs to the United States or is 
embraced in a cooperative agreement for coordinated management with 
timber of the United States managed by the Bureau; the consequent 
proportion of the capital costs of the road system to be borne by such 
timber of the United States or embraced in such cooperative agreement; 
the period of time over, or rate at which, the United States or its 
licensees shall be required to amortise such capital cost; provisions 
for road maintenance; the use in addition to the uses set forth in 
Sec. 2812.3-5 which the United States and its licensees may make of the 
road system involved, a formula for determining the proportionate 
capacity of the road system or portions thereof which shall be available 
to the United States and its licensees for the transportation of forest 
products; the amount and type of insurance to be carried, and the type 
of security to be furnished by licensees of the United States who use 
such road; and such other similar matters as the authorized officer may 
deem appropriate. To the extent necessary to fulfill the obligations of 
the United States under any such advance agreement, subsequent contracts 
for the sale of timber managed by the Bureau and tapped by such road 
system, and subsequent cooperative agreements for the coordinated 
management of such timber with other timber, will contain such 
provisions as may be necessary or appropriate to require such licensees 
to comply with the terms of the advance agreement. Where such an advance 
agreement between the United States and the permittee includes 
provisions relating to the route and specifications for extensions of 
the road system involved, the authorized officer may agree that upon the 
filing of proper applications in the future the applicant or his 
successor in interest shall receive the necessary permits for such road 
extensions as may cross lands managed by the Bureau: Provided, however, 
That the applicant shall have substantially complied with the terms of 
such advance agreement and of the outstanding permits theretofore issued 
to him.
    (b) The provisions of Sec. 2812.4 shall not be applicable to any 
matters embraced in an agreement made pursuant to this section.

[[Page 298]]



Sec. 2812.4  Arbitration and agreements.



Sec. 2812.4-1  Agreements and arbitration between permittee and licensee respecting compensation payable by licensee to permittee for use of road.

    (a) In the event the United States exercises the rights received 
from a permittee hereunder to license a person to remove forest products 
over any road, right-of-way, or lands of the permittee or of his 
successor in interest, to the extent that such matters are not covered 
by an agreement under Sec. 2812.3-7 of this subpart, such licensee will 
be required to pay the permittee or his successor in interest such 
compensation and to furnish him such security, and to carry such 
liability insurance as the permittee or his successor in interest and 
the licensee may agree upon. If the parties do not agree, then upon the 
written request of either party delivered to the other party, the matter 
shall be referred to and finally determined by arbitration in accordance 
with the procedures established by Sec. 2812.4-4. During the pendency of 
such arbitration proceedings the licensee shall be entitled to use the 
road, right-of-way, or lands involved upon payment, or tender thereof 
validly maintained, to the permittee of an amount to be determined by 
the authorized officer and upon the furnishing to the permittee of a 
corporate surety bond in an amount equal to the difference between the 
amount fixed by the authorized officer and the amount sought by the 
permittee. The licensee shall also, as a condition of use in such 
circumstances, maintain such liability insurance in such amounts 
covering any additional hazard and risk which might accrue by reason of 
the licensee's use of the road, as the authorized officer may prescribe.
    (b) The arbitrators shall base their award as to the compensation to 
be paid by the licensee to the permittee or his successor in interest 
upon the amortization of the replacement costs for a road of the type 
involved, including in such replacement costs an extraordinary cost 
peculiar to the construction of the particular road involved and 
subtracting therefrom any capital investment made by the United States 
or its licensees in the particular road involved or in improvements 
thereto used by and useful to the permittee or his successor in interest 
plus a reasonable interest allowance on the resulting cost figure, 
taking into account the risk involved, plus costs of maintenance if 
furnished by the permittee or his successor, including costs of gates 
and gateman. In arriving at the amortization item, the arbitrators shall 
take into account the probable period of time, past and present, during 
which such road may be in existence, and the volume of timber which has 
been moved and the volume of timber currently merchantable, which 
probably will be moved from all sources over such road. The arbitrators 
shall also take into account the extent to which the use which the 
licensee might otherwise economically make of the road system is limited 
by Sec. 2812.3-5. In addition, the arbitrators may fix the rate at which 
payments shall be made by the licensee during his use of the road. The 
arbitrators shall require the licensee to provide adequate bond, cash 
deposit, or other security to indemnify the permittee or his successor 
in interest against failure of the licensee to comply with the terms of 
the award and against damage to the road not incident to normal usage 
and for any other reasonable purpose, and also to carry appropriate 
liability insurance covering any additional hazard and risks which may 
accrue by reason of the licensee's use of the road.
    (c) Where improvements or additions are required to enable a 
licensee to use a road or right-of-way to remove timber or forest 
products, the cost of such improvements will be allowable to the 
licensee.
    (d) The full value at current stumpage prices will be allocable 
against a licensee for all timber to be cut, removed, or destroyed by 
the licensee on a permittee's land in the construction or improvement of 
the road involved.



Sec. 2812.4-2  Compensation payable by United States to permittee for use of road.

    In the event the United States itself removes forest products over 
any road or right-of-way of the permittee or his successor in interest, 
the United

[[Page 299]]

States, if there has been no agreement under Sec. 2812.3-7 covering the 
matter, shall pay to the permittee or his successor in interest 
reasonable compensation as determined by the State Director, who shall 
base his determination upon the same standards established by this 
paragraph for arbitrators in the determination of the compensation to be 
paid by a licensee to a permittee: Provided, however, That no bond or 
other security or liability insurance is to be required of the United 
States. When the United States constructs or improves a road on a 
permittee's land or right-of-way it shall pay to the permittee the full 
value at current stumpage prices of all timber of the permittee cut, 
removed, or destroyed in the construction or maintenance of such road or 
road improvements. Current stumpage prices shall be determined by the 
application of the standard appraisal formula, used in appraising O. and 
C. timber for sale, to the volume and grade of timber. Such volume and 
grade shall be determined by a cruise made by the permittee or, at his 
request, by the authorized officer. If either the permittee or the 
authorized officer does not accept the cruise made by the other, the 
volume and grade shall be determined by a person or persons acceptable 
both to the permittee and the State Director.



Sec. 2812.4-3  Agreements and arbitration between permittee and licensee respecting adjustment of road use.

    (a) When the United States exercises the right received under this 
paragraph to use or to license any person to use a road of a permittee, 
the permittee or his successor in interest shall not unreasonably 
obstruct the United States or such licensee in such use. If there has 
been no agreement under Sec. 2812.3-7 covering such matters, the 
permittee shall have the right to prescribe reasonable operating 
regulations, to apply uniformly as between the permittee and such 
licensee, covering the use of such road for such matters as speed and 
load limits, scheduling of hauls during period of use by more than one 
timber operator, coordination of peak periods of use, and such other 
matters as are reasonably related to safe operations and protection of 
the road; if the capacity of such road should be inadequate to 
accommodate the use thereof which such licensee and permittee desire to 
make concurrently, they shall endeavor to adjust their respective uses 
by agreement.
    (b) If the permittee and such licensee are unable to agree as to the 
reasonableness of such operating regulations or on the adjustment of 
their respective uses where the capacity of the road is inadequate to 
accommodate their concurrent use, then upon the written request of 
either party delivered to the other party, the matter shall be referred 
to and finally determined by arbitration in accordance with the 
procedures established by Sec. 2812.4-4.
    (c) The arbitrators may make such disposition of a dispute involving 
the reasonableness of such operating regulations as appears equitable to 
them, taking into account the capacity and the construction of the road 
and the volume of use to which it will be subjected. In the 
determination of a dispute arising out of the inadequacy of the capacity 
of a road to accommodate the concurrent use by a permittee and a 
licensee, the arbitrators may make such disposition thereof as appears 
equitable to them, taking into account, among other pertinent facts, the 
commitments of the permittee and the licensee with respect to the 
cutting and removal of the timber involved and the disposition of the 
products derived therefrom; the extent to which each of the parties may 
practicably satisfy any of the aforesaid commitments from other timber 
currently controlled by him; the past normal use of such road by the 
permittee; the extent to which federal timber has contributed to the 
amortization of the capital costs of such road; and the extent to which 
the United States or its licensees have enlarged the road capacity.



Sec. 2812.4-4  Arbitration procedure.

    (a) Within 10 days after the delivery of a written request for 
arbitration under Sec. 2812.4-1 or Sec. 2812.4-3 of this subpart each of 
the parties to the disagreement shall appoint an arbitrator and the two 
arbitrators thus appointed shall select a third arbitrator. If either 
party fails to appoint an arbitrator as

[[Page 300]]

provided herein, the other party may apply to a court of record of the 
State of Oregon for the appointment of such an arbitrator, as provided 
by the laws of such State. If within ten days of the appointment of the 
second of them, the original two arbitrators are unable to agree upon a 
third arbitrator who will accept the appointment, either party may 
petition such a court of record of the State of Oregon for the 
appointment of a third arbitrator. Should any vacancy occur by reason of 
the resignation, death or inability of one or more of the arbitrators to 
serve, the vacancy shall be filled according to the procedures 
applicable to the appointment of the arbitrator whose death, disability, 
or other inability to serve, created the vacancy.
    (b) By mutual agreement, the parties may submit to a single 
arbitration proceeding controversies arising under both Secs. 2812.4-1 
and 2812.4-3.
    (c) The arbitrators shall hear and determine the controversy and 
make, file, and serve their award in accordance with the substantive 
standards prescribed in Secs. 2812.4-1 and 2812.4-3, for the type of 
controversy involved and in accordance with the procedures established 
by the laws of the State of Oregon pertaining to arbitration 
proceedings. A copy of the award shall also be served at the same time 
upon the authorized officer or the State Director, either personally or 
by registered mail.
    (d) Costs of the arbitration proceedings shall be assessed by the 
arbitrators against either or both of the parties, as may appear 
equitable to the arbitrators, taking into account the original 
contentions of the parties, the ultimate decision of the arbitrators and 
such other matter as may appear relevant to the arbitrators.
[35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]



Sec. 2812.5  Payment to the United States, bond.



Sec. 2812.5-1  Payment required for O. and C. timber.

    An applicant will be required to pay to the Bureau of Land 
Management, in advance of the issuance of the permit, the full stumpage 
value as determined by the authorized officer of the estimated volume of 
all timber to be cut, removed, or destroyed, on O. and C. lands in the 
construction or operation of the road.



Sec. 2812.5-2  Payment to the United States for road use.

    (a) A permittee shall pay a basic fee of $5 per year per mile or 
fraction thereof for the use of any existing road or of any road 
constructed by the permittee upon the right-of-way. If the term of the 
permit is for 5 years or less, the entire basic fee must be paid in 
advance of the issuance of the permit. If the term of the permit is 
longer than 5 years, the basic fee for each 5-year period or for the 
remainder of the last period, if less than 5 years, must be paid in 
advance at 5-year intervals: Provided, however, That in those cases 
where the permittee has executed under Secs. 2812.3-1 to 2812.3-5 an 
agreement respecting the use of roads, rights-of-way or lands, no such 
basic fee shall be paid: Provided further, This paragraph shall not 
apply where payment for road use is required under Sec. 2812.3-1(b).
    (b) Where the permittee receives a right to use a road constructed 
or acquired by the United States, which road is under the administrative 
jurisdiction of the Bureau of Land Management, the permittee will be 
required to pay to the United States a fee to be determined by the 
authorized officer who may also fix the rate at which payments shall be 
made by the permittee during his use of the road. The authorized officer 
shall base his determination upon the amortization of the replacement 
costs for a road of the type involved, together with a reasonable 
interest allowance on such costs plus costs of maintenance if furnished 
by the United States and any extraordinary costs peculiar to the 
construction or acquisition of the particular road. In the case of 
federally acquired or constructed access roads, an allowance 
representing a reasonable allocation for recreational or other 
authorized uses shall be deducted from the replacement costs of the road 
before the amortization item is computed. A similar allowance and 
deduction shall be

[[Page 301]]

made in cases involving roads constructed as a part of a timber sale 
contract when, and if, subsequent to completion of such contract any 
such road becomes subject to recreational or other authorized uses. In 
arriving at the amortization item, the authorized officer shall take 
into account the probable period of time, past and present, during which 
such road may be in existence, and the volume of timber which has been 
moved, and the volume of timber currently merchantable which probably 
will be moved from all sources over such road: Provided, however, That 
this subdivision shall not apply where the permittee transports forest 
products purchased from the United States through the Bureau of Land 
Management, or where payment for such road use to another permittee is 
required under this subpart 2812: Provided further, That where the 
United States is entitled to charge a fee for the use of a road, the 
authorized officer may waive such fee if the permittee grants to the 
United States and its licensees the right to use, without charge, 
permittee's roads of approximately equal value as determined under the 
methods provided in this subdivision and Sec. 2812.4-1(b), as may be 
applicable.
    (c) If an application is filed to use a road built on O. and C. 
lands by the applicant or his predecessor in interest under a permit 
which has expired, the authorized officer may issue a new permit which 
provides that as to such road the applicant's road use payments shall be 
determined in accordance with paragraph (b) of this section except that 
he shall be required to pay a road use fee which is adequate to amortize 
only his proportionate share of any capital improvements which have been 
or may be placed on the road by the United States or its licensees 
together with a reasonable interest allowance thereon plus cost of 
maintenance if furnished by the United States: Provided, however, That 
if the application is for use of a road which has been built by a 
predecessor in interest the permit shall provide that the applicant may 
use the road only for the purpose of reaching the lands of the 
predecessor in interest that were served by the road. As a condition for 
the granting of such a permit, the applicant must comply with 
Secs. 2812.3-1 to 2812.3-5 to the extent that rights-of-way and road use 
rights are needed to manage lands of the United States or to remove 
timber therefrom.



Sec. 2812.5-3  Bonds in connection with existing roads.

    An applicant for permit or a permittee desiring to use an existing 
road owned or controlled by the United States, shall prior to such use 
post a bond on a form prescribed by the Director. The amount of the bond 
shall be determined by the authorized officer but in no event less than 
five hundred dollars ($500) per mile or fraction thereof. The bond shall 
be executed by an approved corporate surety, or the permittee may 
deposit an equivalent amount in cash or negotiable securities of the 
United States and the bond shall be conditioned upon compliance with 
subpart 2812 and the terms and conditions of the permit.



Sec. 2812.6  Approval and terms of permit.



Sec. 2812.6-1  Approval.

    (a) Upon the applicant's compliance with the appropriate provisions 
of this paragraph and if it is determined that the approval of the 
application will be in the public interest, the authorized officer may, 
in his discretion, issue an appropriate permit, upon a form prescribed 
by the Director.
    (b) The authorized officer may waive the requirements of 
Secs. 2812.1-2 (c) and (e) and 2812.5-3 in the case of a natural person 
who applies for a right-of-way for not to exceed a period of twelve 
weeks. Not more than one such waiver shall be allowed in each 
consecutive twelve calendar months on behalf of or for the benefit of 
the same person.



Sec. 2812.6-2  Terms and conditions of permit.

    (a) As to all permits: Every permittee shall agree:
    (1) To comply with the applicable regulations in effect as of the 
time when the permit is issued and, as to the permittee's roads as to 
which the United States has received rights under Secs. 2812.3-1 to 
2812.3-5 with such additional regulations as may be issued from time to 
time relating to the use

[[Page 302]]

of roads for the purpose of access by properly licensed hunters and 
fishermen and by other recreationalists to lands of the United States in 
the O. and C. area which are suitable for such recreational purposes, 
where such use will not unreasonably interfere with the use of the road 
by the permittee for the transportation of forest products or unduly 
enhance the risk of fire, collision, or other hazards on such road and 
on lands in the vicinity thereof. If, notwithstanding the request of the 
authorized officer that the permittee allow use of a road in conformity 
with such additional regulations the permittee shall unreasonably 
withhold his assent, the authorized officer shall refer the disagreement 
through the proper channels to the Director of the Bureau for his 
consideration, and, if the Director concurs in the conclusion of the 
authorized officer and if the matter is still in dispute, he shall refer 
the matter to the Secretary of the Interior for his consideration. In 
the event of the Secretary's concurrence in the conclusions of the 
authorized officer, and if the permittee nevertheless unreasonably 
withholds such assent, the United States may institute such judicial 
proceedings as may be appropriate to enforce said regulations.
    (2) Not to cut, remove, or destroy any timber not previously 
purchased on the right-of-way without having first obtained specific 
authority from the authorized officer and making payment therefor.
    (3) To take adequate precaution to prevent forest, brush, and grass 
fires; to endeavor with all available personnel to suppress any fire 
originating on or threatening the right-of-way on which a road is being 
used or constructed by the permittee or any fire caused by the 
permittee; to do no burning on or near the right-of-way without State 
permit during the seasons that permits are required and in no event to 
set fire on or near the right-of-way that will result in damage to any 
natural resource or improvement.
    (4) To submit to arbitration proceedings and to be bound by the 
resulting arbitral awards, pursuant to Secs. 2812.4-1, 2812.4-3, and 
2812.4-4.
    (5) In the event that the United States acquires by purchase or 
eminent domain the land or any interest therein, over which there passes 
a road which the United States has acquired the right to use under 
Secs. 2812.3-1 to 2812.3-5 of this subpart to waive compensation for the 
value of the road, equivalent to the proportion that the amount the 
United States has contributed bears to the total actual cost of 
construction of the road. Such contribution shall include any investment 
in or amortization of the cost of such road, or both, as the case may 
be, made by the United States or a licensee either by way of direct 
expenditures upon such road, or by way of payment by the United States 
or a licensee to the permittee, or by way of allowance made by the 
United States to the permittee in any timber sales contract for such 
amortization or capital investment.
    (6) To construct all roads and other improvements as described in 
the application for the permit, except as the authorized officer may 
authorize modification or abandonment of any such proposed construction.
    (7) To use the permit and right-of-way afforded subject to all valid 
existing rights, to such additional rights-of-way as may be granted 
under this paragraph to a reservation of rights-of-way for ditches and 
canals constructed under authority of the United States.
    (8) Not to discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin, and to 
require an identical provision to be included in all subcontracts.
    (9) Except as the authorized officer may otherwise permit or direct 
to clean up and remove from the road and right-of-way within six months 
after the expiration or other termination of the permit, all debris, 
refuse, and waste material which may have resulted from his operations 
and use of said road; to repair all damage to said road resulting 
directly or indirectly from his use thereof; and to remove therefrom all 
structures, timbers, and other objects that may have been installed or 
placed thereon by him in connection with said operations or use; 
Provided, however, That the road and all usable road improvements shall 
be left in place.

[[Page 303]]

    (10) Upon request of an authorized officer, to submit to the Bureau 
within 30 days with permission to publish, the detailed terms and 
conditions, including the fee which the permittee will ask as a 
condition of such licensee's use for the removal of forest products over 
any road or right-of-way which the United States and its licensees have 
acquired a right to use under Secs. 2812.1-3 to 2812.1-5.
    (11) To grant to the United States, upon request of an authorized 
officer in lieu of the rights-of-way across legal subdivisions granted 
pursuant to Secs. 2812.1-3 to 2812.1-5, such permanent easements on 
specifically described locations as may be necessary to permit the 
Bureau to construct roads on such legal subdivisions with appropriated 
funds: Provided, That at the time of the grant of such permanent 
easements the Bureau shall release, except for necessary connecting spur 
roads, the rights-of-way across such legal subdivisions previously 
granted: Provided further, That if the United States builds a road on 
such permanent easements it shall pay for any timber of the permittee 
which is cut, removed, or destroyed in accordance with Sec. 2812.4-2. 
The authorized officer shall waive the requirement under this paragraph, 
however, if the permittee makes a satisfactory showing to the authorized 
officer that he does not own a sufficient interest in the land to grant 
a permanent easement, and that he has negotiated therefor in good faith 
without success.
    (b) As to permits for the use of an existing road: In addition, 
every permittee to whom a permit is issued for the use of an existing 
road is required to agree:
    (1) To maintain such a road in an adequate and satisfactory 
condition or to arrange therefor with the other users of the road. In 
the absence of satisfactory performance, the authorized officer may have 
such maintenance work performed as may be necessary in his judgment, 
determine the proportionate share allocable to each user, and collect 
the cost thereof from the parties or the sureties on the bonds furnished 
by said parties.
    (2) Upon the expiration or other termination of his right to its 
use, to leave said road and right-of-way in at least as good a condition 
as existed prior to the commencement of his use.



Sec. 2812.7  Assignment of permit.

    Any proposed assignment of a permit must be submitted in duplicate, 
within 90 days after the date of its execution, to the authorized 
officer for approval, accompanied by the same showing and undertaking by 
the assignee as is required of an applicant by Secs. 2812.1-2 and 
2812.3-1 to 2812.3-5, and must be supported by a stipulation that the 
assignee agrees to comply with and be bound by the terms and conditions 
of the permit and the applicable regulations of the Department of the 
Interior in force as of the date of such approval of the assignment.
[35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]



Sec. 2812.8  Cause for termination of permittee's rights.



Sec. 2812.8-1  Notice of termination.

    (a) The authorized officer in his discretion may elect upon 30 days' 
notice to terminate any permit or right-of-way issued under this 
paragraph if:
    (1) In connection with the application made therefor, the applicant 
represented any material fact knowing the same to be false or made such 
representation in reckless disregard of the truth; or
    (2) A permittee, subsequent to the issuance of a permit or right-of-
way to him, represents any material fact to the Bureau, in accordance 
with any requirement of such permit or this paragraph, knowing such 
representation to be false, or makes such representation in reckless 
disregard of the truth.
    (b) The authorized officer in his discretion may elect to terminate 
any permit or right-of-way issued under this paragraph, if the permittee 
shall fail to comply with any of the provisions of such regulations or 
make defaults in the performance or obligation of any of the conditions 
of the permit, and such failure or default shall continue for 60 days 
after service of written notice thereof by the authorized officer.
    (c) Notice of such termination shall be served personally or by 
registered mail upon the permittee, shall specify

[[Page 304]]

the misrepresentation, failure or default involved, and shall be final, 
subject, however, to the permittee's right of appeal.
    (d) Termination of the permit and of the right-of-way under this 
section shall not operate to terminate any right granted to the United 
States pursuant to this paragraph, nor shall it affect the right of the 
permittee, after the termination of his permit and right-of-way to 
receive compensation and to establish road operating rules with respect 
to roads controlled by him which the United States has the right to use 
and to permit its licensees to use; nor shall it relieve the permittee 
of his duty under this paragraph, to submit to and be bound by 
arbitration pursuant to Secs. 2812.4-1, 2812.4-3, and 2812.4-4.



Sec. 2812.8-2  Remedies for violations by licensee.

    (a) No licensee of the United States will be authorized to use the 
roads of a permittee except under the terms of a timber sale contract or 
a cooperative agreement with the United States which will require the 
licensee to comply with all the applicable provisions of this paragraph, 
and any agreements or awards made pursuant thereto. If a licensee fails 
to comply with the regulations, agreements, or awards, the authorized 
officer will take such action as may be appropriate under the provisions 
of the timber sale contract or cooperative agreement.
    (b) A permittee who believes that a licensee is violating the 
provisions of such a timber sale contract or cooperative agreement 
pertaining to use of the permittee's roads, rights-of-way, or lands, may 
petition the authorized officer, setting forth the grounds for his 
belief, to take such action against the licensee as may be appropriate 
under the contract or the cooperative agreement. In such event the 
permittee shall be bound by the decision of the authorized officer, 
subject, however, to a right of appeal pursuant to Sec. 2812.9 and 
subject, further, to the general provisions of law respecting review of 
administrative determinations. In the alternative, a permittee who 
believes that a licensee has violated the terms of the timber sale 
contract or cooperative agreement respecting the use of the permittee's 
roads may proceed against the licensee in any court of competent 
jurisdiction to obtain such relief as may be appropriate in the 
premises.



Sec. 2812.8-3  Disposition of property on termination of permit.

    Upon the expiration or other termination of the permittee's rights, 
in the absence of an agreement to the contrary, the permittee will be 
allowed 6 months in which to remove or otherwise dispose of all property 
or improvements, other than the road and usable improvements to the 
road, placed by him on the right-of-way, but if not removed within this 
period, all such property and improvements shall become the property of 
the United States.



Sec. 2812.9  Appeals.

    An appeal pursuant to part 4 of 43 CFR Subtitle A, may be taken from 
any final decision of the authorized officer, to the Board of Land 
Appeals, Office of the Secretary.
[41 FR 29123, July 15, 1976]



PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents




  Subpart 2880--Oil and Natural Gas Pipelines and Related Facilities: 
                                 General

Sec.
2880.0-3  Authority.
2880.0-5  Definitions.
2880.0-7  Scope.
2880.0-9  Information collection.

Subpart 2881--Terms and Conditions of Right-of-Way Grants and Temporary 
                               Use Permits

2881.1  Nature of interest.
2881.1-1  Nature of right-of-way interest.
2881.1-2  Nature of temporary use permit interest.
2881.1-3  Reservation of rights to the United States.
2881.2  Terms and conditions of interest granted.
2881.3  Unauthorized use, occupancy or development.

                       Subpart 2882--Applications

2882.1  Preapplication activity.

[[Page 305]]

2882.2  Requirements for applications for right-of-way grants and 
          temporary use permits.
2882.2-1  Applicant qualifications.
2882.2-2  Application filing.
2882.2-3  Application content.
2882.3  Application processing.
2882.4  Interagency agreements.

             Subpart 2883--Administration of Rights Granted

2883.1     General requirements.
2883.1-1  Cost reimbursement.
2883.1-2  Rental payments.
2883.1-3  Bonding.
2883.1-4  Liability.
2883.1-5  Common carriers.
2883.1-6  Export.
2883.2  Holder activity.
2883.3  Construction procedures.
2883.4  Operation and maintenance.
2883.5  Immediate temporary suspension of activities.
2883.6  Suspension and termination of right-of-way grants and temporary 
          use permits.
2883.6-1  Suspension and termination of right-of-way grants.
2883.6-2  Suspension and termination of temporary permits.
2883.7  Change in Federal jurisdiction or disposal of lands.
2883.8  Restoration of Federal lands.

                          Subpart 2884--Appeals

2884.1  Appeals procedure.

                     Subparts 2885-2886  [Reserved]

            Subpart 2887--Over Lands Subject to Mineral Lease

2887.0-3  Authority.

    Authority:  30 U.S.C. 185, sec. 28, unless otherwise noted.

    Source:  44 FR 58129, Oct. 9, 1979, unless otherwise noted.



  Subpart 2880--Oil and Natural Gas Pipelines and Related Facilities: 
                                 General



Sec. 2880.0-3  Authority.

    The provisions of this subpart are issued under the authority of 
section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 
185), unless otherwise noted.



Sec. 2880.0-5  Definitions.

    As used in this part, the term:
    (a) Act means section 28 of the Mineral Leasing Act of 1920, as 
amended (30 U.S.C. 185).
    (b) Agency head means the head of any Federal department or 
independent Federal office or agency, other than the Secretary of the 
Interior, who has jurisdiction over the surface of Federal lands.
    (c) Applicant means any individual, partnership, corporation, 
association, or other business entity, or any State or local 
governmental entity or agency, which applies for a right-of-way grant or 
temporary use permit under the Act.
    (d) Authorized officer means any employee of the department of the 
Interior to whom has been delegated the authority to perform the duties 
described in this part.
    (e) Federal lands means all lands owned by the United States except 
lands in the National Park System, lands held in trust for an Indian or 
Indian tribe, and lands on the Outer Continental Shelf.
    (f) Holder means any individual, partnership, corporation, 
association, or other business entity, or any State or local 
governmental entity or agency which has received a right-of-way grant or 
temporary use permit under the Act.
    (g) Oil or gas means oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom.
    (h) Temporary use permit means a revocable nonpossessory privilege 
to use specified Federal lands in the vicinity of a right-of-way in 
connection with the construction, operation, maintenance, or termination 
of a pipeline or for the protection of the natural environment or public 
safety.
    (i) Pipeline means a line of traversing Federal lands for 
transportation of oil or gas. The term includes feeder lines, trunk 
lines, and related facilities, but does not include a lessee's or lease 
operator's production facilities located on his lease.
    (j) Pipeline system means all facilities, whether or not located on 
Federal lands, used by a holder in connection with the construction, 
operation, maintenance, or termination of a pipeline.

[[Page 306]]

    (k) Production facilities means a lessee's or lease operator's pipes 
and equipment used on his lease solely to aid in his extraction, 
storage, and processing of oil and gas. The term includes storage tanks 
and processing equipment, and gathering lines upstream from such tanks 
and equipment, or in the case of gas, upstream from the point of 
delivery. The term also includes pipes and equipment, such as water and 
gas injection lines, used in the production process for purposes other 
than carrying oil and gas downstream from the wellhead.
    (l) Related facilities means those structures, devices, 
improvements, and sites, the substantially continuous use of which is 
necessary for the operation or maintenance of a pipline, which are 
located on Federal lands, and which are authorized under the Act, 
including but not limited to: Supporting structures; airstrips; roads; 
campsites; pump stations, including associated heliports, structures, 
yards, and fences; valves, and other control devices; surge and storage 
tanks; bridges; monitoring and communication devices and structures 
housing them; terminals, including structures, yards, docks, fences, and 
storage tank facilities; retaining walls, berms, dikes, ditches, cuts, 
and fills; structures and areas for storing supplies and equipment. 
Related facilities may be connected or nonconnected or contiguous or 
noncontiguous to the pipe.
    (m) Right-of-way means the Federal land authorized to be occupied 
pursuant to a right-of-way grant.
    (n) Right-of-way grant means a document authorizing a nonpossessory, 
nonexclusive right to use Federal lands for the limited purpose of 
construction, operation, maintenance, and termination of a pipeline.
    (o) Secretary means the Secretary of the Interior.
[44 FR 58129, Oct. 9, 1979, as amended at 45 FR 59880, Sept. 11, 1980]



Sec. 2880.0-7  Scope.

    (a) These regulations apply to any application now on file or 
hereafter filed with Federal agencies for issuance, modification, or 
renewal of a right-of-way grant or a temporary use permit, except where 
the surface of the Federal lands involved in the right-of-way or 
temporary use permit area is under the jurisdiction of a single Federal 
agency, including bureaus and agencies within the Department of the 
Interior, other than the Bureau of Land Management.
    (b) In addition, the provisions of Sec. 2883.5 of this title apply 
to all right-of-way grants and temporary use permits heretofore issued 
pursuant to section 28 of the Mineral Leasing Act by the Bureau of Land 
Management, and to permits, grants, and other authorizations heretofore 
issued by the Secretary or his delegate in connection with the Trans-
Alaska Oil Pipeline System (TAPS). Further, the permits, grants and 
other authorizations heretofore and hereafter issued by the Secretary or 
his delegate in connection with the Trans-Alaska Pipeline System are 
subject to Sec. 2883.1-1 of this title.
    (c) The regulations of this part do not apply to the reservation of 
rights-of-way for Federal departments or agencies. Such rights-of-way 
shall be reserved in accordance with the regulations in subpart 2800 of 
this title.


(Sec. 28, Mineral Leasing Act, as amended and supplemented (30 U.S.C. 
181 et seq.), sec. 203, Trans-Alaska Pipeline Authorization Act (Pub. L. 
95-153); Independent Offices Appropriation Act of 1952 (31 U.S.C. 483a))
[44 FR 58129, Oct. 9, 1979, as amended at 49 FR 31209, Aug. 3, 1984; 51 
FR 31765, Sept. 5, 1986]



Sec. 2880.0-9  Information collection.

    The information collection requirements contained in part 2880 of 
Group 2800 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance numbers 1004-0102 and 1004-
0107. The information is being collected to permit the authorized 
officer to determine if use of the public lands should be granted for 
rights-of-way grants or temporary use permits. The information will be 
used to make this determination. A response is required to obtain a 
benefit.
[60 FR 57072, Nov. 13, 1995]

[[Page 307]]



Subpart 2881--Terms and Conditions of Right-of-Way Grants and Temporary 
                               Use Permits



Sec. 2881.1  Nature of interest.



Sec. 2881.1-1  Nature of right-of-way interest.

    (a) The United States retains a right to use a right-of-way and 
temporary use permit area or authorize the use of it to others in any 
manner not inconsistent with pipeline construction, operation, 
maintenance, and termination. The holder of a right-of-way grant or 
temporary use permit has no right to any of the products of the land 
including, but not limited to, timber, forage, mineral, and animal 
resources. The holder may not allow the use of a right-of-way or 
temporary use permit area by others except its contractors, 
subcontractors, employees, agents or servants for purposes of 
construction, operation, maintenance, or termination of the pipeline.
    (b) A holder shall not use a right-of-way and temporary use permit 
area for any purpose other than for the construction, operation, 
maintenance, and termination of the pipeline specified in the holders 
right-of-way grant. A holder shall not locate or construct any other 
pipelines, including looping lines, or other improvements within a 
right-of-way without first securing appropriate authorization therefor.
    (c) The width of a right-of-way shall not exceed 50 feet plus the 
ground occupied by the pipeline (that is, the pipe and related 
facilities) unless the authorized officer finds and records the reasons 
for his finding, that a wider right-of-way is necessary for operation 
and maintenance after construction, or to protect the environment or 
public safety.
    (d) An applicant may apply to the authorized officer for a wider 
right-of-way in limited areas, if necessary:
    (1) For the operation and maintenance of the project after 
construction;
    (2) To protect the environment; or
    (3) To provide for the public safety. If the authorized officer 
finds that the additional width is necessary for one of the above 
reasons, he may authorize a wider width. Such authorization shall 
include a written report recording the reasons why the additional width 
is necessary.
    (e) A right-of-way grant issued or renewed under these regulations 
shall be limited to a reasonable term, not to exceed 30 years. No term 
shall be longer than is necessary to accomplish the purpose of the 
grant. The authorized officer shall determine the duration of each 
right-of-way grant, taking into consideration, among other things:
    (1) The cost of the facility,
    (2) Its useful life,
    (3) Any public purpose it serves, and
    (4) Potentially conflicting uses of the land.
    (f) Except where a right-of-way grant has terminated by its terms 
upon the occurrence of a fixed or agreed upon condition, event, or time, 
it shall be renewed if the pipeline is being operated and maintained in 
accordance with all provisions of the right-of-way grant, these 
regulations and the Act. The authorized officer may modify the terms and 
conditions of the right-of-way grant at the time of renewal.
    (g) No purported transfer of an interest in a right-of-way grant, a 
right-of-way, or any portion of a pipeline system located within a 
right-of-way, shall be valid without the prior written approval of the 
authorized officer. Applications for such approval shall be directed to 
the authorized officer. A transferee shall meet all the requirements of 
an original pipeline right-of-way grantee is bound by and shall assume 
all of the transferor's responsibility to the United States with respect 
to the transferred interest and shall agree to be bound by all terms of 
any outstanding right-of-way grant or temporary use permit. Applications 
for a transfer of interest shall be accompanied by a nonrefundable fee 
of $50, except that where a holder assigns more than 1 right-of-way 
grant as part of a single action, the authorized officer, due to 
economies of scale, may set a fee of less than $50 per assignment.
[44 FR 58129, Oct. 9, 1979, as amended at 52 FR 25821, July 8, 1987]



Sec. 2881.1-2  Nature of temporary use permit interest.

    (a) A temporary use permit does not grant any interest in land and 
is revocable at will by the authorized officer.

[[Page 308]]

    (b) The area covered by a temporary use permit shall be no greater 
than is necessary to accommodate the authorized use or to protect the 
environment or provide for public safety.
    (c) The duration of a temporary use permit shall be determined by 
the authorized officer in a manner that is consistent with construction 
activities, and is not to exceed that length of time needed to 
accomplish the purpose for which the permit is sought. The term of a 
temporary use permit shall not exceed 3 years subject to the provisions 
of this section.
    (d) A temporary use permit may be renewed at the discretion of the 
authorized officer, but the permittee has no right of renewal. The 
authorized officer may modify the terms and conditions of the temporary 
use permit at the time of renewal.
    (e) A temporary use permit may be assigned at the discretion of the 
authorized officer, provided the use for which the permit was issued 
continues.



Sec. 2881.1-3  Reservation of rights to the United States.

    All rights in Federal lands subject to a right-of-way grant or 
temporary use permit not expressly granted are retained by the United 
States. These rights include, but are not limited to:
    (a) A continuing right of access across right-of-way and temporary 
use permit areas to all Federal lands (including the subsurface and air 
space);
    (b) A continuing right of physical entry to any part of the pipeline 
system for inspection, monitoring, or for any other purpose or reason 
consistent with any right or obligation of the United States under any 
law or regulation; and
    (c) The right to make, issue, or grant right-of-way grants, 
temporary use permits, easements, leases, licenses, contracts, patents, 
permits and other authorizations to or with third parties for compatible 
uses on, under, above, or adjacent to the Federal lands subject to a 
right-of-way grant or temporary use permit.



Sec. 2881.2  Terms and conditions of interest granted.

    (a) An applicant, by accepting a right-of-way grant or a temporary 
use permit, agrees and consents to comply with and be bound by the 
following terms and conditions, excepting those which the Secretary may 
waive in a particular case:
    (1) To the extent practicable, all State and Federal laws applicable 
to the pipeline system construction, operation and maintenance which is 
authorized and all such additional State and Federal law, along with the 
implementing regulations, that may be enacted and issued during the term 
of the grant or permit;
    (2) That in the construction, operation and maintenance of the 
pipeline and related facilities, there shall be no discrimination 
against any employee or applicant for employment because of race, creed, 
color, sex or national origin and all subcontracts shall include an 
identical provision;
    (3) To build and repair roads, fences and trails that may be 
destroyed or damaged by construction, operation or maintenance of the 
pipeline and related facilities and to build and maintain suitable 
crossings for roads and trails that intersect the right-of-way and 
related facilities; and
    (4) To do everything reasonably within his or her power, both 
independently and upon request of the authorized officer, to prevent and 
suppress fires on or near the right-of-way and related facilities. This 
includes making available such construction and maintenance forces as 
may be reasonably obtained for the suppression of fires.
    (b) All right-of-way grants and temporary use permits issued, 
renewed, or amended under these regulations shall contain such terms, 
conditions, and stipulations as may be prescribed by the authorized 
officer regarding extent, duration, survey, location, construction, 
operation, maintenance, use, and termination. The authorized officer 
shall impose stipulations which shall include, but shall not be limited 
to:
    (1) Requirements for restoration, revegetation, and curtailment of 
erosion of the surface of the land;
    (2) Requirements to insure that activities in connection with the 
right-of-way grant or temporary use permit shall not violate applicable 
air and water quality standards or related facility siting standards 
established by

[[Page 309]]

or pursuant to applicable Federal and State law;
    (3) Requirements designed to control or prevent damage to the 
environment (including damage to fish and wildlife habitat), damage to 
public or private property, and hazards to public health and safety; and
    (4) Requirements to protect the interests of individuals living in 
the general vicinity of the right-of-way or temporary use permit area 
who rely on the fish, wildlife, and biotic resources of the area for 
subsistence purposes.
    (c) Right-of-way grants or temporary use permits issued, renewed, or 
amended under this title shall include requirements which comply with 
applicable Federal and State law that will protect the safety and health 
of pipeline workers and the general public, including, but not limited 
to, protection against the sudden rupture and slow degradation of the 
pipeline. Applicants and holders shall design, construct, operate, and 
maintain all facilities in accordance with applicable Federal and State 
law governing pipelines and pipeline construction.
[44 FR 58129, Oct. 9, 1979, as amended at 52 FR 25821, July 8, 1987]



Sec. 2881.3  Unauthorized use, occupancy or development.

    Any use, occupancy, or development of the public lands that requires 
a right-of-way, temporary use permit, or other authorization pursuant to 
the regulations in this part, and that has not been so authorized, or 
that is beyond the scope and specific limitations of such authorization, 
or that causes unnecessary or undue degradation, is prohibited and shall 
constitute a trespass as defined in Sec. 2800.0-5. Anyone determined by 
the authorized officer to be in trespass on the public lands shall be 
notified in writing of such trespass and shall be liable to the United 
States for all costs and payments determined in the same manner as set 
forth at Sec. 2801.3, part 2800 of this title.
[54 FR 25855, June 20, 1989]



                       Subpart 2882--Applications



Sec. 2882.1  Preapplication activity.

    (a) Upon determining that a proposed pipeline project is 
contemplated which would cross Federal lands under the jurisdiction of 
the Department of the Interior, or two or more Federal agencies, the 
proponent of such project is encouraged to promptly notify the 
appropriate office identified in Sec. 2882.2-2 of this title or the 
Secretary.
    (b) The authorized officer shall provide guidance to the pipeline 
project proponent as to:
    (1) Routing constraints which exist because of current land status 
as reflected in land use plans and land status records;
    (2) Necessary information to be included in applications for right-
of-way grants or temporary use permits;
    (3) Qualifications required of applicants; and
    (4) Identification of on-the-ground investigations which will 
require temporary use permits.
    (c) No right-of-way applications processing work, other than that 
incurred in the processing of applications for permits for temporary use 
of public lands in furtherance of the filing of an application and 
preapplication guidance under paragraph (b) of this section, shall be 
undertaken by the authorized officer prior to the filing of an 
application together with an advance payment as required by Sec. 2883.1-
1 of this title. Such processing work includes, but is not limited to, 
special studies such as environmental analyses, environmental impact 
statements, engineering surveys, resource inventories and detailed land 
use or record analyses.
    (d) No activities, other than casual use, such as, but not limited 
to, vehicle use on existing roads, sampling, marking of routes, 
searching, or other similar activities that do not disturb the

[[Page 310]]

surface of the lands or require the removal of vegetation, shall be 
conducted on Federal lands prior to the issuance of a right-of-way grant 
or a temporary use permit.
[44 FR 58129, Oct. 9, 1979, as amended at 47 FR 38807, Sept. 2, 1982; 50 
FR 1309, Jan. 10, 1985; 51 FR 31765, Sept. 5, 1986]



Sec. 2882.2  Requirements for applications for right-of-way grants and temporary use permits.



Sec. 2882.2-1  Applicant qualifications.

    (a) An applicant for a right-of-way grant or temporary use permit 
shall be a citizen of the United States, an association of such 
citizens, a corporation organized under the laws of the United States, 
or of any State thereof, or a State or local government. Aliens may not 
acquire or hold any direct or indirect interest in rights-of-way, right-
of-way grants or temporary use permits, except that they may own or 
control stock in corporations holding rights-of-way, right-of-way grants 
or temporary use permits if the laws of their country do not deny 
similar or like privileges to citizens of the United States.
    (b) Each application by a partnership, corporation, association, or 
other business entity shall disclose the identity of the participants in 
the entity and shall include where applicable:
    (1) The name, address, and citizenship of each participant (partner, 
associate or other);
    (2) Where the applicant is a corporation, the name, address, and 
citizenship of each shareholder owning 3-percent or more of each class 
of shares, together with the number and percentage of any class of 
voting shares of the entity which each shareholder is authorized to 
vote; and
    (3) The name and address of each affiliate controlled by, or that 
controls, the entity, either directly or indirectly. Where an affiliate 
is controlled by the entity, the application shall disclose the number 
of shares and the percentage of each class of voting stock of that 
affiliate owned, directly or indirectly, by the entity. If an affiliate 
controls the entity, the number of shares and the percentage of each 
class of voting stock of the entity owned, directly or indirectly, by 
the affiliate shall be included.
    (c) Applications filed with Federal agencies, such as the Federal 
Energy Regulatory Commission, to obtain a license, certificate or other 
authority for a project involving a right-of-way over, upon, under or 
through Federal lands for an oil and gas pipeline shall be 
simultaneously filed with the Bureau of Land Management in accordance 
with the provisions of Sec. 2882.2-3 of this title.
[44 FR 58129, Oct. 9, 1979, as amended at 47 FR 12571, Mar. 23, 1982]



Sec. 2882.2-2  Application filing.

    (a) Where the Federal lands involved are under the jurisdiction of 
the Bureau of Land Management, Department of the Interior, application 
for a right-of-way grant or temporary use permit or for a renewal of 
either shall be filed with either the Area Manager, the District Manager 
or the State Director of a Bureau of Land Management office having 
jurisdiction over the Federal lands involved.
    (b) Where the Federal lands involved are under the jurisdiction of 
two or more agencies of the Department of the Interior, or where the 
Federal lands involved are under the jurisdiction of one or more 
agencies of the Department of the Interior and one or more other Federal 
agencies, or where the Federal lands involved are under the jurisdiction 
of two or more non-Interior agencies, the initial application for a 
right-of-way grant or temporary use permit may be filed at the most 
convenient State Office of the Bureau of Land Management, at locations 
listed in Sec. 1821.2-1 of this title or at the nearest Bureau of Land 
Management Office that has jurisdiction over a portion of the Federal 
lands involved. The Director, Bureau of Land Management will, upon 
notice of the application by field officials, assign a lead official and 
notify the applicant where all future communications concerning the 
project should be directed. All applications for temporary use permits 
that are filed subsequent to the filing of an application for a right-
of-way grant shall be filed with the lead official. Applications for 
renewal of a right-of-way grant or temporary use permit shall be filed 
with the lead official.

[[Page 311]]

    (c) Where the Federal lands involved are under the jurisdiction of 
but one Federal agency, including bureaus and agencies within the 
Department of the Interior other than the Bureau of Land Management, 
applications for a right-of-way grant or temporary use permit or renewal 
of either shall be directed to that agency.
[44 FR 58129, Oct. 9, 1979, as amended at 45 FR 34887, May 23, 1980; 47 
FR 12571, Mar. 23, 1982]



Sec. 2882.2-3  Application content.

    (a) Applications for right-of-way grants and temporary use permits 
shall be filed on a form approved by the Director. The application form 
shall contain instructions for completion of the form and shall require 
the following information:
    (1) The name and address of the applicant and the applicant's agent, 
if appropriate;
    (2) A description of the applicant's proposal;
    (3) A map, USGS quadrangle, aerial photo or equivalent, showing the 
approximate location of the proposed right-of-way and facilities on 
public lands and existing improvements adjacent to the proposal, shall 
be attached to the application. Only the existing adjacent improvements 
which the proposal may directly affect need be shown on the map;
    (4) A statement of the applicant's technical and financial 
capability to construct, operate, maintain and terminate the proposals;
    (5) Certification by the applicant that he/she is of legal age, 
authorized to do business in the State and that the information 
submitted is correct to the best of the applicant's knowledge; and
    (6) Disclose, to the extent applicable, the applicant's citizenship 
and the partnership, corporation, association and other business entity 
information required by Sec. 2882.2-1 of this title.
    (b) The applicant may submit additional information to assist the 
authorized officer in processing the application. Such information may 
include, but is not limited to, the following:
    (1) Federal or State approvals required for the proposal;
    (2) A description of the alternative route(s) and mode(s) considered 
by the applicant when developing the proposal;
    (3) Copies of or reference to similar applications or grants the 
applicant has submitted or holds;
    (4) A statement of need and economic feasibility or other proposal; 
and
    (5) A statement of the environmental, social and economic effects of 
the proposal.
[47 FR 12571, Mar. 23, 1982]



Sec. 2882.3  Application processing.

    (a) The Secretary shall notify the House Committee on Interior and 
Insular Affairs and the Senate Committee on Energy and Natural Resources 
promptly upon receipt of an application for a right-of-way grant for a 
pipeline 24 inches or more in diameter and no right-of-way grant for 
such a pipeline shall be issued until 60 days (not counting days on 
which the House of Representatives or the Senate has adjourned for more 
than 3 days) after a notice of intention to issue the right-of-way 
grant, together with the authorized officer's detailed findings as to 
terms and conditions he proposes to impose, has been submitted to such 
committees, unless each committee by resolution waives the waiting 
period.
    (b) Upon receipt of an application for a right-of-way grant, the 
authorized officer shall publish a notice of the application in the 
Federal Register and an announcement in a newspaper or newpapers having 
general circulation in the vicinity of the Federal lands affected, or, 
if in the opinion of the authorized officer, the pipeline impacts are of 
a minor nature, the notice of application may be waived or published 
only in a newspaper having general circulation in the area or areas in 
the vicinity of the affected Federal lands. The notice shall contain a 
description of the pipeline systems as required in Sec. 2882.2-3(a) (2) 
and (3) of this title, together with such other information as the 
authorized officer considers pertinent. The notice shall state where the 
application and related documents are available for interested persons 
to review. Copies of the notice shall be sent to the Governor of each 
State within which the pipeline system may be located, the head of each 
local government or jurisdiction within which the

[[Page 312]]

pipeline system may be located, and each agency head, for review and 
comment.
    (c) Where an application for a right-of-way grant or temporary use 
permit is incomplete or not in conformity with the Act or these 
regulations, the authorized officer may reject the application or notify 
the applicant of the deficiencies and afford the applicant an 
opportunity to file corrections. Where deficiency notices have not been 
adequately complied with, the authorized officer may reject the 
application or notify the applicant of the continuing deficiencies and 
afford the applicant an opportunity to file corrections.
    (d) The authorized officer may require the applicant for a right-of-
way grant or temporary use permit to submit such additional information 
as he deems necessary for review of the application.
    (e) An application for a right-of-way grant or temporary use permit 
which meets the requirements of the Act and of these regulations 
entitles the applicant only to full review of the application. Such 
application may be denied if the authorized officer determines that the 
right-of-way or use applied for would be inconsistent with the purpose 
to which the Federal lands involved have been committed, or would 
otherwise not be in the public interest.
    (f) The authorized officer shall hold public meetings or hearings on 
an application for a right-of-way grant or temporary use permit if he 
determines that such hearings or meetings are appropriate and sufficient 
public interest exists to warrant the time and expense of such meetings 
or hearings. Notice of any such meetings or hearings shall be published 
in the Federal Register and in local newspapers.
    (g) If the application involves a right-of-way through Federal lands 
under the jurisdiction of two or more Federal agencies, the authorized 
officer shall refer the application to the agency heads for consultation 
and other appropriate actions.
    (h) The authorized officer shall consult with other agencies as to 
any additional information which should be required from the applicant, 
conditions or stipulations which should be imposed, and whether the 
right-of-way grant or temporary use permit should be issued.
    (i) No right-of-way grant or temporary use permit over Federal lands 
under the jurisdiction of two or more Federal agencies and not within 
the jurisdiction of the agency by which the authorized officer is 
employed shall be issued or renewed by the authorized officer without 
the concurrence of the head of the agency administering such Federal 
lands or his authorized representative.
    (j) Where the surface of the Federal lands involved is administered 
by the Secretary or by two or more Federal agencies, the Secretary may, 
after consultation with the non-Interior agencies involved, grant or 
renew a right-of-way or temporary use permit through the Federal lands 
involved, with or without the concurrence of the heads of the agencies 
administering such Federal lands. A right-of-way through a Federal 
reservation shall not be granted if the Secretary determines that it 
would be inconsistent with the purposes of the reservation.
    (k) A right-of-way grant or temporary use permit need not conform to 
the applicant's proposal, but may contain such modifications, terms, 
stipulations or conditions including changes in route or site location 
as the authorized officer considers appropriate.
    (l) No right-of-way grant or temporary use permit shall be 
considered as being in effect until the applicant has accepted its 
terms, in writing. Written acceptance shall constitute an agreement 
between an applicant and the United States that, in consideration of the 
right to use Federal lands, the applicant shall abide by all terms and 
conditions contained therein and the provisions of applicable laws and 
regulations.
    (m) At the discretion of the authorized officer, a provision may be 
placed in a right-of-way grant or temporary use permit requiring that no 
construction or use shall occur until a detailed construction, 
operation, rehabilitation and environmental protection plan has

[[Page 313]]

been submitted to the authorized officer and a notice to proceed has 
been issued. This requirement may be imposed for all or any part of the 
right-of-way.
[44 FR 58129, Oct. 9, 1979, as amended at 47 FR 12571, Mar. 23, 1982]



Sec. 2882.4  Interagency agreements.

    The authorized officer may enter into interagency cooperative 
agreements with the other Federal agencies having jurisdiction over the 
Federal lands involved in right-of-way grants or temporary use permits 
applied for and issued under this part.



             Subpart 2883--Administration of Rights Granted



Sec. 2883.1  General requirements.



Sec. 2883.1-1  Cost reimbursement.

    (a) (1) An applicant for a right-of-way grant or a temporary use 
permit shall reimburse the United States for administrative and other 
costs incurred by the United States in processing the application, 
including the preparation of reports and statements pursuant to the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), prior 
to the United States having incurred such costs. All costs shall be paid 
before the right-of-way grant or temporary use permit shall be issued 
under the regulations of this title.
    (2) The regulations contained in this subpart do not apply to State 
or local governments or agencies or instrumentalities thereof where the 
Federal lands are used for governmental purposes and such lands and 
resources continue to serve the general public, except as to right-of-
way grants or temporary use permits issued to State or local governments 
or agencies or instrumentalities thereof or a municipal utility or 
cooperative whose principal source of revenue is derived from charges 
levied on customers for services rendered that are similar to services 
rendered by a profit making corporation or business enterprise.
    (3) The applicant shall submit with each application a nonrefundable 
application processing fee in the amount required by a schedule of fees 
for this purpose contained in paragraph (c) of this section which shall 
be based on a review of the use of the Federal lands for which the 
application is made, the resources affected and the complexity and costs 
to the United States for processing required by an application for a 
right-of-way grant and shall be established according to the following 
general categories:
    (i) Category I. An application for a right-of-way grant or temporary 
use permit to authorize a use of Federal lands for which the data 
necessary to comply with the National Environmental Policy Act are 
available in the office of the authorized officer; and no field 
examination of the lands affected by the application is required;
    (ii) Category II. An application for a right-of-way grant or 
temporary use permit to authorize a use of Federal lands for which the 
data necessary to comply with the National Environmental Policy Act are 
available in the office of the authorized officer; and one field 
examination of the lands affected by the application to verify the 
existing data is required;
    (iii) Category III. An application for a right-of-way grant or 
temporary use permit to authorize a use of Federal lands for which the 
data necessary to comply with the National Environmental Policy Act are 
available in the office of the authorized officer; and two field 
examinations of the lands affected by the application to verify the data 
are required;
    (iv) Category IV. An application for a right-of-way grant or 
temporary use permit to authorize a use of Federal lands for which some 
original data are required to be gathered to comply with the National 
Environmental Policy Act; and two or three field examinations of the 
lands affected by the application are required;
    (v) Category V. An application for a right-of-way grant or temporary 
use permit to authorize a use of Federal lands for which original data 
are required to be gathered to comply with the National Environmental 
Policy Act and evaluation of these data require formation of an 
interdisciplinary team; and three or more field examinations of the 
lands affected by the application are required;
    (vi) Category VI. An application for a right-of-way grant or 
temporary use

[[Page 314]]

permit to authorize a use of Federal lands for which the cost of 
processing activities will be in excess of $5,000.
    (4)(i) The authorized officer may accept an application for the 
purpose of determining the appropriate category and the nonrefundable 
application processing fee; however, the authorized officer shall 
collect the full amount of the nonrefundable application processing fee 
prior to processing such application. A record of the authorized 
officer's category determination shall be made and given to the 
applicant, and the decision is a final decision for purposes of appeal 
under Sec. 2884.1 of this title. Notwithstanding the pendency of such 
appeal, an application shall not be processed without payment of the fee 
determined by the authorized officer, and where such payment is made, 
the application may be processed and, if proper, the grant or permit 
issued. The authorized officer shall make any refund directed by the 
appeal decision. Where the amount of the nonrefundable application 
processing fee submitted by an applicant exceeds the amount of such fee 
as determined by the authorized officer, the authorized officer shall 
refund any excess unless requested in writing by the applicant to apply 
all or part of any such refund to the grant monitoring fee required by 
paragraph (b) of this section or to the rental payment for such grant or 
permit.
    (ii) During the processing of an application, the authorized officer 
may change a category determination to place an application in Category 
VI at any time that it is determined that the application requires 
preparation of an environmental impact statement. A record of change in 
category determination under this paragraph shall be made, and the 
decision is appealable in the same manner as an original category 
determination made under paragraph (a)(4)(i) of this section.
    (5) (i) An applicant whose application is determined to be in 
Category VI shall, in addition to the nonrefundable application 
processing fee, reimburse the United States for the full actual 
administrative and other costs of processing the application. The 
nonrefundable application processing fee required under the fee schedule 
shall be credited toward the total cost reimbursement obligation of such 
applicant. When such an application is filed, the authorized officer 
shall estimate the costs expected to be incurred in processing the 
application, inform the applicant of the estimated amount to be 
reimbursed and require the applicant to make periodic payments of such 
estimated reimbursable costs prior to such costs being incurred by the 
United States.
    (ii) If the payments required by paragraph (a)(5)(i) of this section 
exceed the actual costs to the United States, the authorized officer may 
adjust the next billing to reflect the overpayment, or make a refund 
from applicable funds under the authority of 43 U.S.C. 1734. An 
applicant may not set off or otherwise deduct any debt due to it or any 
sum claimed to be owed it by the United States without the prior written 
approval of the authorized officer.
    (iii) Prior to issuance of a right-of-way grant or temporary use 
permit, an applicant subject to paragraph (a)(5)(i) of this section 
shall pay such additional amounts as are necessary to reimburse the 
United States for any costs which exceed the payments required by 
paragraph (a)(5)(i) of this section.
    (iv) An applicant subject to paragraph (a)(5)(i) of this section 
whose application is denied is responsible for costs incurred by the 
United States in processing the application, and such amounts as have 
not been paid in accordance with paragraph (a)(5)(i) of this section are 
due within 30 days of receipt of a bill from the authorized officer 
giving the amount due.
    (v) An applicant subject to paragraph (a)(5)(i) of this section who 
withdraws an application before a decision is reached is responsible for 
costs incurred by the United States in processing the application up to 
the date the authorized officer receives written notice of the 
withdrawal, and for costs subsequently incurred in terminating the 
application review process. Such amounts as have not been paid in 
accordance with paragraph (a)(5)(i) of this section are due within 30 
days of receipt of a bill from the authorized officer giving the amount 
due.
    (6) When 2 or more applications for right-of-way grants are filed 
which the

[[Page 315]]

authorized officer determines to be in competition with each other, each 
applicant shall reimburse the United States as required by paragraph 
(a)(3) of this section. If reimbursement of actual costs is required 
under paragraph (a)(5)(i) of this section, each applicant shall be 
responsible for the costs identifiable with his/her application. Costs 
that are not readily identifiable with one of the applications, such as 
costs for portions of an environmental impact statement that relate to 
all of the applications generally, shall be paid by each of the 
applicants in equal shares or such other proration as may be agreed to 
in writing by the applicants and authorized officer prior to the United 
States incurring such costs.
    (7) When, through partnership joint venture or other business 
arrangement, more than one person partnership, corporation, association 
or other entity apply together for a right-of-way grant or temporary use 
permit, each such applicant shall be jointly are severally liable for 
costs under this section.
    (8) When 2 or more noncompeting applications for right-of-way grants 
are received for what, in the judgment of the authorized officer, is one 
right-of-way system, all of the applicants shall be jointly and 
severally liable for costs under this section for the entire system, 
subject, however, to the provisions of paragraph (a)(7) of this section.
    (b) (1) After issuance of a right-of-way grant or temporary use 
permit for which a fee was assessed under paragraph (a) of this section, 
the holder thereof shall, prior to the United States having incurred 
such costs, reimburse the United States for costs incurred by the United 
States in monitoring the construction, operation, maintenance and 
termination of authorized facilities on the right-of-way or permit area, 
and for protection and rehabilitation of the lands involved. The 
monitoring cost category shall be the same as that for the application 
processing category for that project.
    (2) The holder shall submit a monitoring cost fee along with the 
written acceptance of the terms and conditions of the grant or permit 
pursuant to Sec. 2882.3(l) of this title. The amount of the required fee 
shall be determined by the schedule of fees described in paragraph (c) 
of this section. Acceptance of the terms and conditions of the grant or 
permit shall not be effective unless the required fee is paid.
    (3) A holder whose application was determined to be in Category VI 
for application processing purposes shall reimburse the United States 
for the actual administrative costs and other costs of monitoring the 
grant or permit. When such a grant or permit is issued, the authorized 
officer shall estimate the costs expected to be incurred in monitoring 
the grant or permit, inform the holder of the estimated amount to be 
reimbursed and require the holder to make periodic payment of such 
estimated reimburseable costs prior to such costs being incurred by the 
United States.
    (4) If the payments required by paragraph (b)(3) of this section 
exceed the actual costs of the United States, the authorized officer may 
adjust the next billing to reflect the overpayment, or make a refund 
from applicable funds under the authority of 43 U.S.C. 1734. A holder 
may not set off or otherwise deduct any debt due to it or any sum 
claimed to be owed it by the United States without the prior written 
approval of the authorized officer.
    (5) Following termination of a right-of-way grant or temporary use 
permit, any grantee or permittee that was determined to be in Category 
VI shall pay such additional amounts as are necessary to reimburse the 
United States for any costs which exceed the payments required by 
paragraph (b)(3) of this section.
    (c) The schedules of nonrefundable fees are as follows:
    (1) For processing an application for a right-of-way and/or 
temporary use permit:

                                                                        
------------------------------------------------------------------------
                           Category                                Fee  
------------------------------------------------------------------------
I.............................................................      $125
II............................................................       275
III...........................................................       350
IV............................................................       600
V.............................................................     1,000
VI............................................................  \1\ 5,00
                                                                       0
------------------------------------------------------------------------
\1\ A minimum of--.                                                     

    (2) For monitoring a right-of-way grant or temporary use permit:

                                                                        
------------------------------------------------------------------------
                           Category                                Fee  
------------------------------------------------------------------------
I.............................................................       $25

[[Page 316]]

                                                                        
II............................................................        50
III...........................................................        75
IV............................................................       150
V.............................................................       250
VI............................................................    (\1\ )
------------------------------------------------------------------------
\1\ As required.                                                        

    (d) Reimbursement of costs for application processing and 
administration of right-of-way grants and temporary use permits 
pertaining to the Trans-Alaska Pipeline System shall be made by payment 
of such sums as the Secretary determines to be required to reimburse the 
Department of the Interior for the actual costs of these services. In 
processing applications and administering right-of-way grants and 
temporary use permits relating to the Trans-Alaska Pipeline System, the 
Department of the Interior shall avoid unnecessary employment of 
personnel and needless expenditure of funds as determined by the 
Secretary. Reimbursement of costs shall be made for each quarter ending 
on the last day of March, June, September and December. On or before the 
16th day after the close of each quarter, the authorized officer shall 
submit to the permittee a written statement of costs incurred during 
that quarter which are reimbursable.
[50 FR 1309, Jan. 10, 1985 and 51 FR 31765, Sept. 5, 1986]



Sec. 2883.1-2  Rental payments.

    Holders of right-of-way grants and temporary use permits issued 
under this part shall make rental payments in accordance with 
Sec. 2803.1-2 of this title, except that the provisions of Sec. 2803.1-
2(b) of this title shall not apply.
[47 FR 38807, Sept. 2, 1982, as amended at 52 FR 25821, July 8, 1987]



Sec. 2883.1-3  Bonding.

    The authorized officer may require a holder of a right-of-way grant 
or temporary use permit to furnish a bond, or other security 
satisfactory to him, to secure all or any of the obligations imposed by 
the right-of-way grant and temporary use permits and applicable laws and 
regulations.



Sec. 2883.1-4  Liability.

    (a) Except as provided in paragraph (f) of this section holders 
shall be fully liable to the United States for any damage or injury 
incurred by the United States in connection with the use and occupancy 
of the right-of-way or permit area.
    (b) Except as provided in paragraph (f) of this section, holders 
shall be held to a standard of strict liability for any activity within 
a right-of-way or permit area which the authorized officer determines, 
in his discretion, presents a foreseeable hazard or risk of damage or 
injury to the United States. The activities and facilities to which such 
standard shall apply shall be specified in the right-of-way grant or 
temporary use permit. Strict liability shall not be imposed for damage 
or injury resulting primarily from an act of war or the negligence of 
the United States. To the extent consistent with other laws, strict 
liability shall extend to costs incurred by the United States for 
control and abatement of conditions, such as fire or oil spills, which 
threaten lives, property or the environment, regardless of whether the 
threat occurs on areas that are under Federal jurisdiction. Stipulations 
in right-of-way grants and temporary use permits imposing strict 
liability shall specify a maximum limitation on damages which, in the 
judgment of the authorized officer, is commensurate with the foreseeable 
risks or hazards presented. The maximum limitation shall not exceed 
$1,000,000 for any one event, and any liability in excess of such amount 
shall be determined by the ordinary rules of negligence of the 
jurisdiction in which the damage or injury occurred.
    (c) In any case where strict liability is imposed and the damage or 
injury was caused by a third party, the rules of subrogation shall apply 
in accordance with the law of the jurisdiction in which the damage or 
injury occurred.
    (d) Except as provided in paragraph (f) of this section, holders 
shall be fully liable for injuries or damages to third parties resulting 
from activities or facilities on lands under Federal jurisdiction, in 
accordance with the law of the jurisdiction in which the damage or 
injury occurred.

[[Page 317]]

    (e) Except as provided in paragraph (f) of this section, holders 
shall fully indemnify or hold harmless the United States for liability, 
damage or claims arising in connection with the use and occupancy of 
right-of-way or permit areas.
    (f) If a holder is a State or local government, or agency or 
instrumentality thereof, it shall be liable to the fullest extent its 
laws allow at the time it is granted a right-of-way grant or temporary 
use permit. To the extent such a holder does not have the power to 
assume liability, it shall be required to repair damage or make 
restitution to the fullest extent of its powers at the time of any 
damage or injury.
    (g) All owners of any interest in, and all affiliates or 
subsidiaries of any holder of a right-of-way grant or temporary use 
permit, except for corporate stockholders, shall be jointly and 
severally liable to the United States in the event that a claim cannot 
be satisfied by a holder.
    (h) Except as otherwise expressly provided in this section, the 
provisions in this section for a remedy is not intended to limit or 
exclude any other remedy.
    (i) If the right-of-way grant or temporary use permit is issued to 
more than one holder, they shall be jointly and severally liable under 
this section.



Sec. 2883.1-5  Common carriers.

    (a) Pipelines shall be constructed, operated, and maintained as 
common carriers. The owners or operators of pipelines shall accept, 
convey, transport, or purchase without discrimination all oil or gas 
delivered to the pipeline without regard to whether such oil or gas was 
produced on Federal or non-Federal lands. In the case of oil or gas 
produced from Federal lands or from the resources on the Federal lands 
in the vicinity of the pipeline, the Secretary may, after a full hearing 
with due notice thereof to interested parties and a proper finding of 
facts, determine the proportionate amounts to be accepted, conveyed, 
transported, or purchased.
    (b) The common carrier provisions of this section shall not apply to 
any natural gas pipeline operated by any person subject to regulation 
under the Natural Gas Act or by any public utility subject to regulation 
by a State or municipal regulatory agency having jurisdiction to 
regulate the rates and charges for the sale of natural gas to consumers 
within the State or municipality. Where natural gas not subject to State 
regulatory or conservation laws governing its purchase by pipeline 
companies is offered for sale, each pipeline company shall purchase, 
without discrimination, any such natural gas produced in the vicinity of 
the pipeline.
    (c) The authorized officer shall require, prior to issuing or 
renewing a right-of-way grant, that the applicant submit and disclose 
all plans, contracts, agreements, or other information or material which 
the authorized officer considers necessary to determine whether a right-
of-way grant shall be issued or renewed and the terms and conditions 
which should be included in the grant. Such information may include, but 
is not limited to:
    (1) Conditions for, and agreements among, owners or operators 
regarding the addition of pumping facilities, looping, or otherwise 
increasing the pipeline or terminal's throughput capacity in response to 
actual or anticipated increases in demand;
    (2) Conditions for adding or abandoning intake, offtake, or storage 
points or facilities; and
    (3) Minimum shipment or purchase tenders.



Sec. 2883.1-6  Export.

    With certain exceptions, domestically produced crude oil transported 
through a pipeline is subject to the provisions of section 28(u) of the 
Mineral Leasing Act of 1920 as amended (30 U.S.C. 185), and the Export 
Administration Act of 1969 as amended (50 U.S.C. 2401), and may not be 
exported without Presidential and congressional approval.



Sec. 2883.2  Holder activity.

    (a) The actions of holders of right-of-way grants or temporary use 
permits shall be regulated by the appropriate agency head having 
jurisdiction over the Federal lands involved, unless other arrangements 
are agreed to by the authorized officer and agency head.

[[Page 318]]

    (b) An applicant shall promptly notify the authorized officer of any 
changes in its plans, financial condition, or other factors relevant to 
the application, and shall modify the application promptly to reflect 
any such changes. If the requirements of this subsection are not 
complied with in the opinion of the authorized officer, the application 
may be rejected.
    (c) The holder shall at all times keep the authorized officer 
informed of his or her address, and in the case of a corporation, of the 
address of its principle place of business and the names and addresses 
of its principle officers.
    (d) Any proposed change in the route of the pipeline or change in 
the use of Federal lands under the Act will require an amended or new 
right-of-way grant or temporary use permit from the authorized officer. 
Any unauthorized activity may be subject to prosecution under applicable 
laws.
    (e) Holders of pipeline right-of-way grants issued before November 
16, 1973, must apply under the Act and these regulations for 
modifications of the route or change in the use of Federal lands in 
connection with such right-of-way.
    (f) The authorized officer may ratify or confirm a right-of-way 
grant or temporary use permit that was issued under any provision of law 
if the right-of-way grant or temporary use permit is modified to comply 
with the provisions of the Act and regulations. Such modifications are 
subject to the joint approval of the right-of-way holder and the 
authorized officer.



Sec. 2883.3  Construction procedures.

    (a) Unless otherwise stated in the right-of-way grant or temporary 
use permit, construction may proceed immediately after delivery to the 
authorized officer of the applicant's written acceptance of the right-
of-way grant or temporary use permit.
    (b) If a notice to proceed requirement has been imposed under 
Sec. 2882.3(m) of this title, the holder shall initiate no construction, 
occupancy, or use until the authorized officer issues an appropriate 
notice to proceed.



Sec. 2883.4  Operation and maintenance.

    Prior to the beginning of pipeline operations, the holder shall 
submit to the authorized officer a certification of construction, 
verifying that the pipeline system has been constructed and tested in 
accordance with the terms of the right-of-way grant, and in compliance 
with any required plans and specifications, and applicable Federal and 
State laws and regulations.



Sec. 2883.5  Immediate temporary suspension of activities.

    (a) If the authorized officer determines that any activity being 
conducted or authorized by a holder within a right-of-way or temporary 
use permit area is endangering public health or safety or the 
environment, he may order the immediate suspension of that activity and 
immediate remedial action.
    (b) The authorized officer may order immediate suspension of an 
activity irrespective of any action that has been or is being taken by 
another Federal agency or a State agency.
    (c) The authorized officer may give an immediate suspension order 
orally or in writing at the site of the activity to the holder or a 
contractor or subcontractor of the holder, or to any representative, 
agent, employee, or contractor of any of them, and the suspended 
activity shall cease at that time. As soon as practicable, the 
authorized officer shall confirm the order by a written notice to the 
holder addressed to the holder or the holder's designated agent.
    (d) An order of temporary suspension of activities shall remain 
effective until the authorized officer issues an order permitting 
resumption of activities.
    (e) Any time after an order of suspension has been issued, the 
holder may file with the authorized officer a request for permission to 
resume. The request shall be in writing and shall contain a statement of 
the facts supporting the request.
    (f) The authorized officer may render an order to either grant or 
deny the request to resume 5 working days of the date the request is 
filed. If the authorized officer does not render an order on the request 
within 5 working days, the

[[Page 319]]

request shall be considered denied, and the holder shall have the same 
right to appeal the denial as if an order denying the request had been 
issued.



Sec. 2883.6  Suspension and termination of right-of-way grants and temporary use permits.

    If the right-of-way grant or temporary use permit provides by its 
terms that it shall terminate on the occurrence of a fixed or agreed-
upon condition or event, the right-of-way grant or temporary use permit 
shall thereupon automatically terminate by operation of law, unless some 
other procedure is specified in the right-of-way grant or temporary use 
permit.



Sec. 2883.6-1  Suspension and termination of right-of-way grants.

    (a) The authorized officer may institute procedures for suspension 
or termination of a right-of-way grant if it is determined that:
    (1) The holder has failed to comply with any term, condition, or 
stipulation of the right-of-way grant or applicable laws or regulations.
    (b) The holder has deliberately failed to use the right-of-way for 
the purpose for which it was granted or renewed for a continuous 2-year 
period.
    (c) Where the authorized officer determines that a situation under 
Sec. 2883.6 or Sec. 2883.6-1 of this title exists in connection with a 
right-of-way grant, he or she shall give written notice to the holder, 
and refer the matter to the Office of Hearings and Appeals for a hearing 
before an Administrative Law Judge pursuant to 43 CFR part 4. The 
authorized officer shall suspend or terminate the right-of-way grant if 
the Administrative Law Judge determines that grounds for suspension or 
termination exists and that such action is justified.
[44 FR 58129, Oct. 9, 1979, as amended at 47 FR 38807, Sept. 2, 1982]



Sec. 2883.6-2  Suspension and termination of temporary permits.

    (a) The authorized officer may institute procedures for suspension 
or termination of a temporary use permit if it is determined that:
    (1) The holder has failed to comply with any term, condition or 
stipulation of the permit or applicable laws or regulations; or
    (2) The holder has deliberately failed to use the temporary use 
permit area for the purpose for which it was issued or renewed;
    (b) Where the authorized officer determines that a situation under 
Sec. 2883.6 of this subpart or this section exists, he or she shall give 
written notice to the holder. The holder may file a written request for 
review of the notice to the next higher level of authority. The 
reviewing official shall, within 10 days of or receipt of such a 
request, arrange for a review of the activities that prompted the 
suspension or termination notice. The reviewing official shall, within a 
reasonable time, affirm, modify or cancel the notice and shall provide 
the holder with a written determination.
    (c) A holder may appeal a decision issued under paragraph (b) of 
this section pursuant to 43 CFR part 4.



Sec. 2883.7  Change in Federal jurisdiction or disposal of lands.

    (a) Where a right-of-way grant or temporary use permit administered 
under these regulations traverses Federal lands that are transferred to 
another Federal agency, administration of the right-of-way shall, at the 
discretion of the authorized officer, be assigned to the acquiring 
agency unless such assignment would diminish the rights of the holder.
    (b) Where a right-of-way grant or temporary use permit traverses 
Federal lands that are transferred out of Federal ownership, the 
transfer of the lands shall, at the discretion of the authorized 
officer, either include an assignment of the right-of-way, or be made 
subject to the right-of-way or the United States may reserve unto itself 
the lands encumbered by the right-of-way.
[47 FR 38807, Sept. 2, 1982]



Sec. 2883.8  Restoration of Federal lands.

    Within a reasonable time after termination, revocation or 
cancellation of a right-of-way grant, the holder shall, unless directed 
otherwise in writing by the authorized officer, remove such

[[Page 320]]

structures and improvements and restore the site to a condition 
satisfactory to the authorized officer. If the holder fails to remove 
all such structures and improvements within a reasonable period, as 
determined by the authorized officer, they shall become the property of 
the United States, but the holder shall remain liable for the cost of 
removal of the structures and improvements and for restoration of the 
site.
[47 FR 38807, Sept. 2, 1982]



                          Subpart 2884--Appeals



Sec. 2884.1  Appeals procedure.

    (a) All appeals under this part from any final decision of the 
authorized officer shall be taken in accordance with part 4 of 43 CFR to 
the Office of the Secretary, Board of Land Appeals.
    (b) All decisions of the authorized officer under this part shall 
remain effective pending appeal unless the Secretary rules otherwise. 
Petitions for the stay of a decision shall be filed with the Office of 
Hearing and Appeals, Department of the Interior.
[44 FR 58129, Oct. 9, 1979, as amended at 53 FR 17702, May 18, 1988]



                     Subparts 2885-2886  [Reserved]



            Subpart 2887--Over Lands Subject to Mineral Lease



Sec. 2887.0-3  Authority.

    Section 29 of the Act of February 25, 1920, as amended (30 U.S.C. 
186), provides in part that any permit, lease, occupation or use 
permitted under that Act shall reserve to the Secretary of the Interior 
the right to permit upon such terms as he may determine to be just, for 
joint or several use, such easements or rights-of-way, including 
easements in tunnels upon, through or in the lands leased, occupied or 
used as may be necessary or appropriate to the working of the same, or 
of other lands containing the deposits described in this Act, and the 
treatment and shipment of the products thereof by or under authority of 
the Government, its lessees or permittees, and for other public 
purposes. Application for such easements or rights-of-way shall be filed 
in accordance with applicable laws and regulations.



                   Group 2900--Use; Leases and Permits



PART 2910--LEASES--Table of Contents




                          Subpart 2911--Airport

Sec.
2911.0-1  Purpose.
2911.0-3  Authority.
2911.0-5  Definitions.
2911.0-8  Lands available for leasing.
2911.1  Terms and conditions.
2911.2  Procedures.
2911.2-1  Preapplication activity.
2911.2-2  Applications.
2911.2-3  Report by Administrator; Notice of Realty Action.
2911.2-4  Execution of lease.

            Subpart 2912--Recreation and Public Purposes Act

2912.0-7  Cross reference.
2912.1  Nature of interest.
2912.1-1  Terms and conditions of lease.
2912.2  Renewal of leases.
2912.3  Substitution of a new lease.

                      Subpart 2916--Alaska Fur Farm

2916.0-3  Authority.
2916.0-6  Policy.
2916.0-8  Area subject to lease.
2916.1  Terms and conditions.
2916.1-1  Commencement of operations; stocking lands.
2916.1-2  Rights reserved; protection of improvements and roads.
2916.2  Procedures.
2916.2-1  Applications.
2916.2-2  Assignments and subleases.
2916.2-3  Renewal of leases.
2916.2-4  Termination of lease; cancellation.

    Authority:  49 U.S.C. App., 211-213, 43 U.S.C. 869 et seq. 48 U.S.C 
360, 361, unless otherwise noted.



                          Subpart 2911--Airport

    Authority:  49 U.S.C. 211; 43 U.S.C. 1701 et seq.

    Source:  51 FR 40809, Nov. 10, 1986, unless otherwise noted.



Sec. 2911.0-1  Purpose.

    This subpart sets forth procedures for issuance of airport leases on 
the public lands.

[[Page 321]]



Sec. 2911.0-3  Authority.

    The Act of May 24, 1928, as amended (49 U.S.C. Appendix, 211-213), 
authorizes the Secretary of the Interior to lease for use as a public 
airport, any contiguous unreserved and unappropriated public lands not 
to exceed 2,560 acres in area.



Sec. 2911.0-5  Definitions.

    As used in this subpart, the term:
    (a) Act means the Act of May 24, 1928, as amended (49 U.S.C. 
Appendix, 211-213).
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (c) Administrator means the Administrator of the Federal Aviation 
Administration.
    (d) Applicant means any individual who is a citizen of the United 
States; a group or association of citizens of the United States; any 
corporation, organized under the laws of the United States or of any 
State, authorized to conduct business in the State in which the land 
involved is located; or a State or political subdivisions or 
instrumentality thereof, including counties and municipalities; who 
submits an application for an airport lease under this subpart.
    (e) Public airport means an airport open to use by all persons 
without prior permission of the airport lessee or operator, and without 
restrictions within the physical capacities of its available facilities.



Sec. 2911.0-8  Lands available for leasing.

    Any contiguous unreserved and unappropriated public lands, surveyed 
or unsurveyed, not exceeding 2,560 acres in area, may be leased under 
the provisions of the Act, subject to valid existing rights under the 
public land laws.



Sec. 2911.1  Terms and conditions.

    (a) The lessee shall, within 1 year from the date of issuance of the 
lease, equip the airport as required by the Administrator and file a 
report thereof in the Bureau of Land Management District office having 
jurisdiction over the lands under lease.
    (b) At any time during the term of the lease, the Administrator may 
have an inspection made of the airport, and if the the airport does not 
comply with the ratings set by the Federal Aviation Administration, the 
Administrator shall submit a written statement describing the 
deficiencies to the Bureau of Land Management District office having 
jurisdiction over the lands under lease for appropriate action.
    (c) The authorized officer may cancel, in whole or in part, a lease 
issued under the Act for any of the following reasons: Lessee failure to 
use the leased premises or any part thereof for a period of at least 6 
months; use of the property or any part thereof for a purpose other than 
the authorized use; failure to pay the annual rental in full on or 
before the date due; failure to maintain the premises according to the 
ratings set by the Federal Aviation Administration; failure to comply 
with the regulations in this part or the terms of the lease.
    (d) Leases under the Act shall be for a period not to exceed 20 
years and may be renewed for like periods.
    (e) Annual rental for leases to any citizen of the United States, 
any group or association of citizens, or any corporation organized under 
the laws of the United States or any State shall be at appraised fair 
market rental, with a minimum annual rental payment of $100. State or 
political subdivisions thereof, including counties and municipalities, 
shall pay to the lessor an annual rental calculated at the appraised 
fair market value of the rental of the property less 50%, with a minimum 
annual rental payment of $100. In fixing the rentals, consideration 
shall be given to all pertinent facts and circumstances, including use 
of the airport by government departments and agencies. Rental of each 
lease shall be reconsidered and revised at 5-year intervals to reflect 
current appraised fair market value. The first annual rental payment 
shall be made prior to issuance of the lease. All subsequent payments 
shall be paid on or before the anniversary date of issuance of the 
lease.
    (f) The lessee shall agree that all departments and agencies of the 
United States operating aircraft shall have free and unrestricted use of 
the airport

[[Page 322]]

and, with the approval of the authorized officer, such departments or 
agencies shall have the right to erect and install therein such 
structures and improvements as are deemed advisable by the heads of such 
departments and agencies. Whenever the President may deem it necessary 
for military purposes, the Secretary of the Army may assume full control 
of the airport.
    (g) The lessee shall submit to the Administrator for approval 
regulations governing operations of the airport.



Sec. 2911.2  Procedures.



Sec. 2911.2-1  Preapplication activity.

    Persons seeking to lease public lands under this subpart shall first 
consult with the authorized officer in the District or Resource Area 
Office in which the lands are located. Such consultation is necessary to 
determine land availability and conformity of proposed use with approved 
land use plans, explain associated statutory and regulatory 
requirements, familiarize the potential applicant with respective 
management responsibilities, set forth the application processing 
procedures for the proposed action, and identify potential conflicts. 
Upon completion of the consultation, persons seeking to lease public 
lands for a public airport may submit an application for consideration 
by the authorized officer.



Sec. 2911.2-2  Applications.

    (a) Each application shall clearly describe the lands applied for by 
legal subdivisions and/or by metes and bounds and contain a plan of 
development and use signed by the applicant or by a duly authorized 
agent or officer of the applicant. When required by the authorized 
officer, the application shall include copies of the appropriate State, 
county, or municipal airport licenses or permits, as well as such 
additional States and local clearances as may be required.
    (b) Each application shall be accompanied by a non-refundable filing 
fee of $100. Each applicant shall also be required to pay the cost of 
publication of a Notice of Reality Action in the Federal Register and a 
newspaper of general circulation in the area in which the lands are 
located.
    (c) If approval of an application results in cancellation of a 
grazing permit of lease or a reduction in grazing acreage, the 
provisions of Sec. 4110.4-2 of this title shall apply.



Sec. 2911.2-3  Report by Administrator; Notice of Realty Action.

    (a) Upon receipt of the application, the authorized officer shall 
send 1 copy to the Administrator for a determination concerning what 
fuel facilities, lights, and other furnishings are necessary to meet the 
rating set by that agency. After receiving the report of the 
Administrator, and before making a determination to issue a lease, the 
authorized officer shall publish a Notice of Realty Action in the 
Federal Register and in a newspaper of general circulation in the area 
of the lands to be leased. The notice shall provide 45 days from the 
date of publication in the Federal Register for comments by the public. 
Comments shall be sent to the office issuing the notice. The notice 
shall not be published until the authorized officer has received the 
filing fee from the applicant and is satisfied that all statutory and 
regulatory requirements have been met.
    (b) The notice of realty action may segregate the lands or interests 
in lands to be conveyed to the extent that they will not be subject to 
appropriation under the public land laws, including the mining laws. The 
segregative effect of the notice of realty action shall terminate either 
upon issuance of a document of conveyance or 1 year from the date of 
publication in the Federal Register, whichever occurs first.
[51 FR 40809, Nov. 10, 1986; 51 FR 45986, Dec. 23, 1986]



Sec. 2911.2-4  Execution of lease.

    Upon receipt of the payments required by Sec. 2911.2-2(b) of this 
title and not less than 45 days following the publications required by 
Sec. 2911.2-4 of this title, the authorized officer shall make a 
decision on the application and, if the application is approved, issue 
the lease.
[51 FR 40809, Nov. 10, 1986; 51 FR 45986, Dec. 23, 1986]

[[Page 323]]



            Subpart 2912--Recreation and Public Purposes Act

    Authority:  Recreation and Public Purposes Act, as amended (43 
U.S.C. 869, et seq.).

    Source:  44 FR 43473, July 25, 1979, unless otherwise noted.



Sec. 2912.0-7  Cross reference.

    The general requirements and procedures under the Recreation and 
Public Purposes Act are contained in part 2740 of this title.



Sec. 2912.1  Nature of interest.



Sec. 2912.1-1  Terms and conditions of lease.

    (a) The term of leases under the Recreation and Public Purposes Act, 
hereafter referred to as the Act, shall be fixed by the authorized 
officer but shall not exceed 20 years for nonprofit associations and 
nonprofit corporations, and 25 years for Federal, State, and local 
governmental entities. A lease may contain, at the discretion of the 
authorized officer, a provision giving the lessee the privilege of 
renewing the lease for a like period.
    (b) Leases shall be issued on a form approved by the Director, 
Bureau of Land Management and shall contain terms and conditions 
required by law, and public policy, and which the authorized officer 
considers necessary for the proper development of the land, for the 
protection of Federal property, and for the protection of the public 
interest.
    (c) Leases shall be terminable by the authorized officer upon 
failure of the lessee to comply with the terms of the lease, upon a 
finding, after notice and opportunity for hearing, that all or part of 
the land is being devoted to a use other than the use authorized by the 
lease, or upon a finding that the land has not been used by the lessee 
for the purpose specified in the lease for any consecutive period 
specified by the authorized officer. The specified period of non-use or 
unauthorized use shall not be less than 2 years nor more than 5 years.
    (d) Reasonable annual rentals shall be established by the Secretary 
of the Interior and shall be payable in advance. Upon notification of 
the amount of the yearly rental, a lease applicant shall be required to 
pay at least the first year's rental before the lease shall be issued. 
Upon the voluntary relinquishment of a lease before the expiration of 
its term, any rental paid for the unexpired portion of the term shall be 
returned to the lessee upon a proper application for repayment to the 
extent that the amount paid covers a full lease year or years of the 
remainder of the term of the original lease. Leases for recreational or 
historic-monument purposes to a State, county or other State or Federal 
instrumentality or political subdivision shall be issued without 
monetary consideration.
    (e) Leases are not transferable except with the consent of the 
authorized officer. Transferees shall have all the qualifications of 
applicants under the Act and shall be subject to all the terms and 
conditions of the regulations in this part.
    (f) A lessee shall not be permitted to cut timber from the leased 
lands without prior permission from the authorized officer.
    (g) All leases shall reserve to the United States all minerals 
together with the right to mine and remove the same under applicable 
laws and regulations to be established by the Secretary of the Interior.



Sec. 2912.2  Renewal of leases.

    A lessee with a privilege of renewal must notify the authorized 
officer at least 180 days before the end of the lease period that it 
will exercise the privilege.



Sec. 2912.3  Substitution of a new lease.

    A lessee may apply for a new lease at any time. Applications for new 
leases shall be accompanied by consent of the lessee to cancellation of 
the existing lease upon the issuance of the new lease and by three 
copies of a statement showing (a) the need for a new lease and (b) any 
changes in the use or management of the lands or the terms and 
conditions of the lease which the applicant desires.



                      Subpart 2916--Alaska Fur Farm

    Source:  35 FR 9665, June 13, 1970, unless otherwise noted.

[[Page 324]]



Sec. 2916.0-3  Authority.

    The Act of July 3, 1926 (44 Stat. 821, 48 U.S.C. secs. 360, 361), 
authorizes the Secretary of the Interior to lease public lands on the 
mainland of or islands in Alaska, with the exception of the Pribilof 
Islands, for fur farming, for periods not exceeding ten years.



Sec. 2916.0-6  Policy.

    (a) The authority to lease the public lands in Alaska for fur-
farming purposes was granted in order to promote the development of the 
production of furs in Alaska.
    (b) No lease for the purpose of raising beavers will be granted on 
any area already occupied by a beaver colony nor will any such lease be 
granted on streams or lakes where the activities of beavers may 
interfere with the run or spawning of salmon.
    (c) In order to offer more people an opportunity to lease lands, and 
to avoid tying up large areas of land unnecessarily, fur-farming leases 
on public lands will not be granted for areas greater than are justified 
by the needs and experience of the applicant.



Sec. 2916.0-8  Area subject to lease.

    (a) Acreage limitation and exceptions. (1) On the mainland such 
leases may be for an area not exceeding 640 acres. A lease may cover an 
entire island, provided the area thereof does not exceed 30 square 
miles, and provided the need for such entire island is clearly 
established. Islands so close together that animals can cross from one 
to the other and whose combined area does not exceed 30 square miles, 
will be treated as one island. Islands having an area of more than 30 
square miles will be treated as mainland.
    (2) Where a lease is granted for an area in excess of 640 acres on 
an island, the manager may, after notice to the lessee, reduce the area 
to an amount not less than 640 acres, if he determines that the lessee 
cannot reasonably use all of the area for which the lease was granted.
    (b) Lands subject to lease. (1) Vacant, unreserved, and 
unappropriated public lands are subject to lease.
    (2) Except for lands under the jurisdiction of the Fish and Wildlife 
Service and the National Park Service, public lands withdrawn or 
reserved for any purpose are subject to lease, if the department or 
agency having jurisdiction thereof consents to the issuance of the 
lease.



Sec. 2916.1  Terms and conditions.



Sec. 2916.1-1  Commencement of operations; stocking lands.

    The lessee shall, within one year from the date of issuance of the 
lease, commence operations by taking possession of the leased area, and 
by placing thereon within that period such improvements as may be needed 
for such operations and as will show good faith, and shall thereafter 
develop the fur-farming enterprise on the leased area with reasonable 
diligence. The lessee shall stock the leased area with the minimum of 
fur-bearing animals required by the lease within the periods specified 
in the lease.



Sec. 2916.1-2  Rights reserved; protection of improvements and roads.

    Nothing in this part or any lease issued under this part shall 
interfere with or prevent:
    (a) The prospecting, locating, development, entering, leasing, or 
patenting of mineral resources in the leased area under laws applicable 
thereto.
    (b) The use and disposal of timber or other resources on or in the 
leased area under applicable laws.
    (c) The use and occupation of parts of leased areas for the taking, 
preparing, manufacturing, or storing of fish or fish products, or the 
utilization of the lands for purposes of trade or business, to the 
extent and in the manner provided by law, and as authorized by the State 
Director.
    (d) The acquisition or granting of rights-of-way or easements under 
applicable laws and regulations.
    (e) Hunting and fishing under applicable Federal and State hunting 
and fishing laws and regulations, but the authorized officer may 
prohibit or restrict, or he may authorize the lessee to prohibit or 
restrict hunting or fishing on such parts of the leased area and for 
such periods as he may determine to be necessary in order to prevent any 
substantial interference with the purposes for which the lease is 
issued.

[[Page 325]]



Sec. 2916.2  Procedures.



Sec. 2916.2-1  Applications.

    (a) Qualifications of applicants. Any person who is a citizen of the 
United States, or any group or association composed of such persons, or 
any corporation organized under the laws of the United States, or of any 
State thereof, authorized to conduct business in Alaska may file an 
application.
    (b) Contents of application. An application for lease should be 
filed in duplicate in the proper office. No specific form of application 
is required, but the application should contain or be accompanied by the 
following:
    (1) Applicant's full name, post office address, the general nature 
of his present business, and the principal place of business.
    (2)(i) A statement of the age and of the citizenship status, whether 
native-born or naturalized, of the applicant, if an individual, or of 
each partner or member of a partnership or association. A copartnership 
or an association applicant shall file a copy of whatever written 
articles of association its members have executed.
    (ii) A corporation shall file a certified copy of its articles of 
incorporation, evidence that it is authorized to transact business in 
Alaska, and a copy of the corporate minutes or resolutions authorizing 
the filing of the application and the execution of the lease.
    (3) Description of the land for which the lease is desired, by legal 
subdivision, section, township, and range, if surveyed, and by metes and 
bounds, with the approximate area, if unsurveyed. The metes and bounds 
description should be connected by course and distance with some corner 
of the public-land surveys, if practicable, or with reference to rivers, 
creeks, mountains, towns, islands, or other prominent topographical 
points or natural objects or monuments.
    (4) A statement as to the applicant's experience in and knowledge of 
fur farming.
    (5) A statement as to the kind of fur-bearing animals to be raised, 
and, if foxes, the color type; the number of fur-bearing animals the 
applicant proposes to have on the leased land within one year from the 
date of the lease, and whether it is proposed to purchase or trap the 
stock; and that before commencing operations of any lease which may be 
issued, the applicant will procure from the appropriate State game 
agency whatever licenses are required under Alaska law.
    (6) A detailed statement of the reasons for the need for any area in 
excess of 640 acres but not exceeding 30 square miles, when the land 
applied for is comprised of an island, or islands.
    (7) A statement of the nature and results of the investigation made 
by applicant as to whether the land and climate are suited to raising 
the kind of animals proposed to be stocked.
    (8) A statement as to whether the land is occupied, claimed, or used 
by natives of Alaska or others; and, if so the nature of the use and 
occupancy and the improvements thereon, if any.
    (9) If beavers are to be raised, a statement as to whether a beaver 
colony exists on the land, and whether salmon streams or lakes are on or 
adjacent to the land proposed to be leased.
    (10) A statement that the applicant is acting solely on his own 
account and not under any agreement or understanding with another.
    (11) The serial numbers of all other applications filed or leases 
obtained under this act by applicant, or applicant's spouse or business 
associate, or in which applicant has a direct or indirect interest.
    (12) The showing as to hot or medicinal springs required by 
Sec. 2311.2(a) of this chapter.
    (13) All applications must be accompanied by an application service 
fee of $10 which will not be returnable.
    (c) Form of lease; rental and royalty; report of annual operations. 
(1) Leases will be issued on a form approved by the Director.
    (2) Prior to the issuance of a lease and annually thereafter, the 
lessee shall pay an advance rental of $5 per annum if the lease embraces 
10 acres or less, a rental of $25 per annum if the leased area is more 
than 10 acres but not more than 640 acres, and a rental of $50 per annum 
if the leased area exceeds 640 acres.
    (3) Within 60 days after the end of each lease year the lessee shall 
file with the land office a report on a form

[[Page 326]]

approved by the Director, in duplicate, showing his operations under the 
lease and his gross receipts thereunder from the sale of live animals 
and pelts for the preceding lease year. The lessee shall pay, at the 
time of filing the report, a royalty of 1 percent of such gross receipts 
deducting therefrom the amount of the advance rental payment made for 
such preceding lease year.



Sec. 2916.2-2  Assignments and subleases.

    A proposed assignment on a lease, in whole or in part, or a 
sublease, must be filed in duplicate with the proper office within 90 
days from the date of its execution; must contain all of the terms and 
conditions agreed upon by the parties thereto; and must be supported by 
a statement that the assignee or sublessee agrees to be bound by the 
provisions of the lease. The assignee or sublessee must submit with the 
assignment or sublease the information or statements required by 
Sec. 2916.2-1(b) (1), (2), (4), (5), (10), and (11). No assignment or 
sublease will be recognized unless and until approved by the authorizing 
officer.


(Sec. 2, 44 Stat. 822; 48 U.S.C. 361)



Sec. 2916.2-3  Renewal of leases.

    Upon an application filed in the proper office within 90 days 
preceding the expiration date of the lease, if it is determined that a 
renewal lease should be granted, the lessee will be offered such lease 
by the authorized officer, upon such terms and conditions and for such 
duration as may be fixed, not exceeding 10 years. The filing of an 
application for renewal does not confer on the lessee any preference 
right to a renewal. The timely filing of an application will, however 
authorize the exclusive fur-farming use of the lands by the lessee in 
accordance with the terms of the prior lease pending final action on the 
renewal application.



Sec. 2916.2-4  Termination of lease; cancellation.

    (a) Action by authorized officer. (1) The authorized officer may 
terminate a lease at the request of the lessee if the lessee shall make 
satisfactory showing that such termination will not adversely affect the 
public interest and that he has paid all charges due the Government 
thereunder.
    (2) A lease may be canceled if the lessee shall fail to comply with 
any of the provisions of this part or of the lease, or shall devote the 
lease area primarily to any purpose other than the rearing of fur-
bearing animals as authorized. No lease will be canceled until the 
lessee has been formally notified of such default and such default shall 
continue for 60 days after service of such notice.
    (b) Removal of improvements and personal property. (1) Improvements 
or personal property may not be removed from the lands, except fur-
bearing animals disposed of in the regular course of business, unless 
all moneys due the United States under the lease have been paid. The 
lessee shall be allowed 90 days from the date of expiration or 
termination of the lease within which to remove his personal property 
and such improvements as are not disposed of in the manner set forth in 
paragraph (b)(2) of this section, which he has a right to remove; if not 
removed or otherwise disposed of within the said period, such 
improvements or personal property shall become the property of the 
United States.
    (2) Upon the expiration of the lease or the earlier termination 
thereof, the authorizing officer may, in his discretion and upon a 
written petition filed by the lessee within 30 days from the date of 
such expiration or termination, require the subsequent lease applicant, 
prior to the execution of a new lease, to agree to compensate the lessee 
for any improvements of a permanent nature that he may have placed upon 
the leased area for fur-farming purposes during the period of the lease. 
If the interested parties are unable to reach an agreement as to the 
amount of compensation, the amount shall be fixed by the authorizing 
officer. All such agreements to be effective, must be approved by the 
authorizing officer. The failure of the subsequent lessee to pay the 
former lessee in accordance with such agreement will be just cause for 
cancellation of the lease.

[[Page 327]]



PART 2920--LEASES, PERMITS AND EASEMENTS--Table of Contents




     Subpart 2920--Leases, Permits and Easements: General Provisions

Sec.
2920.0-1  Purpose.
2920.0-3  Authority.
2920.0-5  Definitions.
2920.0-6  Policy.
2920.0-9  Information collection.
2920.1  Uses.
2920.1-1  Authorized use.
2920.1-2  Unauthorized use.
2920.2  Procedures for public-initiated land use proposals.
2920.2-1  Discussion of proposals.
2920.2-2  Minimum impact permits.
2920.2-3  Other land use proposals.
2920.2-4  Proposal content.
2920.2-5  Proposal review.
2920.3  Bureau of Land Management initiated land use proposals.
2920.4  Notice of realty action.
2920.5  Application procedure.
2920.5-1  Filing of applications for land use authorizations.
2920.5-2  Application content.
2920.5-3  Application review.
2920.5-4  Competitive or non-competitive bids.
2920.5-5  Application processing.
2920.6  Reimbursement of costs.
2920.7  Terms and conditions.
2920.8  Fees.
2920.9  Supervision of the land use authorization.
2920.9-1  Construction phase.
2920.9-2  Operation and maintenance.
2920.9-3  Termination and suspension.

    Authority:  43 U.S.C. 1740.

    Source:  46 FR 5777, Jan. 19, 1981, unless otherwise noted.



     Subpart 2920--Leases, Permits and Easements: General Provisions



Sec. 2920.0-1  Purpose.

    The purpose of the regulations in this part is to establish 
procedures for the orderly and timely processing of proposals for non-
Federal use of the public lands. The procedural and informational 
requirements set by these regulations vary in relation to the nature of 
the anticipated use.



Sec. 2920.0-3  Authority.

    Sections 302, 303 and 310 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1732, 1733, 1740) authorize the Secretary of the 
Interior to issue regulations providing for the use, occupancy, and 
development of the public lands through leases, permits, and easements.
[52 FR 49115, Dec. 29, 1987]



Sec. 2920.0-5  Definitions.

    As used in this part, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (b) Easement means an authorization for a non-possessory, non-
exclusive interest in lands which specifies the rights of the holder and 
the obligation of the Bureau of Land Management to use and manage the 
lands in a manner consistent with the terms of the easement.
    (c) Lease means an authorization to possess and use public lands for 
a fixed period of time.
    (d) Permit means a short-term revocable authorization to use public 
lands for specified purposes.
    (e) Land use proposal means an informal statement, in writing, from 
any person to the authorized officer requesting consideration of a 
specified use of the public lands.
    (f) Land use plan means resource management plans or management 
framework plans prepared by the Bureau of Land Management pursuant to 
its land use planning system.
    (g) Public lands means lands or interests in lands administered by 
the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (h) Person means any person or entity legally capable of conveying 
and holding lands or interests therein, under the laws of the State 
within which the lands or interests therein are located, who is a 
citizen of the United States, or in the case of a corporation, is 
subject to the laws of any State or of the United States.
    (i) Proponent means any person who submits a land use proposal, 
either on his/her own initiative or in response to a notice for 
submission of such proposals.

[[Page 328]]

    (j) Applicant means any person who submits an application for a land 
use authorization under this part.
    (k) Casual use means any short term non-commercial activity which 
does not cause appreciable damage or disturbance to the public lands, 
their resources or improvements, and which is not prohibited by closure 
of the lands to such activities.
    (l) Land use authorization means any authorization to use the public 
lands issued under this part.
    (m) Knowing and willful means that a violation is knowingly and 
willfully committed if it constitutes the voluntary or conscious 
performance of an act which is prohibited or the voluntary or conscious 
failure to perform an act or duty that is required. The terms does not 
include performances or failures to perform which are honest mistakes or 
which are merely inadvertent. The term includes, but does not require, 
performances or failures to perform which result from a criminal or evil 
intent or from a specific intent to violate the law. The knowing or 
willful nature of conduct may be established by plain indifference to or 
reckless disregard of the requirements of law, regulations, orders, or 
terms of a lease. A consistent pattern of performance or failure to 
perform also may be sufficient to establish the knowing or willful 
nature of the conduct, where such consistent pattern is neither the 
result of honest mistake or mere inadvertency. Conduct which is 
otherwise regarded as being knowing or willful is rendered neither 
accidental nor mitigated in character by the belief that the conduct is 
reasonable or legal.
[46 FR 5777, Jan. 19, 1981, as amended at 52 FR 49115, Dec. 29, 1987]



Sec. 2920.0-6  Policy.

    (a) Land use authorizations shall be issued only at fair market 
value and only for those uses that conform with Bureau of Land 
Management plans, policy, objectives and resource management programs. 
Conformance with land use authorizations will be determined through the 
planning process and procedures provided in part 1600 of this title.
    (b) In determining the informational and procedural requirements, 
the authorized officer will consider the duration of the anticipated 
use, its impact on the public lands and resources and the investment 
required by the anticipated use.



Sec. 2920.0-9  Information collection.

    (a) The information collection requirements contained in Part 2920 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq., and assigned clearance number 1004-0009. The BLM 
will use the information in considering land use proposals and 
applications. You must respond to obtain a benefit under Section 302 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732).
    (b) Public reporting burden for this information is estimated to 
average 7.43 hours, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to the Information Collection Clearance Officer, Bureau of Land 
Management (DW-101), Building 50, Denver Federal Center, P.O. Box 25047, 
Denver, Colorado 80225, and to the Office of Management and Budget, 
Paperwork Reduction Project, 1004-0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]



Sec. 2920.1  Uses.



Sec. 2920.1-1  Authorized use.

    Any use not specifically authorized under other laws or regulations 
and not specifically forbidden by law may be authorized under this part. 
Uses which may be authorized include residential, agricultural, 
industrial, and commercial, and uses that cannot be authorized under 
title V of the Federal Land Policy and Management Act or section 28 of 
the Mineral Leasing Act. Land use authorizations shall be granted under 
the following categories:
    (a) Leases shall be used to authorize uses of public lands involving 
substantial construction, development, or land improvement and the 
investment of large amounts of capital which are to

[[Page 329]]

be amortized over time. A lease conveys a possessory interest and is 
revocable only in accordance with its terms and the provisions of 
Sec. 2920.9-3 of this title. Leases shall be issued for a term, 
determined by the authorized officer, that is consistent with the time 
required to amortize the capital investment.
    (b) Permits shall be used to authorize uses of public lands for not 
to exceed 3 years that involve either little or no land improvement, 
construction, or investment, or investment which can be amortized within 
the term of the permit. A permit conveys no possessory interest. The 
permit is renewable at the discretion of the authorized officer and may 
be revoked in accordance with its terms and the provisions of 
Sec. 2920.9-3 of this title. Permits shall be issued on a form approved 
by the Director, Bureau of Land Management, that has been filed by the 
applicant with the appropriate Bureau of Land Management office.
    (c) Easements may be used to assure that uses of public lands are 
compatible with non-Federal uses occurring on adjacent or nearby land. 
The term of the easement shall be determined by the authorized officer. 
An easement granted under this part may be issued only for purposes not 
authorized under title V of the Federal Land Policy and Management Act 
or section 28 of the Mineral Leasing Act.
    (d) No land use authorization is required under the regulations in 
this part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]



Sec. 2920.1-2  Unauthorized use.

    (a) Any use, occupancy, or development of the public lands, other 
than casual use as defined in Sec. 2920.0-5(k) of this title, without 
authorization under the procedures in Sec. 2920.1-1 of this title, shall 
be considered a trespass. Anyone determined by the authorized officer to 
be in trespass on the public lands shall be notified of such trespass 
and shall be liable to the United States for:
    (1) The administrative costs incurred by the United States as a 
consequence of such trespass; and
    (2) The fair market value rental of the lands for the current year 
and past years of trespass; and
    (3) Rehabilitating and stabilizing the lands that were the subject 
of such trespass, or if the person determined to be in trespass does not 
rehabilitate and stabilize the lands determined to be in trespass within 
the period set by the authorized officer in the notice, he/she shall be 
liable for the costs incurred by the United States in rehabilitating and 
stabilizing such lands.
    (b) In addition, the following penalties may be assessed by the 
authorized officer for a trespass not timely resolved under paragraph 
(a) of this section and where the trespass is determined to be:
    (1) Nonwillful, twice the fair market rental value which has accrued 
since the inception of the trespass, not to exceed a total of 6 years; 
or
    (2) Knowing and willful, three times the fair market rental value 
which has accrued since the inception of the trespass, not to exceed a 
total of 6 years.
    (c) For any person found to be in trespass on the public lands under 
this section, the authorized officer may take action under Sec. 2920.9-3 
of this title to terminate, revoke, or cancel any land use authorization 
issued to such person under this part.
    (d) Failure to satisfy the liability and penalty requirements 
imposed under this section for unauthorized use of the public lands may 
result in denial of:
    (1) A use authorization under this part; and
    (2) A request to purchase or exchange public lands filed under 
subparts 2711 and 2201 of this title.
    (e) Any person who knowingly and willfully violates the regulations 
in this part by using the public lands without the authorization 
required by this part, in addition to the civil penalties provided for 
in this part, may be subject to a fine of not more than $1,000 or 
imprisonment of not more than 12 months, or both under subpart 9262 of 
this title.
    (f) Any person adversely affected by a decision issued under this 
section, may appeal that decision under the provisions of part 4 of this 
title.
[52 FR 49115, Dec. 29, 1987]

[[Page 330]]



Sec. 2920.2  Procedures for public-initiated land use proposals.



Sec. 2920.2-1  Discussion of proposals.

    (a) Suggestions by land use proponent. Any person who seeks to use 
public lands may contact the Bureau of Land Management office having 
jurisdiction over the public lands in question and discuss the land use 
proposal. This contact should be made as early as possible so that 
administrative requirements and potential conflicts with other land uses 
can be identified.
    (b) Response by the authorized officer. The authorized officer will 
discuss with the land use proponent whether the requested land use, 
suitability or non-suitability of the requested land use based on a 
preliminary examination of existing land use plans, where available, is 
or is not in conformance with Bureau of Land Management policies and 
programs for the lands, local zoning ordinances and any other pertinent 
information. The authorized officer will discuss administrative 
requirements for the type of land use authorization which may be granted 
(lease, permit or easement), including, but not limited to: additional 
information which may be required; qualifications; cost reimbursement 
requirements; associated clearances, other permits or licenses which may 
be required; environmental and management considerations; and special 
requirements such as competitive bidding and identification of on-the-
ground investigations which may be required in order to issue a land use 
authorization.



Sec. 2920.2-2  Minimum impact permits.

    (a) The authorized officer may, without publication of a notice of 
realty action, issue a permit for a land use upon a determination that 
the proposed use is in conformance with Bureau of Land Management plans, 
policies and programs, local zoning ordinances and any other 
requirements and will not cause appreciable damage or disturbance to the 
public lands, their resources or improvements.
    (b) Permit decisions made under paragraph (a) of this section take 
effect immediately upon execution, and remain in effect during the 
period of time specified in the decision to issue the permit. Any person 
whose interest is adversely affected by a decision to grant or deny a 
permit under paragraph (a) of this section may appeal to the Board of 
Land Appeals under part 4 of this title. However, decisions and permits 
issued under paragraph (a) of this section will remain in effect until 
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61 FR 32354, June 24, 1996]



Sec. 2920.2-3  Other land use proposals.

    (a) A proposal for a land use authorization, including permits not 
covered by Sec. 2920.2-2 of this title, shall be submitted in writing to 
the Bureau of Land Management office having jurisdiction over the public 
lands covered by the proposal.
    (b) The submission of a proposal gives no right to use the public 
lands.



Sec. 2920.2-4  Proposal content.

    (a) Proposals for a land use authorization shall include a 
description of the proposed land use in sufficient detail to enable the 
authorized officer to evaluate the feasibility of the proposed land use, 
the impacts if any, on the environment, the public or other benefits 
from the proposed land use, the approximate cost of the proposal, any 
threat to the public health and safety posed by the proposal and whether 
the proposal is, in the proponent's opinion, in conformance with Bureau 
of Land Management plans, programs and policies for the public lands 
covered by the proposal. The description shall include, but not be 
limited to:
    (1) Details of the proposed uses and activities;
    (2) A description of all facilities for which authorization is 
sought, access needs and special types of easements that may be needed;
    (3) A map of sufficient scale to allow all of the required 
information to be legible and a legal description of primary and 
alternative project locations; and
    (4) A schedule for construction of any facilities.
    (b) The proposal shall include the name, legal mailing address and 
telephone number of the land use proponent.

[[Page 331]]



Sec. 2920.2-5  Proposal review.

    (a) A land use proposal shall, upon submission, be reviewed to 
determine if the public lands covered by the proposal are appropriate 
for the proposed land use and if the proposal is otherwise legal.
    (b) If the proposal is found to be appropriate for further 
consideration, the authorized officer shall examine the proposal and 
make one of the following determinations:
    (1) The proposed land use is in conformance with the appropriate 
land use plan and can be approved;
    (2) The proposed land use has not been addressed in an existing land 
use plan and shall be addressed in accordance with the procedure in part 
1600 of this title;
    (3) The proposed land use is in an area not covered in an existing 
land use plan and shall be processed in accordance with the procedure in 
Sec. 1601.8 of this title; or
    (4) The proposed land use is not in conformance with the approved 
land use plan. This determination may be appealed under 43 CFR 4.400 for 
review of the question of conformance with the land use plan.
    (c)(1) If a proposed land use does not meet the requirements of this 
subpart or is found not to be in conformance with the land use plan, the 
authorized officer shall so advise the proponent and shall provide a 
written explanation of the reasons the proposed use does not meet the 
requirements of this subpart and/or is not in conformance with an 
existing land use plan.
    (2) Where a proposed land use is determined not to be in conformance 
with an approved land use plan, with the land use plan, the authorized 
officer may consider the proposal for land use as an application to 
amend or revise the existing land use plan under part 1600 of this 
title.



Sec. 2920.3  Bureau of Land Management initiated land use proposals.

    Where, as a result of the land use planning process, the 
desirability of allowing use of the public lands or providing increased 
service to the public from such use of the public lands is demonstrated, 
the authorized officer may identify a use for the public land and notify 
the public that proposals for utilizing the land through a lease, permit 
or easement will be considered.



Sec. 2920.4  Notice of realty action.

    (a) A notice of realty action indicating the availability of public 
lands for non-Federal uses through lease, permit or easement shall be 
issued, published and sent to parties of interest by the authorized 
officer, including, but not limited to, adjoining land owners and 
current or past land users, when a determination has been made that such 
public lands are available for a particular use either through the 
submission of a public initiated proposal or through the land use 
planning process.
    (b) The notice shall include the use proposed for the public lands 
and shall notify the public that applications for a lease, permit or 
easement shall be considered. The notice shall specify the form of 
negotiation, whether by competitive or non-competitive bidding, under 
which the land use authorization shall be issued. A notice of realty 
action is not a specific action implementing a resource management plan 
or amendment.
    (c) The notice of realty action shall be published once in the 
Federal Register and once a week for 3 weeks thereafter in a newspaper 
of general circulation in the vicinity of the public lands included in 
the land use proposal.
    (d) An application submitted before a notice of realty action is 
published shall not be processed and shall be returned to the person who 
submitted it. Return of an application shall not be subject to appeal or 
protest.



Sec. 2920.5  Application procedure.



Sec. 2920.5-1  Filing of applications for land use authorizations.

    (a) Only after publication of a notice of realty action shall an 
application for a land use authorization be filed with the Bureau of 
Land Management office having jurisdiction over the public lands covered 
by the application.
    (b) The filing of an application gives no right to use the public 
lands.



Sec. 2920.5-2  Application content.

    (a) Applications for land use authorizations shall include a 
reference to the

[[Page 332]]

notice of realty action under which the application is filed and a 
description of the proposed land use in sufficient detail to enable the 
authorized officer to evaluate the feasibility of the proposed land use, 
the impacts, if any, on the environment, the public or other benefits 
from the land use, the approximate cost of the proposed land use, any 
threat to the public health and safety posed by the proposed use and 
whether the proposed use is, in the opinion of the applicant, in 
conformance with the Bureau of Land Management plans, programs and 
policies for the public lands covered by the proposed use. The 
description shall include, but not be limited to:
    (1) Details of the proposed uses and activities;
    (2) A description of all facilities for which authorization is 
sought, access needs and special types of easements that may be needed;
    (3) A map of sufficient scale to allow all of the required 
information to be legible and a legal description of primary and 
alternative project locations; and
    (4) A schedule for construction of any facilities.
    (b) Additional information:
    (1) After review of the project description, the authorized officer 
may require the applicant(s) to fund or to perform additional studies or 
submit additional environmental data, or both, so as to enable the 
Bureau of Land Management to prepare an environmental analysis in 
accordance with section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and comply with the requirements 
of the National Historic Preservation Act of 1966 (16 U.S.C. 470); The 
Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et 
seq.); Executive Order 11593, ``Protection and Enhancement of the 
Cultural Environment'' of May 13, 1971 (36 FR 8921); ``Procedures for 
the Protection of Historic and Cultural Properties'' (36 CFR part 300); 
and other laws and regulations as applicable.
    (2) An application for the use of public lands may require 
additional private, State, local or other Federal agency licenses, 
permits, easements, certificates or other approval documents. The 
authorized officer may require the applicant to furnish such documents, 
or proof of application for such documents, as part of the application.
    (3) The authorized officer may require evidence that the applicant 
has, or prior to commencement of construction will have, the technical 
and financial capability to construct, operate, maintain and terminate 
the authorized land use.
    (c) The application shall include the name and legal mailing address 
of the applicant.
    (d) Business Associations. If the applicant is other than an 
individual, the application shall include the name and address of an 
agent authorized to receive notice of actions pertaining to the 
application.
    (e) Federal departments and agencies. Federal departments and 
agencies are not qualified to hold land use authorizations under this 
authority.
    (f) If any of the information required in this section has already 
been submitted as part of a land use proposal submitted under 
Sec. 2920.2 of this title, the application need only refer to that 
proposal by filing date, office and case number. The applicant shall 
certify that there have been no changes in any of the information.



Sec. 2920.5-3  Application review.

    Every application shall be reviewed to determine if it conforms to 
the notice of realty action. If the application does not meet the 
requirements of this subpart, the application may be denied, and the 
applicant shall be so advised in writing, with an explanation.



Sec. 2920.5-4  Competitive or non-competitive bids.

    (a) Competitive. Land use authorizations may be offered on a 
competitive basis if, in the judgment of the authorized officer, a 
competitive interest exists or if no equities, such as prior use of the 
lands, warrant non-competitive land use authorization. Land use 
authorizations shall be awarded on the basis of the public benefit to be 
provided, the financial and technical capability of the bidder to 
undertake the project and the bid offered. A bid at less than fair 
market value shall not be considered. Each bidder shall submit

[[Page 333]]

information required by the notice of realty action.
    (b) Non-competitive. Land use authorizations may be offered on a 
negotiated, non-competitive basis, when, in the judgement of the 
authorized officer equities, such as prior use of the lands, exist, no 
competitive interest exists or where competitive bidding would represent 
unfair competitive and economic disadvantage to the originator of the 
unique land use concept. The non-competitive bid shall not be for less 
than fair market value.



Sec. 2920.5-5  Application processing.

    (a) After review of applications filed, the authorized officer shall 
select one application for further processing in accordance with the 
notice of realty action. The authorized officer shall provide public 
notice of the selection of an applicant and notify the selected 
applicant, in writing, of the selection. All other applications shall be 
rejected and returned to the applicants.
    (b) The selected land use applicant shall submit any additional 
information that the authorized officer considers necessary to process 
the land use authorization.



Sec. 2920.6  Reimbursement of costs.

    (a) When two or more applications are submitted for a land use 
authorization, each applicant shall be liable for the identifiable costs 
of processing his (or her) application. Where the costs of processing 
two or more applications cannot be readily identified with particular 
applications, all applicants shall be liable for such costs, to be 
divided equally among them.
    (b) The selected land use applicant shall reimburse the United 
States for reasonable administrative and other costs incurred by the 
United States in processing a land use authorization application and in 
monitoring construction, operation, maintenance and rehabilitation of 
facilities authorized under this part, including preparation of reports 
and statements required by the National Environmental Policy Act of 1969 
(43 U.S.C. 4321 et seq.). The reimbursement of costs shall be in 
accordance with the provisions of Sec. 2803.1-1 of this title, except 
that any permit whose total rental is less than $250 shall be exempt 
from reimbursement of costs requirements.
    (c) The authorized officer may, before beginning any processing of a 
land use authorization application, require payment, as may be needed, 
to cover the estimated costs of processing the application. Before 
granting a land use authorization, the authorized officer shall assess 
and collect the actual costs of processing after furnishing the 
applicant with a statement of costs. This payment shall be determined in 
accordance with the provisions of Sec. 2803 of this title.
    (d) A selected applicant who withdraws, in writing, a land use 
application before a final decision is reached on the authorization is 
responsible for all costs incurred by the United States in processing 
the application up to the day that the authorized officer receives 
notice of the withdrawal and for costs subsequently incurred by the 
United States in terminating the proposed land use authorization 
process. Reimbursement of such costs shall be paid within 30 days of 
receipt of notice from the authorized officer of the amount due.
    (e) Advance payments based on a schedule of rates developed by the 
authorized officer, are required for monitoring of operations and 
maintenance during the term of the land use authorization, which amount 
shall be paid simultaneously with the rental payment required by 
Sec. 2920.8(a) of this title.
    (f) The selected applicant shall, before a land use authorization is 
issued, submit a payment based on a schedule of rates developed by the 
Director, Bureau of Land Management, for monitoring rehabilitation or 
restoration of the lands upon expiration of the land use authorization.
    (g) If payment, as required by paragraphs (b), (d) and (e) of this 
section, exceeds actual costs to the United States, refund may be made 
by the authorized officer from applicable funds under authority of 43 
U.S.C. 1734, or the authorized officer may adjust the next billing to 
reflect the overpayment. Neither an applicant nor a holder of land use 
authorization shall set off or otherwise deduct any debt due to or any 
sum claimed to be owed them by the United

[[Page 334]]

States without the prior written approval of the authorized officer.
    (h) The authorized officer shall, on request, give a selected 
applicant an estimate, based on the best available cost information, of 
the costs, which may be incurred by the United States in processing the 
proposed land use authorization. However, reimbursement shall not be 
limited to the estimate of the authorized officer if actual costs exceed 
the projected estimate.
    (i) When through partnership, joint venture or other business 
arrangement, more than one person, partnership, corporation, association 
or other entity jointly make application for a land use authorization, 
each such party shall be jointly and severally liable for the costs 
under this section.
    (j) Requests for modification of or addition to the land use 
authorization or reconstruction or relocation of any authorized 
facilities shall be treated as a new application for cost recovery 
purposes and are subject to the cost requirements of this section.



Sec. 2920.7  Terms and conditions.

    (a) In all land use authorizations the United States reserves the 
right to use the public lands or to authorize the use of the public 
lands by the general public in any way compatible or consistent with the 
authorized land use and such reservations shall be included as a part of 
all land use authorizations. Authorized representatives of the 
Department of the Interior, other Federal agencies and State and local 
law enforcement personnel shall at all times have the right to enter the 
premises on official business. Holders shall not close or otherwise 
obstruct the use of roads or trails commonly in public use.
    (b) Each land use authorization shall contain terms and conditions 
which shall:
    (1) Carry out the purposes of applicable law and regulations issued 
thereunder;
    (2) Minimize damage to scenic, cultural and aesthetic values, fish 
and wildlife habitat and otherwise protect the environment;
    (3) Require compliance with air and water quality standards 
established pursuant to applicable Federal or State law; and
    (4) Require compliance with State standards for public health and 
safety, environmental protection, siting, construction, operation and 
maintenance of, or for, such use if those standards are more stringent 
than applicable Federal standards.
    (c) Land use authorizations shall also contain such other terms and 
conditions as the authorized officer considers necessary to:
    (1) Protect Federal property and economic interests;
    (2) Manage efficiently the public lands which are subject to the use 
or adjacent to or occupied by such use;
    (3) Protect lives and property;
    (4) Protect the interests of individuals living in the general area 
of the use who rely on the fish, wildlife and other biotic resources of 
the area for subsistence purposes;
    (5) Require the use to be located in an area which shall cause least 
damage to the environment, taking into consideration feasibility and 
other relevant factors; and
    (6) Otherwise protect the public interest.
    (d) A holder shall be required to secure authorization under 
applicable law to pay in advance the fair market value, as determined by 
the authorized officer, of any mineral, vegetative materials (including 
timber) to be cut, removed, used or destroyed on public lands.
    (e) A holder shall not use the public lands for any purposes other 
than those specified in the land use authorization without the approval 
of the authorized officer.
    (f) Liability provisions:
    (1) Holders of a land use authorization and all owners of any 
interest in, and all affiliates or subsidiaries of any holder of a land 
use authorization issued under these regulations shall pay the United 
States the full value for all injuries or damage to public lands or 
other property of the United States caused by the holder or by its 
employees, agents or servants, or by a contractor, its employees, agents 
or servants, except holders shall be held to standards of strict 
liability where the Secretary of the Interior determines that the 
activities taking place on the

[[Page 335]]

area covered by the land use authorization present a foreseeable hazard 
or risk of danger to public lands or other property of the United 
States. Strict liability shall not be applied where such damages or 
injuries result from acts of war or negligence of the United States.
    (2) Holders of a land use authorization and all owners of any 
interest in, and affiliates or subsidiaries of any holder of a land use 
authorization issued under these regulations shall pay third parties the 
full value of all injuries or damage to life, person or property caused 
by the holder, its employees, agents or servants or by a contractor, its 
employees, agents or servants.
    (3) Holders of a land use authorization shall indemnify or hold 
harmless the United States against any liability for damages to life, 
person or property arising from the authorized occupancy or use of the 
public lands under the land use authorization. Where a land use 
authorization is issued to a State or local government or any agency or 
instrumentality thereof, which has no legal power to assume such 
liability with respect to damages caused by it to lands or property, 
such State or local government or agency in lieu thereof shall be 
required to repair all damages.
    (g) The authorized officer may require a bond or other security 
satisfactory to him/her to insure the fulfillment of the terms and 
conditions of the land use authorization.
    (h) Any land use authorization existing on the effective date of 
this regulation is not affected by this regulation and shall continue to 
be administered under the statutory authority under which it was issued. 
However, by filing a proposal for amendment or renewal, the holder of a 
land use authorization shall be considered to have agreed to convert the 
entire authorization to the current statutory authority and the 
regulations in effect at the time of approval of the amendment or 
renewal.
    (i) The holder of a land use authorization who has complied with the 
provisions thereof, shall, upon the filing of a request for renewal, be 
the preferred user for a new land use authorization provided that the 
public lands are not needed for another use. Renewal, if granted, shall 
be subject to new terms and conditions. If so specified in the terms of 
a permit, the permit may be automatically renewable upon payment of the 
annual rental unless the authorized officer notifies the permittee 
within 60 days of the expiration date of the permit that the permit 
shall not be renewed.
    (j) Land use authorizations may be transferred in whole or in part 
but only under the following conditions:
    (1) The transferee shall comply with the provisions of Sec. 2920.2-3 
of this title;
    (2) The authorized officer may modify the terms and conditions of 
the land use authorization and the transferee shall agree, in writing, 
to comply with and be bound by the terms and conditions of the 
authorization as modified; and
    (3) Transfers shall not take effect until approved by the authorized 
officer.
    (k) If public lands included in a lease or easement are to be 
disposed of, the conveyance shall be made subject to the lease or 
easement. Permits shall be revoked prior to disposal of the public 
lands.



Sec. 2920.8  Fees.

    (a) Rental. (1) Holders of a land use authorization shall pay 
annually or otherwise as determined by the authorized officer, in 
advance, a rental as determined by the authorized officer. The rental 
shall be based either upon the fair market value of the rights 
authorized in the land use authorization or as determined by competitive 
bidding. In no case shall the rental be less than fair market value.
    (2) Rental fees for leases and easements may be adjusted every 5 
years or earlier, as determined by the authorized officer, to reflect 
current fair market value.
    (3) The rental fees required by this section are payable when due, 
and a late charge of 1 percent per month of the unpaid amount or $15 per 
month, whichever is greater, shall be assessed if subsequent billings 
are required. Failure to pay the rental fee in a timely manner is cause 
for termination of the land use authorization.
    (b) Processing fee. Each request for renewal, transfer or assignment 
of a lease or easement shall be accompanied by a non-refundable 
processing fee of

[[Page 336]]

$25. The authorized officer may waive or reduce this fee for requests 
for permit renewals which can be processed with a minimal amount of 
work.



Sec. 2920.9  Supervision of the land use authorization.



Sec. 2920.9-1    Construction phase.

    (a) Unless otherwise stated in the land use authorization, 
construction may proceed immediately upon receipt and acceptance of the 
land use authorization by the selected applicant.
    (b) Where an authorization to use public lands provides that no 
construction shall occur until specific permission to begin construction 
is granted, no construction shall occur until an appropriate Notice to 
Proceed has been issued by the authorized officer, following the 
submission and approval of required plans or documents.
    (c) The authorized officer shall inspect and monitor construction as 
necessary, to assure compliance with approved plans and protection of 
the resources, the environment and the public health, safety and 
welfare.
    (d) The holder of a land use authorization may be required to 
designate a field representative who can accept and act on guidance and 
instructions from the authorized officer.
    (e) The holder of a land use authorization may be required to 
provide proof of construction to the approved plan and required 
standards. Thereafter, operation of the authorized facilities may begin.



Sec. 2920.9-2  Operation and maintenance.

    The authorized officer shall inspect and monitor the operation and 
maintenance of the land use authorization area, its facilities and 
improvements to assure compliance with the plan of management and 
protection of the resources, the environment and the public health, 
safety and welfare, and the holder of the land use authorization shall 
take corrective action as required by the authorized officer.



Sec. 2920.9-3  Termination and suspension.

    (a) Land use authorizations may be terminated under the following 
circumstances:
    (1) If a land use authorization provides by its terms that it shall 
terminate on the occurrence of a fixed or agreed-upon event, the land 
use authorization shall thereupon automatically terminate by operation 
of law upon the occurrence of such event.
    (2) Noncompliance with applicable law, regulations or terms and 
conditions of the land use authorization.
    (3) Failure of the holder to use the land use authorization for the 
purpose for which it was authorized. Failure to construct or nonuse for 
any continuous 2-year period shall constitute a presumption of 
abandonment and termination.
    (4) Mutual agreement that the land use authorization should be 
terminated.
    (5) Nonpayment of rent for 2 consecutive months, following notice of 
payment due.
    (6) So that the public lands covered by the permit can be disposed 
of or used for any other purpose.
    (b)(1) Upon determination that there is noncompliance with the terms 
and conditions of a land use authorization which adversely affects the 
public health, safety or welfare or the environment, the authorized 
officer shall issue an immediate temporary suspension.
    (2) The authorized officer may give an immediate temporary susension 
order orally or in writing at the site of the activity to the holder or 
a contractor or subcontractor of the holder, or to any representative, 
agent, employee or contractor of any of them, and the suspended activity 
shall cease at that time. As soon as practicable, the authorized officer 
shall confirm the order by a written notice to the holder addressed to 
the holder or the holder's designated agent. The authorized officer may 
also take such action considered necessary to require correction of such 
defects prior to an administrative proceeding.
    (3) The authorized officer may order immediate temporary suspension 
of an activity regardless of any action that has been or is being taken 
by another Federal agency or a State agency.
    (4) An order of temporary suspension of activities shall remain 
effective until the authorized officer issues an

[[Page 337]]

order permitting resumption of activities.
    (5) Any time after an order of suspension has been issued, the 
holder may file with the authorized officer a request for permission to 
resume. The request shall be in writing and shall contain a statement of 
the facts supporting the request.
    (6) The authorized officer may render an order to either grant or 
deny the request to resume within 5 working days of the date the request 
is filed. If the authorized officer does not render an order on the 
request within 5 working days, the request shall be considered denied, 
the holder shall have the same right to appeal the denial as if an order 
denying the request had been issued.
    (c) Process for termination or suspension other than temporary 
immediate suspension.
    (1) Prior to commencing any proceeding to suspend or terminate a 
land use authorization, the authorized officer shall give written notice 
to the holder of the legal grounds for such action and shall give the 
holder a reasonable time to correct any noncompliance.
    (2) After due notice of termination or suspension to the holder of a 
land use authorization, if noncompliance still exists after a reasonable 
time, the authorized officer shall give written notice to the holder and 
refer the matter to the Office of Hearings and Appeals for a hearing 
before an Administrative Law Judge pursuant to 43 CFR 4.420-4.439. The 
authorized officer shall suspend or revoke the land use authorization if 
the Administrative Law Judge determines that grounds for suspension or 
revocation exists and that such action is justified.
    (3) The authorized officer shall terminate a suspension order when 
the authorized officer determines that the violation causing such 
suspension has been rectified.
    (d) Upon termination, revocation or cancellation of a land use 
authorization, the holder shall remove all structures and improvements 
except those owned by the United States within 60 days of the notice of 
termination, revocation or cancellation and shall restore the site to 
its pre-use condition, unless otherwise agreed upon in writing or in the 
land use authorization. If the holder fails to remove all such 
structures or improvements within a reasonable period, they shall become 
the property of the United States, but that shall not relieve the holder 
of liability for the cost of their removal and restoration of the site.

[[Page 338]]





                SUBCHAPTER C--MINERALS MANAGEMENT (3000)





Group 3000--Minerals Management--Table of Contents




    Note:  The information collection requirements contained in part 
3000 have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 and assigned clearance number 1004-0145. The information is 
being collected to allow the authorized officer to determine if the 
applicant applying to engage in exploratory activity on the public lands 
is qualified to engage in that activity. This information will be used 
in making that determination. The obligation to respond is required to 
obtain a benefit.

[See 48 FR 33659, July 22, 1983, as amended at 53 FR 17375, May 16, 
1988]



PART 3000--MINERALS MANAGEMENT: GENERAL--Table of Contents




                          Subpart 3000--General

Sec.
3000.0-5  Definitions.
3000.1  Nondiscrimination.
3000.2  False statements.
3000.3  Unlawful interests.
3000.4  Appeals.
3000.5  Limitations on time to institute suit to contest a decision of 
          the Secretary.
3000.6  Filing of documents.
3000.7  Multiple development.
3000.8  Management of Federal minerals from reserved mineral estates.
3000.9  Enforcement.

    Authority:  Mineral Leasing Act of 1920, as amended and supplemented 
(30 U.S.C. 181 et seq), the Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands 
Conservation Act, as amended (16 U.S.C. 3101 et seq), the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq), the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.), the Act of May 21, 1930 (30 U.S.C. 301-306), the Omnibus Budget 
Reconciliation Act of 1981 (Pub. L. 97-35), the Independent Offices 
Appropriations Act of 1952 (31 U.S.C. 483a), the Department of the 
Interior Appropriations Act, Fiscal Year 1981 (42 U.S.C. 6508), and the 
Attorney General's Opinion of Apr. 2, 1941 (40 Op. Atty. Gen. 41).

    Source:  48 FR 33659, July 22, 1983, unless otherwise noted.



                          Subpart 3000--General



Sec. 3000.0-5  Definitions.

    As used in Groups 3000 and 3100 of this title, the term:
    (a) Gas means any fluid, either combustible or noncombustible, which 
is produced in a natural state from the earth and which maintains a 
gaseous or rarefied state at ordinary temperatures and pressure 
conditions.
    (b) Oil means all nongaseous hydrocarbon substances other than those 
substances leasable as coal, oil shale or gilsonite (including all vein-
type solid hydrocarbons).
    (c) Secretary means the Secretary of the Interior.
    (d) Director means the Director of the Bureau of Land Management.
    (e) Authorized officer means any employee of the Bureau of Land 
Management authorized to perform the duties described in Group 3000 and 
3100.
    (f) Proper BLM office means the Bureau of Land Management office 
having jurisdiction over the lands subject to the regulations in Groups 
3000 and 3100, except that all oil and gas lease offers, and assignments 
or transfers for lands in Alaska shall be filed in the Alaska State 
Office, Anchorage, Alaska.

(See Sec. 1821-2-1 of this title for office location and area of 
jurisdiction of Bureau of Land Management offices.)
    (g) Public domain lands means lands, including mineral estates, 
which never left the ownership of the United States, lands which were 
obtained by the United States in exchange for public domain lands, lands 
which have reverted to the ownership of the United States through the 
operation of the public land laws and other lands specifically 
identified by the Congress as part of the public domain.
    (h) Acquired lands means lands which the United States obtained by 
deed through purchase or gift, or through condemnation proceedings, 
including lands previously disposed of under the public land laws 
including the mining laws.

[[Page 339]]

    (i) Anniversary date means the same day and month in succeeding 
years as that on which the lease became effective.
    (j) Act means the Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.).
    (k) Party in interest means a party who is or will be vested with 
any interest under the lease as defined in paragraph (l) of this 
section. No one is a sole party in interest with respect to an 
application, offer, competitive bid or lease in which any other party 
has an interest;
    (l) Interest means ownership in a lease or prospective lease of all 
or a portion of the record title, working interest, operating rights, 
overriding royalty, payments out of production, carried interests, net 
profit share or similar instrument for participation in the benefit 
derived from a lease. An interest may be created by direct or indirect 
ownership, including options. Interest does not mean stock ownership, 
stockholding or stock control in an application, offer, competitive bid 
or lease, except for purposes of acreage limitations in Sec. 3101.2 of 
this title and qualifications of lessees in subpart 3102 of this title.
    (m) Surface managing agency means any Federal agency outside of the 
Department of the Interior with jurisdiction over the surface overlying 
federally-owned minerals.
    (n) Service means the Minerals Management Service.
    (o) Bureau means the Bureau of Land Management.
[48 FR 33659, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 17351, May 16, 1988; 53 FR 22835, June 17, 1988]



Sec. 3000.1  Nondiscrimination.

    Any person acquiring a lease under this chapter shall comply fully 
with the equal opportunity provisions of Executive Order 11246 of 
September 24, 1965, as amended, and the rules, regulations and relevant 
orders of the Secretary of Labor (41 CFR part 60 and 43 CFR part 17).



Sec. 3000.2  False statements.

    Under the provisions of 18 U.S.C. 1001, it is a crime punishable by 
5 years imprisonment or a fine of up to $10,000, or both, for any person 
knowingly and willfully to submit or cause to be submitted to any agency 
of the United States any false or fraudulent statement(s) as to any 
matter within the agency's jurisdiction.



Sec. 3000.3  Unlawful interests.

    No member of, or delegate to, Congress, or Resident Commissioner, 
and no employee of the Department of the Interior, except as provided in 
43 CFR part 20, shall be entitled to acquire or hold any Federal lease, 
or interest therein. (Officer, agent or employee of the Department--see 
43 CFR part 20; Member of Congress--see R.S. 3741; 41 U.S.C. 22; 18 
U.S.C. 431-433.)



Sec. 3000.4  Appeals.

    Except as provided in Secs. 3101.7-3(b), 3120.1-3, 3165.4, and 
3427.2 of this title, any party adversely affected by a decision of the 
authorized officer made pursuant to the provisions of Group 3000 or 
Group 3100 of this title shall have a right of appeal pursuant to part 4 
of this title.
[53 FR 22835, June 17, 1988]



Sec. 3000.5  Limitations on time to institute suit to contest a decision of the Secretary.

    No action contesting a decision of the Secretary involving any oil 
or gas lease, offer or application shall be maintained unless such 
action is commenced or taken within 90 days after the final decision of 
the Secretary relating to such matter.



Sec. 3000.6  Filing of documents.

    All necessary documents shall be filed in the proper BLM office. A 
document shall be considered filed when it is received in the proper BLM 
office during regular business hours (see Sec. 1821.2 of this title).



Sec. 3000.7  Multiple development.

    The granting of a permit or lease for the prospecting, development 
or production of deposits of any one mineral shall not preclude the 
issuance of other permits or leases for the same lands for deposits

[[Page 340]]

 of other minerals with suitable stipulations for simultaneous 
operation, nor the allowance of applicable entries, locations or 
selections of leased lands with a reservation of the mineral deposits to 
the United States.



Sec. 3000.8  Management of Federal minerals from reserved mineral estates.

    Where nonmineral public land disposal statutes provide that in 
conveyances of title all or certain minerals shall be reserved to the 
United States together with the right to prospect for, mine and remove 
the minerals under applicable law and regulations as the Secretary may 
prescribe, the lease or sale, and administration and management of the 
use of such minerals shall be accomplished under the regulations of 
Groups 3000 and 3100 of this title. Such mineral estates include, but 
are not limited to, those that have been or will be reserved under the 
authorities of the Small Tract Act of June 1, 1938, as amended (43 
U.S.C. 682(b)) and the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.).
[53 FR 17351, May 16, 1988]



Sec. 3000.9  Enforcement.

    Provisions of section 41 of the Act shall be enforced by the United 
States Department of Justice.
[53 FR 22835, June 17, 1988]



                     Group 3100--Oil and Gas Leasing

    Note: The information collection requirements contained in parts 
3100, 3110, 3120, 3130, 3140, 3150, and 3160 have been approved by the 
Office of Management and Budget under 44 U.S.C. 3507 and assigned 
clearance numbers 1004-0034, 1004-0065, 1004-0067, 1004-0074, 1004-0132, 
1004-0134, 1004-0135, 1004-0136, 1004-0137, 1004-0138, and 1004-0145. 
The information is being collected to allow the authorized officer to 
determine if an applicant to lease, explore for or develop Federal oil 
and gas is qualified to hold such lease. This information will be used 
in making that determination. The obligation to respond is required to 
obtain a benefit.

(See 48 FR 33661, July 22, 1983, as amended at 48 FR 40889, Sept. 12, 
1983; 53 FR 17375, May 16, 1988; 53 FR 31959, Aug. 22, 1988)



PART 3100--OIL AND GAS LEASING--Table of Contents




               Subpart 3100--Oil and Gas Leasing: General

Sec.
3100.0-3  Authority.
3100.0-5  Definitions.
3100.0-9  Information collection.
3100.1  Helium.
3100.2  Drainage.
3100.2-1  Compensation for drainage.
3100.2-2  Drilling and production or payment of compensatory royalty.
3100.3  Options.
3100.3-1  Enforceability.
3100.3-2  Effect of option on acreage.
3100.3-3  Option statements.

                    Subpart 3101--Issuance of Leases

3101.1  Lease terms and conditions.
3101.1-1  Lease form.
3101.1-2  Surface use rights.
3101.1-3  Stipulations and information notices.
3101.1-4  Modification or waiver of lease terms and stipulations.
3101.2  Acreage limitations.
3101.2-1  Public domain lands.
3101.2-2  Acquired lands.
3101.2-3  Excepted acreage.
3101.2-4  Excess acreage.
3101.2-5  Computation.
3101.2-6  Showing required.
3101.3  Leases within unit areas.
3101.3-1  Joinder evidence required.
3101.3-2  Separate leases to issue.
3101.4  Lands covered by application to close lands to mineral leasing.
3101.5  National Wildlife Refuge System lands.
3101.5-1  Wildlife refuge lands.
3101.5-2  Coordination lands.
3101.5-3  Alaska wildlife areas.
3101.5-4  Stipulations.
3101.6  Recreation and public purposes lands.
3101.7  Federal lands administered by an agency outside the Department 
          of the Interior.
3101.7-1  General requirements.
3101.7-2  Action by the Bureau of Land Management.
3101.7-3  Appeals.
3101.8  State's or charitable organization's ownership of surface 
          overlying Federally-owned minerals.

                 Subpart 3102--Qualifications of Lessees

3102.1  Who may hold leases.
3102.2  Aliens.
3102.3  Minors.
3102.4  Signature.
3102.5  Compliance, certification of compliance and evidence.
3102.5-1  Compliance.

[[Page 341]]

3102.5-2  Certification of compliance.
3102.5-3  Evidence of compliance.

                 Subpart 3103--Fees, Rentals and Royalty

3103.1  Payments.
3103.1-1  Form of remittance.
3103.1-2  Where submitted.
3103.2  Rentals.
3103.2-1  Rental requirements.
3103.2-2  Annual rental payments.
3103.3  Royalties.
3103.3-1  Royalty on production.
3103.3-2  Minimum royalties.
3103.4  Production incentives.
3103.4-1  Royalty reductions.
3103.4-2  Stripper well royalty reductions
3103.4-3  Heavy oil royalty reductions.
3103.4-4  Suspension of operations and/or production.

                           Subpart 3104--Bonds

3104.1  Bond obligations.
3104.2  Lease bond.
3104.3  Statewide and nationwide bonds.
3104.4  Unit operator's bond.
3104.5  Increased amount of bonds.
3104.6  Where filed and number of copies.
3104.7  Default.
3104.8  Termination of period of liability.

            Subpart 3105--Cooperative Conservation Provisions

3105.1  Cooperative or unit agreement.
3105.2  Communitization or drilling agreements.
3105.2-1  Where filed.
3105.2-2  Purpose.
3105.2-3  Requirements.
3105.3  Operating, drilling or development contracts.
3105.3-1  Where filed.
3105.3-2  Purpose.
3105.3-3  Requirements.
3105.4  Combination for joint operations or for transportation of oil.
3105.4-1  Where filed.
3105.4-2  Purpose.
3105.4-3  Requirements.
3105.4-4  Rights-of-way.
3105.5  Subsurface storage of oil and gas.
3105.5-1  Where filed.
3105.5-2  Purpose.
3105.5-3  Requirements.
3105.5-4  Extension of lease term.
3105.6  Consolidation of leases.

      Subpart 3106--Transfers by Assignment, Sublease or Otherwise

3106.1  Transfers, general.
3106.2  Qualifications of transferees.
3106.3  Filing fees.
3106.4  Forms.
3106.4-1  Transfers of record title and of operating rights (subleases).
3106.4-2  Transfers of other interests, including royalty interests and 
          production payments.
3106.4-3  Mass transfers.
3106.5  Description of lands.
3106.6  Bonds.
3106.6-1  Lease bond.
3106.6-2  Statewide/nationwide bond.
3106.7  Approval of transfer.
3106.7-1  Failure to qualify.
3106.7-2  Continuing responsibility.
3106.7-3  Lease account status.
3106.7-4  Effective date of transfer.
3106.7-5  Effect of transfer.
3106.8  Other types of transfers.
3106.8-1  Heirs and devisees.
3106.8-2  Change of name.
3106.8-3  Corporate merger.

            Subpart 3107--Continuation, Extension or Renewal

3107.1  Extension by drilling.
3107.2  Production.
3107.2-1  Continuation by production.
3107.2-2  Cessation of production.
3107.2-3  Leases capable of production.
3107.3  Extension for terms of cooperative or unit plan.
3107.3-1  Leases committed to plan.
3107.3-2  Segregation of leases committed in part.
3107.3-3  20-year lease or any renewal thereof.
3107.4  Extension by elimination.
3107.5  Extension of leases segregated by assignment.
3107.5-1  Extension after discovery on other segregated portions.
3107.5-2  Undeveloped parts of leases in their extended term.
3107.5-3  Undeveloped parts of producing leases.
3107.6  Extension of reinstated leases.
3107.7  Exchange leases: 20-year term.
3107.8  Renewal leases.
3107.8-1  Requirements.
3107.8-2  Application.
3107.8-3  Approval.
3107.9  Other types.
3107.9-1  Payment of compensatory royalty.
3107.9-2  Subsurface storage of oil and gas.

         Subpart 3108--Relinquishment, Termination, Cancellation

3108.1  Relinquishments.
3108.2  Termination by operation of law and reinstatement.
3108.2-1  Automatic termination.
3108.2-2  Reinstatement at existing rental and royalty rates: Class I 
          reinstatements.
3108.2-3  Reinstatement at higher rental and royalty rates: Class II 
          reinstatements.
3108.2-4  Conversion of unpatented oil placer mining claims: Class III 
          reinstatements.

[[Page 342]]

3108.3  Cancellation.
3108.4  Bona fide purchasers.
3108.5  Waiver or suspension of lease rights.

                Subpart 3109--Leasing Under Special Acts

3109.1  Rights-of-way.
3109.1-1  Generally.
3109.1-2  Application.
3109.1-3  Notice.
3109.1-4  Award of lease or compensatory royalty agreement.
3109.1-5  Compensatory royalty agreement or lease.
3109.2  Units of the National Park System.
3109.2-1  Authority to lease. [Reserved]
3109.2-2  Area subject to lease. [Reserved]
3109.3  Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
          National Recreation Area.

    Authority:  30 U.S.C. 181, et seq., 30 U.S.C. 351-359.

    Source:  48 FR 33662, July 22, 1983, unless otherwise noted.



           Subpart 3100--Onshore Oil and Gas Leasing: General



Sec. 3100.0-3  Authority.

    (a) Public domain. (1) Oil and gas in public domain lands and lands 
returned to the public domain under section 2370 of this title are 
subject to lease under the Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.), by acts, including, but not 
limited to, section 1009 of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3148).
    (2) Exceptions. (i) Units of the National Park System, including 
lands withdrawn by section 206 of the Alaska National Interest Lands 
Conservation Act, except as provided in paragraph (g)(4) of this 
section;
    (ii) Indian reservations;
    (iii) Incorporated cities, towns and villages;
    (iv) Naval petroleum and oil shale reserves and the National 
Petroleum Reserve--Alaska.
    (v) Lands north of 68 degrees north latitude and east of the western 
boundary of the National Petroleum Reserve--Alaska;
    (vi) Arctic National Wildlife Refuge in Alaska.
    (vii) Lands recommended for wilderness allocation by the surface 
managing agency:
    (viii) Lands within Bureau of Land Management wilderness study 
areas;
    (ix) Lands designated by Congress as wilderness study areas, except 
where oil and gas leasing is specifically allowed to continue by the 
statute designating the study area;
    (x) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
numbered 96-119), unless such lands are allocated to uses other than 
wilderness by a land and resource management plan or have been released 
to uses other than wilderness by an Act of Congress; and
    (xi) Lands within the National Wilderness Preservation System, 
subject to valid existing rights under section 4(d)(3) of the Wilderness 
Act established before midnight, December 31, 1983, unless otherwise 
provided by law.
    (b) Acquired lands. (1) Oil and gas in acquired lands are subject to 
lease under the Mineral Leasing Act for Acquired Lands of August 7, 
1947, as amended (30 U.S.C. 351-359).
    (2) Exceptions. (i) Units of the National Park System, except as 
provided in paragraph (g)(4) of this section;
    (ii) Incorporated cities, towns and villages;
    (iii) Naval petroleum and oil shale reserves and the National 
Petroleum Reserve--Alaska;
    (iv) Tidelands or submerged coastal lands within the continental 
shelf adjacent or littoral to lands within the jurisdiction of the 
United States;
    (v) Lands acquired by the United States for development of helium, 
fissionable material deposits or other minerals essential to the defense 
of the country, except oil, gas and other minerals subject to leasing 
under the Act;
    (vi) Lands reported as excess under the Federal Property and 
Administrative Services Act of 1949;
    (vii) Lands acquired by the United States by foreclosure or 
otherwise for resale.
    (viii) Lands recommended for wilderness allocation by the surface 
managing agency;
    (ix) Lands within Bureau of Land Management wilderness study areas;
    (x) Lands designated by Congress as wilderness study areas, except 
where

[[Page 343]]

 oil and gas leasing is specifically allowed to continue by the statute 
designating the study area;
    (xi) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
numbered 96-119), unless such lands are allocated to uses other than 
wilderness by a land and resource management plan or have been released 
to uses other than wilderness by an Act of Congress; and
    (xii) Lands within the National Wilderness Preservation System, 
subject to valid existing rights under section 4(d)(3) of the Wilderness 
Act established before midnight, December 31, 1983, unless otherwise 
provided by law.
    (c) National Petroleum Reserve--Alaska is subject to lease under the 
Department of the Interior Appropriations Act, Fiscal Year 1981 (42 
U.S.C. 6508).
    (d) Where oil or gas is being drained from lands otherwise 
unavailable for leasing, there is implied authority in the agency having 
jurisdiction of those lands to grant authority to the Bureau of Land 
Management to lease such lands (see 43 U.S.C. 1457; also Attorney 
General's Opinion of April 2, 1941 (Vol. 40 Op. Atty. Gen. 41)).
    (e) Where lands previously withdrawn or reserved from the public 
domain are no longer needed by the agency for which the lands were 
withdrawn or reserved and such lands are retained by the General 
Services Administration, or where acquired lands are declared as excess 
to or surplus by the General Services Administration, authority to lease 
such lands may be transferred to the Department in accordance with the 
Federal Property and Administrative Services Act of 1949 and the Mineral 
Leasing Act for Acquired Lands, as amended.
    (f) The Act of May 21, 1930 (30 U.S.C. 301-306), authorizes the 
leasing of oil and gas deposits under certain rights-of-way to the owner 
of the right-of-way or any assignee.
    (g) (1) The Act of May 9, 1942 (56 Stat. 273), as amended by the Act 
of October 25, 1949 (63 Stat. 886), authorizes leasing on certain lands 
in Nevada.
    (2) The Act of March 3, 1933 (47 Stat. 1487), as amended by the Act 
of June 5, 1936 (49 Stat. 1482) and the Act of June 29, 1936 (49 Stat. 
2026), authorizes leasing on certain lands patented to the State of 
California.
    (3) The Act of June 30, 1950 (16 U.S.C. 508(b)) authorizes leasing 
on certain National Forest Service Lands in Minnesota.
    (4) Units of the National Park System. The Secretary is authorized 
to permit mineral leasing in the following units of the National Park 
System if he/she finds that such disposition would not have significant 
adverse effects on the administration of the area and if lease 
operations can be conducted in a manner that will preserve the scenic, 
scientific and historic features contributing to public enjoyment of the 
area, pursuant to the following authorities:
    (i) Lake Mead National Recreation Area-- The Act of October 8, 1964 
(16 U.S.C. 460n et seq.).
    (ii) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area-- The Act of November 8, 1965 (79 Stat. 1295; 16 U.S.C. 
460q et seq.).
    (iii) Ross Lake and Lake Chelan National Recreation Areas-- The Act 
of October 2, 1968 (82 Stat. 926; 16 U.S.C. 90 et seq.).
    (iv) Glen Canyon National Recreation Area-- The Act of October 27, 
1972 (86 Stat. 1311; 16 U.S.C. 460dd et seq.).
    (5) Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
National Recreation Area. Section 6 of the Act of November 8, 1965 (Pub. 
L. 89-336; 79 Stat. 1295), authorizes the Secretary of the Interior to 
permit the removal of leasable minerals from lands (or interest in 
lands) within the recreation area under the jurisdiction of the 
Secretary of Agriculture in accordance with the Mineral Leasing Act of 
February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the Acquired 
Lands Mineral Leasing Act of August 7, 1947 (30 U.S.C. 351-359), if he 
finds that such disposition would not have significant adverse effects 
on the purpose of the Central Valley project or the administration of 
the recreation area.
[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 17351, 17352, May 16, 1988; 53 FR 22835, June 17, 1988; 53 FR 31958, 
Aug. 22, 1988]

[[Page 344]]



Sec. 3100.0-5  Definitions.

    As used in this part, the term:
    (a) Operator means any person or entity, including, but not limited 
to, the lessee or operating rights owner, who has stated in writing to 
the authorized officer that it is responsible under the terms and 
conditions of the lease for the operations conducted on the leased lands 
or a portion thereof.
    (b) Unit operator means the person authorized under the agreement 
approved by the Department of the Interior to conduct operations within 
the unit.
    (c) Record title means a lessee's interest in a lease which includes 
the obligation to pay rent, and the rights to assign and relinquish the 
lease. Overriding royalty and operating rights are severable from record 
title interests.
    (d) Operating right (working interest) means the interest created 
out of a lease authorizing the holder of that right to enter upon the 
leased lands to conduct drilling and related operations, including 
production of oil or gas from such lands in accordance with the terms of 
the lease.
    (e) Transfer means any conveyance of an interest in a lease by 
assignment, sublease or otherwise. This definition includes the terms: 
Assignment which means a transfer of all or a portion of the lessee's 
record title interest in a lease; and sublease which means a transfer of 
a non-record title interest in a lease, i.e., a transfer of operating 
rights is normally a sublease and a sublease also is a subsidiary 
arrangement between the lessee (sublessor) and the sublessee, but a 
sublease does not include a transfer of a purely financial interest, 
such as overriding royalty interest or payment out of production, nor 
does it affect the relationship imposed by a lease between the lessee(s) 
and the United States.
    (f) National Wildlife Refuge System Lands means lands and water, or 
interests therein, administered by the Secretary as wildlife refuges, 
areas for the protection and conservation of fish and wildlife that are 
threatened with extinction, wildlife management areas or waterfowl 
production areas.
    (g) Actual drilling operations includes not only the physical 
drilling of a well, but the testing, completing or equipping of such 
well for production.
    (h)(1) Primary term of lease subject to section 4(d) of the Act 
prior to the revision of 1960 (30 U.S.C. 226-1(d)) means all periods of 
the life of the lease prior to its extension by reason of production of 
oil and gas in paying quantities; and
    (2) Primary term of all other leases means the initial term of the 
lease. For competitive leases, except those within the National 
Petroleum Reserve--Alaska, this means 5 years and for noncompetitive 
leases this means 10 years.
    (i) Lessee means a person or entity holding record title in a lease 
issued by the United States.
    (j) Operating rights owner means a person or entity holding 
operating rights in a lease issued by the United States. A lessee also 
may be an operating rights owner if the operating rights in a lease or 
portion thereof have not been severed from record title.
    (k) Bid means an amount of remittance offered as partial 
compensation for a lease equal to or in excess of the national minimum 
acceptable bonus bid set by statute or by the Secretary, submitted by a 
person or entity for a lease parcel in a competitive lease sale.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988; 53 
FR 22836, June 17, 1988]



Sec. 3100.0-9  Information collection.

    (a)(1) The collections of information contained in Sec. 3103.4-1(b) 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and are among the collections assigned clearance 
number 1004-0145. The information will be used to determine whether an 
oil and gas operator or owner may obtain a reduction in the royalty 
rate. Response is required to obtain a benefit in accordance with 30 
U.S.C. 181, et seq., and 30 U.S.C. 351-359.
    (2) Public reporting burden for the information collections assigned 
clearance number 1004-0145 is estimated to average 1 hour per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate or any

[[Page 345]]

other aspect of this collection of information, including suggestions 
for reducing the burden, to the Information Collection Clearance Officer 
(783), Bureau of Land Management, Washington, DC 20240, and the Office 
of Management and Budget, Paperwork Reduction Project, 1004-0145, 
Washington, DC 20503.
    (b)(1) The collections of information contained in Sec. 3103.4-1(c) 
and (d) have been approved by the Office of Management and Budget under 
44 U.S.C. 3501 et seq. and assigned clearance number 1010-0090. The 
information will be used to determine whether an oil and gas lessee may 
obtain a reduction in the royalty rate. Response is required to obtain a 
benefit in accordance with 30 U.S.C. 181, et seq., and 30 U.S.C. 351-
359.
    (2) Public reporting burden for this information is estimated to 
average \1/2\ hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information Collection Clearance Officer, 
Minerals Management Service (Mail Stop 2300), 381 Elden Street, Herndon, 
VA 22070-4817, and the Office of Management and Budget, Paperwork 
Reduction Project, 1010-0090, Washington, DC 20503.
[57 FR 35973, Aug. 11, 1992]



Sec. 3100.1  Helium.

    The ownership of and the right to extract helium from all gas 
produced from lands leased or otherwise disposed of under the Act have 
been reserved to the United States.



Sec. 3100.2  Drainage.



Sec. 3100.2-1  Compensation for drainage.

    Upon a determination by the authorized officer that lands owned by 
the United States are being drained of oil or gas by wells drilled on 
adjacent lands, the authorized officer may execute agreements with the 
owners of adjacent lands whereby the United States and its lessees shall 
be compensated for such drainage. Such agreements shall be made with the 
consent of any lessee affected by an agreement. Such lands may also be 
offered for lease in accordance with part 3120 of this title.



Sec. 3100.2-2  Drilling and production or payment of compensatory royalty.

    Where lands in any leases are being drained of their oil or gas 
content by wells either on a Federal lease issued at a lower rate of 
royalty or on non-Federal lands, the lessee shall both drill and produce 
all wells necessary to protect the leased lands from drainage. In lieu 
of drilling necessary wells, the lessee may, with the consent of the 
authorized officer, pay compensatory royalty in the amount determined in 
accordance with Sec. 3162.2(a) of this title.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988]



Sec. 3100.3  Options.



Sec. 3100.3-1  Enforceability.

    (a) No option to acquire any interest in a lease shall be 
enforceable if entered into for a period of more than 3 years (including 
any renewal period that may be provided for in the option) without the 
approval of the Secretary.
    (b) No option or renewal thereof shall be enforceable until a signed 
copy or notice of option has been filed in the proper BLM office. Each 
such signed copy or notice shall include:
    (1) The names and addresses of the parties thereto;
    (2) The serial number of the lease to which the option is 
applicable;
    (3) A statement of the number of acres covered by the option and of 
the interests and obligations of the parties to the option, including 
the date and expiration date of the option; and
    (4) The interest to be conveyed and retained in exercise of the 
option. Such notice shall be signed by all parties to the option or 
their duly authorized agents. The signed copy or notice of option 
required by this paragraph shall contain or be accompanied by a signed 
statement by the holder of the option that he/she is the sole party in 
interest in the option; if not, he/she shall set forth the names and 
provide a description of the interest therein of the other interested 
parties, and provide a description of the agreement between

[[Page 346]]

them, if oral, and a copy of such agreement, if written.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988. 
Redesignated at 53 FR 22836, June 17, 1988]



Sec. 3100.3-2  Effect of option on acreage.

    The acreage to which the option is applicable shall be charged both 
to the grantor of the option and the option holder. The acreage covered 
by an unexercised option remains charged during its term until notice of 
its relinquishment or surrender has been filed in the proper BLM office.
[48 FR 33662, July 22, 1983. Redesignated at 53 FR 22836, June 17, 1988]



Sec. 3100.3-3  Option statements.

    Each option holder shall file in the proper BLM office within 90 
days after June 30 and December 31 of each year a statement showing as 
of the prior June 30 and December 31, respectively:
    (a) Any changes to the statements submitted under Sec. 3100.3-1(b) 
of this title, and
    (b) The number of acres covered by each option and the total acreage 
of all options held in each State.
[53 FR 17352, May 16, 1988. Redesignated and amended at 53 FR 22836, 
June 17, 1988]



                    Subpart 3101--Issuance of Leases



Sec. 3101.1  Lease terms and conditions.



Sec. 3101.1-1  Lease form.

    A lease shall be issued only on the standard form approved by the 
Director.
[53 FR 17352, May 16, 1988]



Sec. 3101.1-2  Surface use rights.

    A lessee shall have the right to use so much of the leased lands as 
is necessary to explore for, drill for, mine, extract, remove and 
dispose of all the leased resource in a leasehold subject to: 
Stipulations attached to the lease; restrictions deriving from specific, 
nondiscretionary statutes; and such reasonable measures as may be 
required by the authorized officer to minimize adverse impacts to other 
resource values, land uses or users not addressed in the lease 
stipulations at the time operations are proposed. To the extent 
consistent with lease rights granted, such reasonable measures may 
include, but are not limited to, modification to siting or design of 
facilities, timing of operations, and specification of interim and final 
reclamation measures. At a minimum, measures shall be deemed consistent 
with lease rights granted provided that they do not: require relocation 
of proposed operations by more than 200 meters; require that operations 
be sited off the leasehold; or prohibit new surface disturbing 
operations for a period in excess of 60 days in any lease year.
[53 FR 17352, May 16, 1988]



Sec. 3101.1-3  Stipulations and information notices.

    The authorized officer may require stipulations as conditions of 
lease issuance. Stipulations shall become part of the lease and shall 
supersede inconsistent provisions of the standard lease form. Any party 
submitting a bid under subpart 3120 of this title, or an offer under 
Sec. 3110.1(b) of this title during the period when use of the parcel 
number is required pursuant to Sec. 3110.5-1 of this title, shall be 
deemed to have agreed to stipulations applicable to the specific parcel 
as indicated in the List of Lands Available for Competitive Nominations 
or the Notice of Competitive Lease Sale available from the proper BLM 
office. A party filing a noncompetitive offer in accordance with 
Sec. 3110.1(a) of this title shall be deemed to have agreed to 
stipulations applicable to the specific parcel as indicated in the List 
of Lands Available for Competitive Nominations or the Notice of 
Competitive Lease Sale, unless the offer is withdrawn in accordance with 
Sec. 3110.6 of this title. An information notice has no legal 
consequences, except to give notice of existing requirements, and may be 
attached to a lease by the authorized officer at the time of lease 
issuance to convey certain operational, procedural or administrative 
requirements relative to lease management within the terms and 
conditions of the standard lease form. Information notices shall

[[Page 347]]

not be a basis for denial of lease operations.
[53 FR 17352, May 16, 1988, as amended at 53 FR 22836, June 17, 1988]



Sec. 3101.1-4  Modification or waiver of lease terms and stipulations.

    A stipulation included in an oil and gas lease shall be subject to 
modification or waiver only if the authorized officer determines that 
the factors leading to its inclusion in the lease have changed 
sufficiently to make the protection provided by the stipulation no 
longer justified or if proposed operations would not cause unacceptable 
impacts. If the authorized officer has determined, prior to lease 
issuance, that a stipulation involves an issue of major concern to the 
public, modification or waiver of the stipulation shall be subject to 
public review for at least a 30-day period. In such cases, the 
stipulation shall indicate that public review is required before 
modification or waiver. If subsequent to lease issuance the authorized 
officer determines that a modification or waiver of a lease term or 
stipulation is substantial, the modification or waiver shall be subject 
to public review for at least a 30-day period.
[53 FR 22836, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3101.2  Acreage limitations.



Sec. 3101.2-1  Public domain lands.

    (a) No person or entity shall take, hold, own or control more than 
246,080 acres of Federal oil and gas leases in any one State at any one 
time. No more than 200,000 acres of such acres may be held under option.
    (b) In Alaska, the acreage that can be taken, held, owned or 
controlled is limited to 300,000 acres in the northern leasing district 
and 300,000 acres in the southern leasing district, of which no more 
than 200,000 acres may be held under option in each of the 2 leasing 
districts. The boundary between the 2 leasing districts in Alaska begins 
at the northeast corner of the Tetlin National Wildlife Refuge as 
established on December 2, 1980 (16 U.S.C. 3101), at a point on the 
boundary between the United States and Canada, then northwesterly along 
the northern boundary of the refuge to the left limit of the Tanana 
River (63 deg.9'38' north latitude, 142 deg.20'52' west longitude), then 
westerly along the left limit to the confluence of the Tanana and Yukon 
Rivers, and then along the left limit of the Yukon River from said 
confluence to its principal southern mouth.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988]



Sec. 3101.2-2  Acquired lands.

    An acreage limitation separate from, but equal to the acreage 
limitation for public domain lands described in Sec. 3101.2-1 of this 
title, applies to acquired lands. Where the United States owns only a 
fractional interest in the mineral resources of the lands involved in a 
lease, only that part owned by the United States shall be charged as 
acreage holdings. The acreage embraced in a future interest lease shall 
not be charged as acreage holdings until the lease for the future 
interest becomes effective.



Sec. 3101.2-3  Excepted acreage.

    Leases committed to any unit or cooperative plan approved or 
prescribed by the Secretary and leases subject to an operating, drilling 
or development contract approved by the Secretary, other than 
communitization agreements, shall not be included in computing 
accountable acreage. Acreage subject to offers to lease, overriding 
royalties and payments out of production shall not be included in 
computing accountable acreage.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988]



Sec. 3101.2-4  Excess acreage.

    (a) Where, as the result of the termination or contraction of a unit 
or cooperative plan, the elimination of a lease from an operating, 
drilling or development contract a party holds or controls excess 
accountable acreage, said party shall have 90 days from that date to 
reduce the holdings to the prescribed limitation and to file proof of 
the reduction in the proper BLM office. Where as a result of a merger or 
the purchase of the controlling interest in a corporation, acreage in 
excess of the amount permitted is acquired, the

[[Page 348]]

party holding the excess acreage shall have 180 days from the date of 
the merger or purchase to divest the excess acreage. If additional time 
is required to complete the divestiture of the excess acreage, a 
petition requesting additional time, along with a full justification for 
the additional time, may be filed with the authorized officer prior to 
the termination of the 180-day period provided herein.
    (b) If any person or entity is found to hold accountable acreage in 
violation of the provisions of these regulations, lease(s) or interests 
therein shall be subject to cancellation or forfeiture in their 
entirety, until sufficient acreage has been eliminated to comply with 
the acreage limitation. Excess acreage or interest shall be cancelled in 
the inverse order of acquisition.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988]



Sec. 3101.2-5  Computation.

    The accountable acreage of a party owning an undivided interest in a 
lease shall be the party's proportionate part of the total lease 
acreage. The accountable acreage of a party who is the beneficial owner 
of more than 10 percent of the stock of a corporation which holds 
Federal oil and gas leases shall be the party's proportionate part of 
the corporation's accountable acreage. Parties to a contract for 
development of leased lands and co-parties, except those operating, 
drilling or development contracts subject to Sec. 3101.2-3 of this 
title, shall be charged with their proportionate interests in the lease. 
No holding of acreage in common by the same persons in excess of the 
maximum acreage specified in the laws for any one party shall be 
permitted.
[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 17353, May 16, 1988]



Sec. 3101.2-6  Showing required.

    At any time the authorized officer may require any lessee or 
operator to file with the Bureau of Land Management a statement showing 
as of specified date the serial number and the date of each lease in 
which he/she has any interest, in the particular State, setting forth 
the acreage covered thereby.



Sec. 3101.3  Leases within unit areas.



Sec. 3101.3-1  Joinder evidence required.

    Before issuance of a lease for lands within an approved unit, the 
lease offeror shall file evidence with the proper BLM office of having 
joined in the unit agreement and unit operating agreement or a statement 
giving satisfactory reasons for the failure to enter into such 
agreement. If such statement is acceptable to the authorized officer the 
operator shall be permitted to operate independently but shall be 
required to conform to the terms and provisions of the unit agreement 
with respect to such operations.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988]



Sec. 3101.3-2  Separate leases to issue.

    A lease offer for lands partly within and partly outside the 
boundary of a unit shall result in separate leases, one for the lands 
within the unit, and one for the lands outside the unit.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988]



Sec. 3101.4  Lands covered by application to close lands to mineral leasing.

    Offers filed on lands within a pending application to close lands to 
mineral leasing shall be suspended until the segregative effect of the 
application is final.



Sec. 3101.5  National Wildlife Refuge System lands.



Sec. 3101.5-1  Wildlife refuge lands.

    (a) Wildlife refuge lands are those lands embraced in a withdrawal 
of public domain and acquired lands of the United States for the 
protection of all species of wildlife within a particular area. Sole and 
complete jurisdiction over such lands for wildlife conservation purposes 
is vested in the Fish and Wildlife Service even though such lands may be 
subject to prior rights for other public purposes or, by the terms of 
the withdrawal order, may be subject to mineral leasing.
    (b) No offers for oil and gas leases covering wildlife refuge lands 
shall be

[[Page 349]]

accepted and no leases covering such lands shall be issued except as 
provided in Sec. 3100.2 of this title. There shall be no drilling or 
prospecting under any lease heretofore or hereafter issued on lands 
within a wildlife refuge except with the consent and approval of the 
Secretary with the concurrence of the Fish and Wildlife Service as to 
the time, place and nature of such operations in order to give complete 
protection to wildlife populations and wildlife habitat on the areas 
leased, and all such operations shall be conducted in accordance with 
the stipulations of the Bureau on a form approved by the Director.



Sec. 3101.5-2  Coordination lands.

    (a) Coordination lands are those lands withdrawn or acquired by the 
United States and made available to the States by cooperative agreements 
entered into between the Fish and Wildlife Service and the game 
commissions of the various States, in accordance with the Act of March 
10, 1934 (48 Stat. 401), as amended by the Act of August 14, 1946 (60 
Stat. 1080), or by long-term leases or agreements between the Department 
of Agriculture and the game commissions of the various States pursuant 
to the Bankhead-Jones Farm Tenant Act (50 Stat. 525), as amended, where 
such lands were subsequently transferred to the Department of the 
Interior, with the Fish and Wildlife Service as the custodial agency of 
the United States.
    (b) Representatives of the Bureau and the Fish and Wildlife Service 
shall, in cooperation with the authorized members of the various State 
game commissions, confer for the purpose of determining by agreement 
those coordination lands which shall not be subject to oil and gas 
leasing. Coordination lands not closed to oil and gas leasing shall be 
subject to leasing on the imposition of such stipulations as are agreed 
upon by the State Game Commission, the Fish and Wildlife Service and the 
Bureau.



Sec. 3101.5-3  Alaska wildlife areas.

    No lands within a refuge in Alaska open to leasing shall be 
available until the Fish and Wildlife Service has first completed 
compatability determinations.



Sec. 3101.5-4  Stipulations.

    Leases shall be issued subject to stipulations prescribed by the 
Fish and Wildlife Service as to the time, place, nature and condition of 
such operations in order to minimize impacts to fish and wildlife 
populations and habitat and other refuge resources on the areas leased. 
The specific conduct of lease activities on any refuge lands shall be 
subject to site-specific stipulations prescribed by the Fish and 
Wildlife Service.



Sec. 3101.6  Recreation and public purposes lands.

    Under the Recreation and Public Purposes Act, as amended (43 U.S.C. 
869 et seq.), all lands within Recreation and Public Purposes leases and 
patents are subject to lease under the provisions of this part, subject 
to such conditions as the Secretary deems appropriate.



Sec. 3101.7  Federal lands administered by an agency outside of the Department of the Interior.



Sec. 3101.7-1  General requirements.

    (a) Acquired lands shall be leased only with the consent of the 
surface managing agency, which upon receipt of a description of the 
lands from the authorized officer, shall report to the authorized 
officer that it consents to leasing with stipulations, if any, or 
withholds consent or objects to leasing.
    (b) Public domain lands shall be leased only after the Bureau has 
consulted with the surface managing agency and has provided it with a 
description of the lands, and the surface managing agency has reported 
its recommendation to lease with stipulations, if any, or not to lease 
to the authorized officer. If consent or lack of objection of the 
surface managing agency is required by statute to lease public domain 
lands, the procedure in paragraph (a) of this section shall apply.
    (c) National Forest System lands whether acquired or reserved from 
the public domain shall not be leased over the objection of the Forest 
Service. The provisions of paragraph (a) of this

[[Page 350]]

section shall apply to such National Forest System lands.
[53 FR 22836, June 17, 1988]



Sec. 3101.7-2  Action by the Bureau of Land Management.

    (a) Where the surface managing agency has consented to leasing with 
required stipulations, and the Secretary decides to issue a lease, the 
authorized officer shall incorporate the stipulations into any lease 
which it may issue. The authorized officer may add additional 
stipulations.
    (b) The authorized officer shall not issue a lease and shall reject 
any lease offer on lands to which the surface managing agency objects or 
withholds consent required by statute. In all other instances, the 
Secretary has the final authority and discretion to decide to issue a 
lease.
    (c) The authorized officer shall review all recommendations and 
shall accept all reasonable recommendations of the surface managing 
agency.
[48 FR 33662, July 22, 1983. Redesignated and amended at 53 FR 22836, 
June 17, 1988]



Sec. 3101.7-3  Appeals.

    (a) The decision of the authorized officer to reject an offer to 
lease or to issue a lease with stipulations recommended by the surface 
managing agency may be appealed to the Interior Board of Land Appeals 
under part 4 of this title.
    (b) Where, as provided by statute, the surface managing agency has 
required that certain stipulations be included in a lease or has 
consented, or objected or refused to consent to leasing, any appeal by 
an affected lease offeror shall be pursuant to the administrative 
remedies provided by the particular surface managing agency.
[53 FR 22837, June 17, 1988]



Sec. 3101.8  State's or charitable organization's ownership of surface overlying Federally-owned minerals.

    Where the United States has conveyed title to, or otherwise 
transferred the control of the surface of lands to any State or 
political subdivision, agency, or instrumentality thereof, or a college 
or any other educational corporation or association, or a charitable or 
religious corporation or association, with reservation of the oil and 
gas rights to the United States, such party shall be given an 
opportunity to suggest any lease stipulations deemed necessary for the 
protection of existing surface improvements or uses, to set forth the 
facts supporting the necessity of the stipulations and also to file any 
objections it may have to the issuance of a lease. Where a party 
controlling the surface opposes the issuance of a lease or wishes to 
place such restrictive stipulations upon the lease that it could not be 
operated upon or become part of a drilling unit and hence is without 
mineral value, the facts submitted in support of the opposition or 
request for restrictive stipulations shall be given consideration and 
each case decided on its merits. The opposition to lease or necessity 
for restrictive stipulations expressed by the party controlling the 
surface affords no legal basis or authority to refuse to issue the lease 
or to issue the lease with the requested restrictive stipulations for 
the reserved minerals in the lands; in such case, the final 
determination whether to issue and with what stipulations, or not to 
issue the lease depends upon whether or not the interests of the United 
States would best be served by the issuance of the lease.
[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 22837, June 17, 1988]



                 Subpart 3102--Qualifications of Lessees



Sec. 3102.1  Who may hold leases.

    Leases or interests therein may be acquired and held only by 
citizens of the United States; associations (including partnerships and 
trusts) of such citizens; corporations organized under the laws of the 
United States or of any State or Territory thereof; and municipalities.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988]



Sec. 3102.2  Aliens.

    Leases or interests therein may be acquired and held by aliens only 
through stock ownership, holding or

[[Page 351]]

control in a present or potential lessee that is incorporated under the 
laws of the United States or of any State or territory thereof, and only 
if the laws, customs or regulations of their country do not deny similar 
or like privileges to citizens or corporations of the United States. If 
it is determined that a country has denied similar or like privileges to 
citizens or corporations of the United States, it would be placed on a 
list available from any Bureau of Land Management State office.
[53 FR 17353, May 16, 1988]



Sec. 3102.3  Minors.

    Leases shall not be acquired or held by one considered a minor under 
the laws of the State in which the lands are located, but leases may be 
acquired and held by legal guardians or trustees of minors in their 
behalf. Such legal guardians or trustees shall be citizens of the United 
States or otherwise meet the provisions of Sec. 3102.1 of this title.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988]



Sec. 3102.4  Signature.

    (a) The original of an offer or bid shall be signed in ink and dated 
by the present or potential lessee or by anyone authorized to sign on 
behalf of the present or potential lessee.
    (b) Three copies of a transfer of record title or of operating 
rights (sublease), as required by section 30a of the act, shall be 
originally signed and dated by the transferor or anyone authorized to 
sign on behalf of the transferor. However, a transferee, or anyone 
authorized to sign on his or her behalf, shall be required to sign and 
date only 1 original request for approval of a transfer.
    (c) Documents signed by any party other than the present or 
potential lessee shall be rendered in a manner to reveal the name of the 
present or potential lessee, the name of the signatory and their 
relationship. A signatory who is a member of the organization that 
constitutes the present or potential lessee (e.g., officer of a 
corporation, partner of a partnership, etc.) may be requested by the 
authorized officer to clarify his/her relationship, when the 
relationship is not shown on the documents filed.
    (d) Submission of a qualification number does not meet the 
requirements of paragraph (c) of this section.
[53 FR 17353, May 16, 1988]



Sec. 3102.5  Compliance, certification of compliance and evidence.



Sec. 3102.5-1  Compliance.

    In order to actually or potentially own, hold, or control an 
interest in a lease or prospective lease, all parties, including 
corporations, and all members of associations, including partnerships of 
all types, shall, without exception, be qualified and in compliance with 
the act. Compliance means that the lessee, potential lessee, and all 
such parties (as defined in Sec. 3000.0-5(k)) are:
    (a) Citizens of the United States (see Sec. 3102.1) or alien 
stockholders in a corporation organized under State or Federal law (see 
Sec. 3102.2);
    (b) In compliance with the Federal acreage limitations (see 
Sec. 3101.2);
    (c) Not minors (see Sec. 3102.3);
    (d) Except for an assignment or transfer under subpart 3106 of this 
title, in compliance with section 2(a)(2)(A) of the Act, in which case 
the signature on an offer or lease constitutes evidence of compliance. A 
lease issued to any entity in violation of this paragraph (d) shall be 
subject to the cancellation provisions of Sec. 3108.3 of this title. The 
term entity is defined at Sec. 3400.0-5(rr) of this title.
    (e) Not in violation of the provisions of section 41 of the Act; and
    (f) In compliance with section 17(g) of the Act, in which case the 
signature on an offer, lease, assignment, transfer, constitutes evidence 
of compliance that the signatory and any subsidiary, affiliate, or 
person, association, or corporation controlled by or under common 
control with the signatory, as defined in Sec. 3400.0-5(rr) of this 
title, has not failed or refused to comply with reclamation requirements 
with respect to all leases and operations thereon in which such person 
or entity has an interest. Noncompliance with section 17(g) of the Act 
begins on the effective date of the imposition of a civil penalty by the 
authorized officer under

[[Page 352]]

 Sec. 3163.2 of this title, or when the bond is attached by the 
authorized officer for reclamation purposes, whichever comes first. A 
lease issued, or an assignment or transfer approved, to any such person 
or entity in violation of this paragraph (f) shall be subject to the 
cancellation provisions of Sec. 3108.3 of this title, notwithstanding 
any administrative or judicial appeals that may be pending with respect 
to violations or penalties assessed for failure to comply with the 
prescribed reclamation standards on any lease holdings. Noncompliance 
shall end upon a determination by the authorized officer that all 
required reclamation has been completed and that the United States has 
been fully reimbursed for any costs incurred due to the required 
reclamation.
    (g) In compliance with Sec. 3106.1(b) of this title and section 30A 
of the Act. The authorized officer may accept the signature on a request 
for approval of an assignment of less than 640 acres outside of Alaska 
(2,560 acres within Alaska) as acceptable certification that the 
assignment would further the development of oil and gas, or the 
authorized officer may apply the provisions of Sec. 3102.5-3 of this 
title.
[53 FR 22837, June 17, 1988]



Sec. 3102.5-2  Certification of compliance.

    Any party(s) seeking to obtain an interest in a lease shall certify 
it is in compliance with the act as set forth in Sec. 3102.5-1 of this 
title. A party(s) that is a corporation or publicly traded association, 
including a publicly traded partnership, shall certify that constituent 
members of the corporation, association or partnership holding or 
controlling more than 10 percent of the instruments of ownership of the 
corporation, association or partnership are in compliance with the act. 
Execution and submission of an offer, competitive bid form, or request 
for approval of a transfer of record title or of operating rights 
(sublease), constitutes certification of compliance.
[53 FR 17353, May 16, 1988; 53 FR 22837, June 17, 1988]



Sec. 3102.5-3  Evidence of compliance.

    The authorized officer may request at any time further evidence of 
compliance and qualification from any party holding or seeking to hold 
an interest in a lease. Failure to comply with the request of the 
authorized officer shall result in adjudication of the action based on 
the incomplete submission.
[53 FR 17353, May 16, 1988]



                 Subpart 3103--Fees, Rentals and Royalty



Sec. 3103.1  Payments.



Sec. 3103.1-1  Form of remittance.

    All remittances shall be by personal check, cashier's check, 
certified check, or money order, and shall be made payable to the 
Department of the Interior--Bureau of Land Management or the Department 
of the Interior--Minerals Management Service, as appropriate. Payments 
made to the Bureau may be made by other arrangements such as by 
electronic funds transfer or credit card when specifically authorized by 
the Bureau. In the case of payments made to the Service, such payments 
may also be made by electronic funds transfer.
[53 FR 22837, June 17, 1988]



Sec. 3103.1-2  Where submitted.

    (a)(1) All filing fees for lease applications or offers or for 
requests for approval of a transfer and all first-year rentals and 
bonuses for leases issued under Group 3100 of this title shall be paid 
to the proper BLM office.
    (2) All second-year and subsequent rentals, except for leases 
specified in paragraph (b) of this section, shall be paid to the Service 
at the following address: Minerals Management Service, Royalty 
Management Program/BRASS, Box 5640 T.A., Denver, CO 80217.
    (b) All rentals and royalties on producing leases, communitized 
leases in producing well units, unitized leases in producing unit areas, 
leases on which compensatory royalty is payable and all payments under 
subsurface storage agreements and easements for directional drilling 
shall be paid to the Service.
[48 FR 33662, July 22, 1983, as amended at 49 FR 11637, Mar. 27, 1984; 
49 FR 39330, Oct. 5, 1984; 53 FR 17353, May 16, 1988]

[[Page 353]]



Sec. 3103.2  Rentals.



Sec. 3103.2-1  Rental requirements.

    (a) Each competitive bid or competitive nomination submitted in 
response to a List of Lands Available for Competitive Nominations or 
Notice of Competitive Lease Sale, and each noncompetitive lease offer 
shall be accompanied by full payment of the first year's rental based on 
the total acreage, if known, and, if not known, shall be based on 40 
acres for each smallest legal subdivision. An offer deficient in the 
first year's rental by not more than 10 percent or $200, whichever is 
less, shall be accepted by the authorized officer provided all other 
requirements are met. Rental submitted shall be determined based on the 
total amount remitted less all required fees. The additional rental 
shall be paid within 30 days from notice of the deficiency under penalty 
of cancellation of the lease.
    (b) If the acreage is incorrectly indicated in a List of Lands 
Available for Competitive Nominations or a Notice of Competitive Lease 
Sale, payment of the rental based on the error is curable within 15 
calendar days of receipt of notice from the authorized officer of the 
error.
    (c) Rental shall not be prorated for any lands in which the United 
States owns an undivided fractional interest but shall be payable for 
the full acreage in such lands.
[48 FR 33662, July 22, 1983, as amended at 49 FR 26920, June 29, 1984, 
53 FR 22837, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3103.2-2  Annual rental payments.

    Rentals shall be paid on or before the lease anniversary date. A 
full year's rental shall be submitted even when less than a full year 
remains in the lease term, except as provided in Sec. 3103.4-4(d) of 
this title. Failure to make timely payment shall cause a lease to 
terminate automatically by operation of law. If the designated Service 
office is not open on the anniversary date, payment received on the next 
day the designated Service office is open to the public shall be deemed 
to be timely made. Payments made to an improper BLM or Service office 
shall be returned and shall not be forwarded to the designated Service 
office. Rental shall be payable at the following rates:
    (a) The annual rental for all leases issued subsequent to December 
22, 1987, shall be $1.50 per acre or fraction thereof for the first 5 
years of the lease term and $2 per acre or fraction for any subsequent 
year, except as provided in paragraph (b) of this section;
    (b) The annual rental for all leases issued on or before December 
22, 1987, or issued pursuant to an application or offer to lease filed 
prior to that date shall be as stated in the lease or in regulations in 
effect on December 22, 1987, except:
    (1) Leases issued under former subpart 3112 of this title on or 
after February 19, 1982, shall be subject after February 1, 1989, to 
annual rental in the sixth and subsequent lease years of $2 per acre or 
fraction thereof;
    (2) The rental rate of any lease determined after December 22, 1987, 
to be in a known geological structure outside of Alaska or in a 
favorable petroleum geological province within Alaska shall not be 
increased because of such determination;
    (3) Exchange and renewal leases shall be subject to rental of $2 per 
acre or fraction thereof upon exchange or renewal;
    (c) Rental shall not be due on acreage for which royalty or minimum 
royalty is being paid, except on nonproducing leases when compensatory 
royalty has been assessed in which case annual rental as established in 
the lease shall be due in addition to compensatory royalty;
    (d) On terminated leases that were originally issued 
noncompetitively and are reinstated under Sec. 3108.2-3 of this title, 
and on noncompetitive leases that were originally issued under 
Sec. 3108.2-4 of this title, the annual rental shall be $5 per acre or 
fraction thereof beginning with the termination date upon the filing, on 
or after the effective date of this regulation, of a petition to 
reinstate a lease or convert an abandoned, unpatented oil placer mining 
claim;
    (e) On terminated leases that were originally issued competitively, 
the annual rental shall be $10 per acre or fraction thereof beginning 
with the termination date upon the filing, on or after

[[Page 354]]

the effective date of this regulation, of a petition to reinstate a 
lease under Sec. 3108.2-3 of this title; and
    (f) Each succeeding time a specific lease is reinstated under 
Sec. 3108.2-3 of this title, the annual rental on that lease shall 
increase by an additional $5 per acre or fraction thereof for leases 
that were originally issued noncompetitively and by an additional $10 
per acre or fraction thereof for leases that were originally issued 
competitively.
[53 FR 17353, May 16, 1988 and 53 FR 22837, June 17, 1988, as amended at 
61 FR 4750, Feb. 8, 1996]



Sec. 3103.3  Royalties.



Sec. 3103.3-1  Royalty on production.

    (a) Royalty on production shall be payable only on the mineral 
interest owned by the United States. Royalty shall be paid in amount or 
value of the production removed or sold as follows:
    (1) 12\1/2\ percent on all leases, including exchange and renewal 
leases and leases issued in lieu of unpatented oil placer mining claims 
under Sec. 3108.2-4 of this title, issued after December 22, 1987, 
except:
    (i) Leases issued after December 22, 1987, resulting from offers to 
lease or bids filed on or before December 22, 1987, which are subject to 
the rates in effect on December 22, 1987; and
    (ii) Leases issued on or before December 22, 1987, which are subject 
to the rates contained in the lease or in regulations at the time of 
issuance;
    (2) 16\2/3\ percent on noncompetitive leases reinstated under 
Sec. 3108.2-3 of this title plus an additional 2 percentage-point 
increase added for each succeeding reinstatement;
    (3) Not less than 4 percentage points above the rate used for 
royalty determination contained in the lease that is reinstated or in 
force at the time of issuance of the lease that is reinstated for 
competitive leases, plus an additional 2 percentage-point increase added 
for each succeeding reinstatement.
    (b) Leases that qualify under specific provisions of the Act of 
August 8, 1946 (30 U.S.C. 226c) may apply for a limitation of a 12\1/2\ 
percent royalty rate.
    (c) The average production per well per day for oil and gas shall be 
determined pursuant to 43 CFR 3162.7-4.
    (d) Payment of a royalty on the helium component of gas shall not 
convey the right to extract the helium. Applications for the right to 
extract helium shall be made under part 16 of this title.
[53 FR 22838, June 17, 1988]



Sec. 3103.3-2  Minimum royalties.

    (a) A minimum royalty shall be payable at the expiration of each 
lease year beginning on or after a discovery of oil or gas in paying 
quantities on the lands leased, except that on unitized leases the 
minimum royalty shall be payable only on the participating acreage, at 
the following rates:
    (1) On leases issued on or after August 8, 1946, and on those issued 
prior thereto if the lessee files an election under section 15 of the 
Act of August 8, 1946, a minimum royalty of $1 per acre or fraction 
thereof in lieu of rental, except as provided in paragraph (a)(2) of 
this section; and
    (2) On leases issued from offers filed after December 22, 1987, and 
on competitive leases issued from successful bids placed at oral 
auctions conducted after December 22, 1987, a minimum royalty in lieu of 
rental of not less than the amount of rental which otherwise would be 
required for that lease year.
    (b) Minimum royalties shall not be prorated for any lands in which 
the United States owns a fractional interest but shall be payable on the 
full acreage of the lease.
    (c) Minimum royalties and rentals on non-participating acreage shall 
be payable to the Service.
    (d) The minimum royalty provisions of this section shall be 
applicable to leases reinstated under Sec. 3108.2-3 of this title and 
leases issued under Sec. 3108.2-4 of this title.
[48 FR 33662, July 22, 1983, as amended at 49 FR 11637, Mar. 27, 1984; 
49 FR 30448, July 30, 1984; 53 FR 22838, June 17, 1988]



Sec. 3103.4  Production incentives.



Sec. 3103.4-1  Royalty reductions.

    (a) In order to encourage the greatest ultimate recovery of oil or 
gas and in

[[Page 355]]

the interest of conservation, the Secretary, upon a determination that 
it is necessary to promote development or that the leases cannot be 
successfully operated under the terms provided therein, may waive, 
suspend or reduce the rental or minimum royalty or reduce the royalty on 
an entire leasehold, or any portion thereof.
    (b)(1) An application for the benefits under paragraph (a) of this 
section on other than stripper oil well leases or heavy oil properties 
must be filed by the operator/payor in the proper BLM office. (Royalty 
reductions specifically for stripper oil well leases or heavy oil 
properties are discussed in Sec. 3103.4-2 and Sec. 3103.4-3 
respectively.) The application must contain the serial number of the 
leases, the names of the record title holders, operating rights owners 
(sublessees), and operators for each lease, the description of lands by 
legal subdivision and a description of the relief requested.
    (2) Each application shall show the number, location and status of 
each well drilled, a tabulated statement for each month covering a 
period of not less than 6 months prior to the date of filing the 
application of the aggregate amount of oil or gas subject to royalty, 
the number of wells counted as producing each month and the average 
production per well per day.
    (3) Every application shall contain a detailed statement of expenses 
and costs of operating the entire lease, the income from the sale of any 
production and all facts tending to show whether the wells can be 
successfully operated upon the fixed royalty or rental. Where the 
application is for a reduction in royalty, full information shall be 
furnished as to whether overriding royalties, payments out of 
production, or similar interests are paid to others than the United 
States, the amounts so paid and efforts made to reduce them. The 
applicant shall also file agreements of the holders to a reduction of 
all other royalties or similar payments from the leasehold to an 
aggregate not in excess of one-half the royalties due the United States.
    (c) Petition may be made for reduction of royalty under Sec. 3108.2-
3(f) for leases reinstated under Sec. 3108.2-3 of this title and under 
Sec. 3108.2-4(i) for noncompetitive leases issued under Sec. 3108.2-4 of 
this title. Petitions to waive, suspend or reduce rental or minimum 
royalty for leases reinstated under Sec. 3108.2-3 of this title or for 
leases issued under Sec. 3108.2-4 of this title may be made under this 
section.
[48 FR 33662, July 22, 1983; 48 FR 39225, Aug. 30, 1983, as amended at 
49 FR 30448, July 30, 1984; 53 FR 17354, May 16, 1988; 57 FR 35973, Aug. 
11, 1992; 61 FR 4750, Feb. 8, 1996]



Sec. 3103.4-2  Stripper well royalty reductions.

    (a)(1) A stripper well property is any Federal lease or portion 
thereof segregated for royalty purposes, a communitization agreement, or 
a participating area of a unit agreement, operated by the same operator, 
that produces an average of less than 15 barrels of oil per eligible 
well per well-day for the qualifying period.
    (2) An eligible well is an oil well that produces or an injection 
well that injects and is integral to production for any period of time 
during the qualifying or subsequent 12-month period.
    (3) An oil completion is a completion from which the energy 
equivalent of the oil produced exceeds the energy equivalent of the gas 
produced (including the entrained liquid hydrocarbons) or any completion 
producing oil and less than 60 MCF of gas per day.
    (4) An injection well is a well that injects a fluid for secondary 
or enhanced oil recovery, including reservoir pressure maintenance 
operations.
    (b) Stripper oil well property royalty rate reduction shall be 
administered according to the following requirements and procedures.
    (1) An application for the benefits under paragraph (a) of this 
section for stripper oil well properties is not required.
    (2) Total oil production (regardless of disposition) for the subject 
period from the eligible wells on the property is totaled and then 
divided by the total number of well days or portions of days, both 
producing and injection days, as reported on Form MMS-3160 or MMS-4054 
for the eligible wells to determine the property average daily 
production rate. For those properties in communitization agreements and 
participating areas of unit agreements

[[Page 356]]

that have allocated (not actual) production, the production rate for all 
eligible well(s) in that specific communitization agreement or 
participating area is determined and shall be assigned to that allocated 
property in that communitization agreement or participating area.
    (3) Procedures to be used by operator:
    (i) Qualifying determination.
    (A) Calculate an average daily production rate for the property in 
order to verify that the property qualifies as a stripper property.
    (B) The initial qualifying period for producing properties is the 
period August 1, 1990, through July 31, 1991. For the properties that 
were shut-in for 12 consecutive months or longer, the qualifying period 
is the 12-month production period immediately prior to the shut-in. If 
the property does not qualify during the initial qualifying period, it 
may later qualify due to production decline. In those cases, the 12-
month qualifying period will be the first consecutive 12-month period 
beginning after August 31, 1990, during which the property qualifies.
    (ii) Qualifying royalty rate calculation. If the property qualifies, 
use the production rate rounded down to the next whole number (e.g., 6.7 
becomes 6) for the qualifying period, and apply the following formula to 
determine the maximum royalty rate for oil production from the Federal 
leases for the life of the program.


Royalty Rate (%) = 0.5 + (0.8  x  the average daily production rate)


    The formula-calculated royalty rate shall apply to all oil 
production (except condensate) from the property for the first 12 
months. The rate shall be effective the first day of the production 
month after the Minerals Management Service (MMS) receives notification. 
If the production rate is 15 barrels or greater, the royalty rate will 
be the rate in the lease terms.
    (iii) Outyears royalty rate calculations.
    (A) At the end of each 12-month period, the property average daily 
production rate shall be determined for that period. A royalty rate 
shall then be calculated using the formula in paragraph (b)(3)(ii) of 
this section.
    (B) The new calculated royalty rate shall be compared to the 
qualifying period royalty rate. The lower of the two rates shall be used 
for the current period provided that the operator notifies the MMS of 
the new royalty rate. The new royalty rate shall not become effective 
until the first day of the month after the MMS receives notification. 
Notification shall be received on Form MMS-4377 and mailed to Minerals 
Management Service, P.O. Box 17110, Denver, CO 80217. If the operator 
does not notify the MMS of the new royalty rate within 60 days after the 
end of the subject 12-month period, the royalty rate for the property 
shall revert back to the royalty rate established as the qualifying 
period royalty rate, effective at the beginning of the current 12-month 
period.
    (C) The royalty rate shall never exceed the calculated qualifying 
royalty rate for the life of this program.
    (iv) Prohibition. For the qualifying period and any subsequent 12-
month period, the production rate shall be the result of routine 
operational and economic factors for that period and for that property 
and not the result of production manipulation for the purpose of 
obtaining a lower royalty rate. A production rate that is determined to 
have resulted from production manipulation will not receive the benefit 
of a royalty rate reduction.
    (v) Certification. The applicable royalty rate shall be used by the 
operator/payor when submitting the required royalty reports/payments to 
MSS. By submitting royalty reports/payments using the royalty rate 
reduction benefits of this program, the operator certifies that the 
production rate for the qualifying and subsequent 12-month period was 
not subject to manipulation for the purpose of obtaining the benefit of 
a royalty rate reduction, and the royalty rate was calculated in 
accordance with the instructions and procedures in these regulations.
    (vi) Agency action. If a royalty rate is improperly calculated, the 
MMS will calculate the correct rate and inform the operator/payors. Any 
additional royalties due are payable immediately upon notification. Late 
payment or underpayment charges will be assessed in accordance with 30 
CFR 218.102. The

[[Page 357]]

BLM may terminate a royalty rate reduction if it is determined that the 
production rate was manipulated by the operator for the purpose of 
receiving a royalty rate reduction. Terminations of royalty rate 
reductions will be effective on the effective date of the royalty rate 
reduction resulting from the manipulated production rate (i.e., the 
termination will be retroactive to the effective date of the improper 
reduction). The operator/payor shall pay the difference in royalty 
resulting from the retroactive application of the unmanipulated rate. 
Late payment or underpayment charges will be assessed in accordance with 
30 CFR 218.102.
    (4) The royalty rate reduction provision for stripper well 
properties shall be effective as of October 1, 1992. If the oil price, 
adjusted for inflation by BLM and MMS, using the implicit price deflator 
for gross national product with 1991 as the base year, remains on 
average above $28 per barrel, based on West Texas Intermediate crude 
average posted price for a period of 6 consecutive months, the benefits 
of the royalty rate reduction under this section may be terminated upon 
6 months' notice, published in the Federal Register.
    (5) The Secretary will evaluate the effectiveness of the stripper 
well royalty reduction program and may at any time after September 10, 
1997, terminate any or all royalty reductions granted under this section 
upon 6 months notice.
    (6) The stripper well property royalty rate reduction benefits shall 
apply to all oil produced from the property.
    (7) The royalty for gas production (including liquids produced in 
association with gas) for oil completions shall be calculated separately 
using the lease royalty rate.
    (8) If the lease royalty rate is lower than the benefits provided in 
this stripper oil property royalty rate reduction program, the lease 
rate prevails.
    (9) The minimum royalty provisions of Sec. 3103.3-2 apply.
    (10) Examples.

[[Page 358]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.071



                         Explanation, Example 1

    1. Property production rate per well for qualifying period (August 
1, 1990-July 31, 1991) is 10 barrels of oil per day (BOPD).
    2. Using the formula, the royalty rate for the first year is 
calculated to be 8.5 percent. This rate is also the maximum royalty rate 
for the life of the program.

8.5%=0.5+(0.8 x 10)

    3. Production rate for the first year is 8 BOPD.
    4. Using the formula, the royalty rate is calculated at 6.9 percent. 
Since 6.9 percent is less than the first year rate of 8.5 percent, 6.9 
percent is the applicable royalty rate for the second year.

6.9%=0.5+(0.8 x 8)


[[Page 359]]


    5. Production rate for the second year is 12 BOPD.
    6. Using the formula, the royalty rate is calculated at 10.1 
percent. Since the 8.5 percent first year royalty rate is less than 10.1 
percent, the applicable royalty rate for third year is 8.5 percent.

10.1%=0.5+(0.8 x 12)

    7. Production rate for the third year is 23 BOPD.
    8. Since the production rate of 23 BOPD is greater than the 15 BOPD 
threshold for the program, the calculated royalty rate would be the 
property royalty rate. However, since the 8.5 percent first year royalty 
rate is less than the property rate, the royalty rate for the fourth 
year is 8.5 percent.
    9. Production rate for the fourth year is 15 BOPD.
    10. Since the production is at the 15 BOPD threshold, the royalty 
rate would be the property royalty rate. However, since the 8.5 percent 
first year royalty rate is less than the lease rate, the royalty rate 
for the fifth year is 8.5 percent.


[[Page 360]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.072



[[Page 361]]

                         Explanation, Example 2

    1. Property production rate of 23 BOPD per well (for the August 1, 
1990-July 31, 1991, qualifying period prior to the effective date of the 
program) is greater than the 15 BOPD which qualifies a property for a 
royalty rate reduction. Therefore, the property is not entitled to a 
royalty rate reduction for the first year of the program.
    2. Property royalty rate for the first year is the rate as stated in 
the lease.
    3. Production rate for the first year is 8 BOPD.
    4. Using the formula, the royalty rate is calculated to be 6.9 
percent for the second year. This rate is also the maximum royalty rate 
for the life of the program.

6.9%=0.5+(0.8 x 8)

    5. Production rate for the second year is 12 BOPD.
    6. Using the formula, the royalty rate is calculated at 10.1 
percent. Since the 6.9 percent second year royalty rate is less than 
10.1 percent, the applicable royalty rate for third year is 6.9 percent.

10.1%=0.5+(0.8 x 12)

    7. Production rate third year is 7 BOPD.
    8. Using the formula, the royalty rate is calculated at 6.1 percent. 
Since the 6.1 percent third year royalty rate is less than the 
qualifying (maximum) rate of 6.9 percent, the royalty rate for the 
fourth year is 6.1 percent.

6.1%=0.5+(0.8 x 7)

    9. Production rate for the fourth year is 15 BOPD.
    10. Since the production is at the 15 BOPD threshold, the royalty 
rate would be the lease royalty rate. However, since the 6.9 percent 
second year royalty rate is less than the lease rate, the royalty rate 
for the fifth year is 6.9 percent.

                                Appendix:


[[Page 362]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.073



[[Page 363]]

[48 FR 33662, July 22, 1983; 48 FR 39225, Aug. 30, 1983, as amended at 
49 FR 30448, July 30, 1984; 53 FR 17354, May 16, 1988; 57 FR 35973, Aug. 
11, 1992. Redesignated at 61 FR 4750, Feb. 8, 1996]



Sec. 3103.4-3  Heavy oil royalty reductions.

    (a)(1) A heavy oil well property is any Federal lease or portion 
thereof segregated for royalty purposes, a communitization area, or a 
unit participating area, operated by the same operator, that produces 
crude oil with a weighted average gravity of less than 20 degrees as 
measured on the American Petroleum Institute (API) scale.
    (2) An oil completion is a completion from which the energy 
equivalent of the oil produced exceeds the energy equivalent of the gas 
produced (including the entrained liquefiable hydrocarbons) or any 
completion producing oil and less than 60 MCF of gas per day.
    (b) Heavy oil well property royalty rate reductions will be 
administered according to the following requirements and procedures:
    (1) The Bureau of Land Management requires no specific application 
form for the benefits under paragraph (a) of this section for heavy oil 
well properties. However, the operator/payor must notify, in writing, 
the proper BLM office that it is seeking a heavy oil royalty rate 
reduction. The letter must contain the serial number of the affected 
leases (or, as appropriate, the communitization agreement number or the 
unit agreement name); the names of the operators for each lease; the 
calculated new royalty rate as determined under paragraph (b)(2) of this 
section; and copies of the Purchaser's Statements (sales receipts) to 
document the weighted average API gravity for a property.
    (2) The operator must determine the weighted average API gravity for 
a property by averaging (adjusted to rate of production) the API 
gravities reported on the operator's Purchaser's Statement for the last 
3 calendar months preceding the operator's written notice of intent to 
seek a royalty rate reduction, during each of which at least one sale 
was held. This is shown in the following 3 illustrations:
    (i) If a property has oil sales every month prior to requesting the 
royalty rate reduction in October of 1996, the operator must submit 
Purchaser's Statements for July, August, and September of 1996;
    (ii) If a property has sales only every 6 months, during the months 
of March and September, prior to requesting the rate reduction in 
October of 1996, the operator must submit Purchaser's Statements for the 
months of September 1995, and March and September 1996; and
    (iii) If a property has multiple sales each month, the operator must 
submit Purchaser's Statements for every sale for the 3 entire calendar 
months immediately preceding the request for a rate reduction.
    (3) The following equation must be used by the operator/payor for 
calculating the weighted average API gravity for a heavy oil well 
property:
[GRAPHIC] [TIFF OMITTED] TC13NO91.011

Where:
V1=Average Production (bbls) of Well #1 over the last 3 
          calendar months of sales
V2=Average Production (bbls) of Well #2 over the last 3 
          calendar months of sales
Vn=Average Production (bbls) of each additional well 
          (V3, V4, etc.) over the last 3 calendar 
          months of sales
G1=Average Gravity (degrees) of oil produced from Well #1 
          over the last 3 calendar months of sales
G2=Average Gravity (degrees) of oil produced from Well #2 
          over the last 3 calendar months of sales
Gn=Average Gravity (degrees) of each additional well 
          (G3, G4, etc.) over the last 3 calendar 
          months of sales

    Example: Lease ``A'' has 3 wells producing at the following average 
rates over 3 sales months with the following associated average 
gravities: Well #1, 4,000 bbls, 13 deg. API; Well #2, 6000 bbls, 21 deg. 
API; Well #3, 2,000 bbls,

[[Page 364]]

14 deg. API. Using the equation above--
[GRAPHIC] [TIFF OMITTED] TC13NO91.012

    (4) For those properties subject to a communitization agreement or a 
unit participating area, the weighted average API oil gravity for the 
lands dedicated to that specific communitization agreement or unit 
participating area must be determined in the manner prescribed in 
paragraph (b)(3) of this section and assigned to all property subject to 
Federal royalties in the communitization agreement or unit participating 
area.
    (5) The operator/payor must use the following procedures in order to 
obtain a royalty rate reduction under this section:
    (i) Qualifying royalty rate determination.
    (A) The operator/payor must calculate the weighted average API 
gravity for the property proposed for the royalty rate reduction in 
order to verify that the property qualifies as a heavy oil well 
property.
    (B) Properties that have removed or sold oil less than 3 times in 
their productive life may still qualify for this royalty rate reduction. 
However, no additional royalty reductions will be granted until the 
property has a sales history of at least 3 production months (see 
paragraph (b)(2) of this section).
    (ii) Calculating the qualifying royalty rate. If the Federal leases 
or portions thereof (e.g., communitization or unit agreements) qualify 
as heavy oil property, the operator/payor must use the weighted average 
API gravity rounded down to the next whole degree (e.g., 11.7 degrees 
API becomes 11 degrees), and determine the appropriate royalty rate from 
the following table:

                  Royalty Rate Reduction for Heavy Oil                  
------------------------------------------------------------------------
                                                           Royalty Rate 
         Weighted average API gravity (degrees)              (percent)  
------------------------------------------------------------------------
6.......................................................             0.5
7.......................................................             1.4
8.......................................................             2.2
9.......................................................             3.1
10......................................................             3.9
11......................................................             4.8
12......................................................             5.6
13......................................................             6.5
14......................................................             7.4
15......................................................             8.2
16......................................................             9.1
17......................................................             9.9
18......................................................            10.8
19......................................................            11.6
20......................................................            12.5
------------------------------------------------------------------------

    (iii) New royalty rate effective date. The new royalty rate will be 
effective on the first day of production 2 months after BLM receives 
notification by the operator/payor. The rate will apply to all oil 
production from the property for the next 12 months (plus the 2 calendar 
month grace period during which the next 12 months' royalty rate is 
determined in the next year). If the API oil gravity is 20 degrees or 
greater, the royalty rate will be the rate in the lease terms.

    Example: BLM receives notification from an operator on June 8, 1996. 
There is a two month period before new royalty rate is effective--July 
and August. New royalty rate is effective September 1, 1996.

    (iv) Royalty rate determinations in subsequent years.
    (A) At the end of each 12-month period, beginning on the first day 
of the calendar month the royalty rate reduction went into effect, the 
operator/payor must determine the weighted average API oil gravity for 
the property for that period. The operator/payor must then determine the 
royalty rate for the following year using the table in paragraph 
(b)(5)(ii) of this section.
    (B) The operator/payor must notify BLM of its determinations under 
this paragraph and paragraph (b)(5)(iv)(A) of this section. The new 
royalty rate (effective for the next 12 month period) will become 
effective the first day of the third month after the prior 12 month 
period comes to a close, and will remain effective for 12 calendar 
months (plus the 2 calendar month grace period during which the next 12 
months' royalty rate is determined in the next year). Notification must 
include copies of the Purchaser's Statements (sales receipts) and be 
mailed to the proper BLM office. If the operator does not notify the BLM 
of the new royalty rate within 60 days after the end of the subject 12-
month period, the royalty rate for the heavy oil well property will 
return to the rate in the lease terms.


[[Page 365]]


    Example: On September 30, 1997, at the end of a 12-month royalty 
reduction period, the operator/payor determines what the weighted 
average API oil gravity for the property for that period has been. The 
operator/payor then determines the new royalty rate for the next 12 
month using the table in paragraph (b)(5)(ii) of this section. Given 
that there is a 2-month delay period for the operator/payor to calculate 
the new royalty rate, the new royalty rate would be effective December 
1, 1997 through November 30, 1998 (plus the 2 calendar month grace 
period during which the next 12 months' royalty rate is determined--
December 1, 1998 through January 31, 1999).


    (v) Prohibition. Any heavy oil property reporting an API average oil 
gravity determined by BLM to have resulted from any manipulation of 
normal production or adulteration of oil sold from the property will not 
receive the benefit of a royalty rate reduction under this paragraph 
(b).
    (vi) Certification. The operator/payor must use the applicable 
royalty rate when submitting the required royalty reports/payments to 
the Minerals Management Service (MMS). In submitting royalty reports/
payments using a royalty rate reduction authorized by this paragraph 
(b), the operator/payor must certify that the API oil gravity for the 
initial and subsequent 12-month periods was not subject to manipulation 
or adulteration and the royalty rate was determined in accordance with 
the requirements and procedures of this paragraph (b).
    (vii) Agency action. If an operator/payor incorrectly calculates the 
royalty rate, the BLM will determine the correct rate and notify the 
operator/payor in writing. Any additional royalties due are payable to 
MMS immediately upon receipt of this notice. Late payment or 
underpayment charges will be assessed in accordance with 30 CFR 218.102. 
The BLM will terminate a royalty rate reduction for a property if BLM 
determines that the API oil gravity was manipulated or adulterated by 
the operator/payor. Terminations of royalty rate reductions for 
individual properties will be effective on the effective date of the 
royalty rate reduction resulting from a manipulated or adulterated API 
oil gravity so that the termination will be retroactive to the effective 
date of the improper reduction. The operator/payor must pay the 
difference in royalty resulting from the retroactive application of the 
non-manipulated rate. The late payment or underpayment charges will 
assessed in accordance with 30 CFR 218.102.
    (6) The BLM may suspend or terminate all royalty reductions granted 
under this paragraph (b) and terminate the availability of further heavy 
oil royalty relief under this section--
    (i) Upon 6 month's notice in the Federal Register when BLM 
determines that the average oil price has remained above $24 per barrel 
over a period of 6 consecutive months (based on the WTI Crude average 
posted prices and adjusted for inflation using the implicit price 
deflator for gross national product with 1991 as the base year), or
    (ii) After September 10, 1999, if the Secretary determines the 
royalty rate reductions authorized by this paragraph (b) have not been 
effective in reducing the loss of otherwise recoverable reserves. This 
will be determined by evaluating the expected versus the actual 
abandonment rate, the number of enhanced recovery projects, and the 
amount of operator reinvestment in heavy oil production that can be 
attributed to this rule.
    (7) The heavy oil well property royalty rate reduction applies to 
all Federal oil produced from a heavy oil property.
    (8) If the lease royalty rate is lower than the benefits provided in 
this heavy oil well property royalty rate reduction program, the lease 
rate prevails.
    (9) If the property qualifies for a stripper well property royalty 
rate reduction, as well as a heavy oil well property reduction, the 
lower of the two rates applies.
    (10) The operator/payor must separately calculate the royalty for 
gas production (including condensate produced in association with gas) 
from oil completions using the lease royalty rate.
    (11) The minimum royalty provisions of Sec. 3103.3-2 will continue 
to apply.
[61 FR 4750, Feb. 8, 1996]

[[Page 366]]



Sec. 3103.4-4  Suspension of operations and/or production.

    (a) A suspension of all operations and production may be directed or 
consented to by the authorized officer only in the interest of 
conservation of natural resources. A suspension of operations only or a 
suspension of production only may be directed or consented to by the 
authorized officer in cases where the lessee is prevented from operating 
on the lease or producing from the lease, despite the exercise of due 
care and diligence, by reason of force majeure, that is, by matters 
beyond the reasonable control of the lessee. Applications for any 
suspension shall be filed in the proper BLM office. Complete information 
showing the necessity of such relief shall be furnished.
    (b) The term of any lease shall be extended by adding thereto the 
period of the suspension, and no lease shall be deemed to expire during 
any suspension.
    (c) A suspension shall take effect as of the time specified in the 
direction or assent of the authorized officer, in accordance with the 
provisions of Sec. 3165.1 of this title.
    (d) Rental and minimum royalty payments shall be suspended during 
any period of suspension of all operations and production directed or 
assented to by the authorized officer beginning with the first day of 
the lease month in which the suspension of all operations and production 
becomes effective, or if the suspension of all operations and production 
becomes effective on any date other than the first day of a lease month, 
beginning with the first day of the lease month following such effective 
date. Rental and minimum royalty payments shall resume on the first day 
of the lease month in which the suspension of all operations and 
production is terminated. Where rentals are creditable against royalties 
and have been paid in advance, proper credit shall be allowed on the 
next rental or royalty due under the terms of the lease. Rental and 
minimum royalty payments shall not be suspended during any period of 
suspension of operations only or suspension of production only.
    (e) Where all operations and production are suspended on a lease on 
which there is a well capable of producing in paying quantities and the 
authorized officer approves resumption of operations and production, 
such resumption shall be regarded as terminating the suspension, 
including the suspension of rental and minimum royalty payments, as 
provided in paragraph (d) of this section.
    (f) The relief authorized under this section also may be obtained 
for any Federal lease included within an approved unit or cooperative 
plan of development and operation. Unit or cooperative plan obligations 
shall not be suspended by relief obtained under this section but shall 
be suspended only in accordance with the terms and conditions of the 
specific unit or cooperative plan.
[53 FR 17354, May 16, 1988. Redesignated at 61 FR 4750, Feb. 8, 1996]



                           Subpart 3104--Bonds



Sec. 3104.1  Bond obligations.

    (a) Prior to the commencement of surface disturbing activities 
related to drilling operations, the lessee, operating rights owner 
(sublessee), or operator shall submit a surety or a personal bond, 
conditioned upon compliance with all of the terms and conditions of the 
entire leasehold(s) covered by the bond, as described in this subpart. 
The bond amounts shall be not less than the minimum amounts described in 
this subpart in order to ensure compliance with the act, including 
complete and timely plugging of the well(s), reclamation of the lease 
area(s), and the restoration of any lands or surface waters adversely 
affected by lease operations after the abandonment or cessation of oil 
and gas operations on the lease(s) in accordance with, but not limited 
to, the standards and requirements set forth in Secs. 3162.3 and 3162.5 
of this title and orders issued by the authorized officer.
    (b) Surety bonds shall be issued by qualified surety companies 
approved by the Department of the Treasury (see Department of the 
Treasury Circular No. 570).
    (c) Personal bonds shall be accompanied by:
    (1) Certificate of deposit issued by a financial institution, the 
deposits of which are Federally insured, explicitly

[[Page 367]]

granting the Secretary full authority to demand immediate payment in 
case of default in the performance of the terms and conditions of the 
lease. The certificate shall explicitly indicate on its face that 
Secretarial approval is required prior to redemption of the certificate 
of deposit by any party;
    (2) Cashier's check;
    (3) Certified check;
    (4) Negotiable Treasury securities of the United States of a value 
equal to the amount specified in the bond. Negotiable Treasury 
securities shall be accompanied by a proper conveyance to the Secretary 
of full authority to sell such securities in case of default in the 
performance of the terms and conditions of a lease; or
    (5) Irrevocable letter of credit issued by a financial institution, 
the deposits of which are Federally insured, for a specific term, 
identifying the Secretary as sole payee with full authority to demand 
immediate payment in the case of default in the performance of the terms 
and conditions of a lease.
    Letters of credit shall be subject to the following conditions:
    (i) The letter of credit shall be issued only by a financial 
institution organized or authorized to do business in the United States;
    (ii) The letter of credit shall be irrevocable during its term. A 
letter of credit used as security for any lease upon which drilling has 
taken place and final approval of all abandonment has not been given, or 
as security for a statewide or nationwide lease bond, shall be forfeited 
and shall be collected by the authorized officer if not replaced by 
other suitable bond or letter of credit at least 30 days before its 
expiration date;
    (iii) The letter of credit shall be payable to the Bureau of Land 
Management upon demand, in part or in full, upon receipt from the 
authorized officer of a notice of attachment stating the basis therefor, 
e.g., default in compliance with the lease terms and conditions or 
failure to file a replacement in accordance with paragraph (c)(5)(ii) of 
this section;
    (iv) The initial expiration date of the letter of credit shall be at 
least 1 year following the date it is filed in the proper BLM office; 
and
    (v) The letter of credit shall contain a provision for automatic 
renewal for periods of not less than 1 year in the absence of notice to 
the proper BLM office at least 90 days prior to the originally stated or 
any extended expiration date.
[53 FR 22838, June 17, 1988]



Sec. 3104.2  Lease bond.

    A lease bond may be posted by a lessee, owner of operating rights 
(sublessee), or operator in an amount of not less than $10,000 for each 
lease conditioned upon compliance with all of the terms of the lease. 
Where 2 or more principals have interests in different formations or 
portions of the lease, separate bonds may be posted. The operator on the 
ground shall be covered by a bond in his/her own name as principal, or a 
bond in the name of the lessee or sublessee, provided that a consent of 
the surety, or the obligor in the case of a personal bond, to include 
the operator under the coverage of the bond is furnished to the Bureau 
office maintaining the bond.
[53 FR 22839, June 17, 1988]



Sec. 3104.3  Statewide and nationwide bonds.

    (a) In lieu of lease bonds, lessees, owners of operating rights 
(sublessees), or operators may furnish a bond in an amount of not less 
than $25,000 covering all leases and operations in any one State.
    (b) In lieu of lease bonds or statewide bonds, lessees, owners of 
operating rights (sublessees), or operators may furnish a bond in an 
amount of not less than $150,000 covering all leases and operations 
nationwide.
[53 FR 22839, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3104.4  Unit operator's bond.

    In lieu of individual lease, statewide, or nationwide bonds for 
operations conducted on leases committed to an approved unit agreement, 
the unit operator may furnish a unit operator bond in the manner set 
forth in Sec. 3104.1 of this title. The amount of such a bond shall be 
determined by the authorized officer. The format for such a surety bond 
is set forth in Sec. 3186.2 of this title.

[[Page 368]]

Where a unit operator is covered by a nationwide or statewide bond, 
coverage for such a unit may be provided by a rider to such bond 
specifically covering the unit and increasing the bond in such amount as 
may be determined appropriate by the authorized officer.
[53 FR 22839, June 17, 1988]



Sec. 3104.5  Increased amount of bonds.

    (a) When an operator desiring approval of an Application for Permit 
to Drill has caused the Bureau to make a demand for payment under a bond 
or other financial guarantee within the 5-year period prior to 
submission of the Application for Permit to Drill, due to failure to 
plug a well or reclaim lands completely in a timely manner, the 
authorized officer shall require, prior to approval of the Application 
for Permit to Drill, a bond in an amount equal to the costs as estimated 
by the authorized officer of plugging the well and reclaiming the 
disturbed area involved in the proposed operation, or in the minimum 
amount as prescribed in this subpart, whichever is greater.
    (b) The authorized officer may require an increase in the amount of 
any bond whenever it is determined that the operator poses a risk due to 
factors, including, but not limited to, a history of previous 
violations, a notice from the Service that there are uncollected 
royalties due, or the total cost of plugging existing wells and 
reclaiming lands exceeds the present bond amount based on the estimates 
determined by the authorized officer. The increase in bond amount may be 
to any level specified by the authorized officer, but in no 
circumstances shall it exceed the total of the estimated costs of 
plugging and reclamation, the amount of uncollected royalties due to the 
Service, plus the amount of monies owed to the lessor due to previous 
violations remaining outstanding.
[53 FR 22839, June 17, 1988]



Sec. 3104.6  Where filed and number of copies.

    All bonds shall be filed in the proper BLM office on a current form 
approved by the Director. A single copy executed by the principal or, in 
the case of surety bonds, by both the principal and an acceptable surety 
is sufficient. A bond filed on a form not currently in use shall be 
acceptable, unless such form has been declared obsolete by the Director 
prior to the filing of such bond. For purposes of Secs. 3104.2 and 
3104.3(a) of this title, bonds or bond riders shall be filed in the 
Bureau State office having jurisdiction of the lease or operations 
covered by the bond or rider. Nationwide bonds may be filed in any 
Bureau State office (See Sec. 1821.2-1).
[53 FR 17354, May 16, 1988]



Sec. 3104.7  Default.

    (a) Where, upon a default, the surety makes a payment to the United 
States of an obligation incurred under a lease, the face amount of the 
surety bond or personal bonds and the surety's liability thereunder 
shall be reduced by the amount of such payment.
    (b) After default, where the obligation in default equals or is less 
than the face amount of the bond(s), the principal shall either post a 
new bond or restore the existing bond(s) to the amount previously held 
or a larger amount as determined by the authorized officer. In lieu 
thereof, the principal may file separate or substitute bonds for each 
lease covered by the deficient bond(s). Where the obligation incurred 
exceeds the face amount of the bond(s), the principal shall make full 
payment to the United States for all obligations incurred that are in 
excess of the face amount of the bond(s) and shall post a new bond in 
the amount previously held or such larger amount as determined by the 
authorized officer. The restoration of a bond or posting of a new bond 
shall be made within 6 months or less after receipt of notice from the 
authorized officer. Failure to comply with these requirements may 
subject all leases covered by such bond(s) to cancellation under the 
provisions of Sec. 3108.3 of this title.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17354, May 16, 1988]



Sec. 3104.8  Termination of period of liability.

    The authorized officer shall not give consent to termination of the 
period of liability of any bond unless an acceptable replacement bond 
has been filed or

[[Page 369]]

until all the terms and conditions of the lease have been met.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17355, May 16, 1988; 53 
FR 31867, Aug. 22, 1988]



            Subpart 3105--Cooperative Conservation Provisions



Sec. 3105.1  Cooperative or unit agreement.

    The suggested contents of such an agreement and the procedures for 
obtaining approval are contained in 43 CFR part 3180.



Sec. 3105.2  Communitization or drilling agreements.



Sec. 3105.2-1  Where filed.

    (a) Requests to communitize separate tracts shall be filed, in 
triplicate, with the proper BLM office.
    (b) Where a duly executed agreement is submitted for final 
Departmental approval, a minimum of 3 signed counterparts shall be 
submitted. If State lands are involved, 1 additional counterpart shall 
be submitted.



Sec. 3105.2-2  Purpose.

    When a lease or a portion thereof cannot be independently developed 
and operated in conformity with an established well-spacing or well-
development program, the authorized officer may approve communitization 
or drilling agreements for such lands with other lands, whether or not 
owned by the United States, upon a determination that it is in the 
public interest. Operations or production under such an agreement shall 
be deemed to be operations or production as to each lease committed 
thereto.



Sec. 3105.2-3  Requirements.

    (a) The communitization or drilling agreement shall describe the 
separate tracts comprising the drilling or spacing unit, shall show the 
apportionment of the production or royalties to the several parties and 
the name of the operator, and shall contain adequate provisions for the 
protection of the interests of the United States. The agreement shall be 
signed by or on behalf of all necessary parties and shall be filed prior 
to the expiration of the Federal lease(s) involved in order to confer 
the benefits of the agreement upon such lease(s).
    (b) The agreement shall be effective as to the Federal lease(s) 
involved only if approved by the authorized officer. Approved 
communitization agreements are considered effective from the date of the 
agreement or from the date of the onset of production from the 
communitized formation, whichever is earlier, except when the spacing 
unit is subject to a State pooling order after the date of first sale, 
then the effective date of the agreement may be the effective date of 
the order.
    (c) The public interest requirement for an approved communitization 
agreement shall be satisfied only if the well dedicated thereto has been 
completed for production in the communitized formation at the time the 
agreement is approved or, if not, that the operator thereafter commences 
and/or diligently continues drilling operations to a depth sufficient to 
test the communitized formation or establish to the satisfaction of the 
authorized officer that further drilling of the well would be 
unwarranted or impracticable. If an application is received for 
voluntary termination of a communitization agreement during its fixed 
term or such an agreement automatically expires at the end of its fixed 
term without the public interest requirement having been satisfied, the 
approval of that agreement by the authorized officer shall be invalid 
and no Federal lease shall be eligible for extension under Sec. 3107.4 
of this title.
[53 FR 17355, May 16, 1988]



Sec. 3105.3  Operating, drilling or development contracts.



Sec. 3105.3-1  Where filed.

    A contract submitted for approval under this section shall be filed 
with the proper BLM office, together with enough copies to permit 
retention of 5 copies by the Department after approval.



Sec. 3105.3-2  Purpose.

    Approval of operating, drilling or development contracts ordinarily 
shall be granted only to permit operators or

[[Page 370]]

pipeline companies to enter into contracts with a number of lessees 
sufficient to justify operations on a scale large enough to justify the 
discovery, development, production or transportation of oil or gas and 
to finance the same.



Sec. 3105.3-3  Requirements.

    The contract shall be accompanied by a statement showing all the 
interests held by the contractor in the area or field and the proposed 
or agreed plan for development and operation of the field. All the 
contracts held by the same contractor in the area or field shall be 
submitted for approval at the same time and full disclosure of the 
projects made.



Sec. 3105.4  Combination for joint operations or for transportation of oil.



Sec. 3105.4-1  Where filed.

    An application under this section together with sufficient copies to 
permit retention of 5 copies by the Department after approval shall be 
filed with the proper BLM office.
[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984]



Sec. 3105.4-2  Purpose.

    Upon obtaining approval of the authorized officer, lessees may 
combine their interests in leases for the purpose of constructing and 
carrying on the business of a refinery or of establishing and 
constructing as a common carrier a pipeline or lines or railroads to be 
operated and used by them jointly in the transportation of oil or gas 
from their wells or from the wells of other lessees.



Sec. 3105.4-3  Requirements.

    The application shall show a reasonable need for the combination and 
that it will not result in any concentration of control over the 
production or sale of oil and gas which would be inconsistent with the 
anti-monopoly provisions of law.



Sec. 3105.4-4  Rights-of-way.

    Rights-of-way for pipelines may be granted as provided in part 2880 
of this title.



Sec. 3105.5  Subsurface storage of oil and gas.



Sec. 3105.5-1  Where filed.

    (a) Applications for subsurface storage shall be filed in the proper 
BLM office.
    (b) Enough copies of the final agreement signed by all the parties 
in interest shall be submitted to permit the retention of 5 copies by 
the Department after approval.



Sec. 3105.5-2  Purpose.

    In order to avoid waste and to promote conservation of natural 
resources, the Secretary, upon application by the interested parties, 
may authorize the subsurface storage of oil and gas, whether or not 
produced from lands owned by the United States. Such authorization shall 
provide for the payment of such storage fee or rental on the stored oil 
or gas as may be determined adequate in each case, or, in lieu thereof, 
for a royalty other than that prescribed in the lease when such stored 
oil or gas is produced in conjunction with oil or gas not previously 
produced.



Sec. 3105.5-3  Requirements.

    The agreement shall disclose the ownership of the lands involved, 
the parties in interest, the storage fee, rental or royalty offered to 
be paid for such storage and all essential information showing the 
necessity for such project.



Sec. 3105.5-4  Extension of lease term.

    Any lease used for the storage of oil or gas shall be extended for 
the period of storage under an approved agreement. The obligation to pay 
annual lease rent continues during the extended period.



Sec. 3105.6  Consolidation of leases.

    Consolidation of leases may be approved by the authorized officer if 
it is determined that there is sufficient justification and it is in the 
public interest. Each application for consolidation of leases shall be 
considered on its own merits. Leases to different lessees for different 
terms, rental and royalty rates, and those containing provisions

[[Page 371]]

required by law that cannot be reconciled, shall not be consolidated. 
The effective date of a consolidated lease shall be that of the oldest 
lease involved in the consolidation.
[53 FR 17355, May 16, 1988]



      Subpart 3106--Transfers by Assignment, Sublease or Otherwise

    Source:  53 FR 17355, May 16, 1988, unless otherwise noted.



Sec. 3106.1  Transfers, general.

    (a) Leases may be transferred by assignment or sublease as to all or 
part of the acreage in the lease or as to either a divided or undivided 
interest therein. An assignment of a separate zone or deposit, or of 
part of a legal subdivision, shall be disapproved.
    (b) An assignment of less than 640 acres outside Alaska or of less 
than 2,560 acres within Alaska shall be disapproved unless the 
assignment constitutes the entire lease or is demonstrated to further 
the development of oil and gas to the satisfaction of the authorized 
officer. Execution and submission of a request for approval of such an 
assignment shall certify that the assignment would further the 
development of oil and gas, subject to the provisions of Sec. 3102.5-3 
of this title. The rights of the transferee to a lease or an interest 
therein shall not be recognized by the Department until the transfer has 
been approved by the authorized officer. A transfer may be withdrawn in 
writing, signed by the transferor and the transferee, if the transfer 
has not been approved by the authorized officer. A request for approval 
of a transfer of a lease or interest in a lease shall be filed within 90 
days from the date of its execution. The 90-day filing period shall 
begin on the date the transferor signs and dates the transfer. If the 
transfer is filed after the 90th day, the authorized officer may require 
verification that the transfer is still in force and effect. A transfer 
of production payments or overriding royalty or other similar payments, 
arrangements, or interests shall be filed in the proper BLM office but 
shall not require approval.
    (c) No transfer of an offer to lease or interest in a lease shall be 
approved prior to the issuance of the lease.
[53 FR 22839, June 17, 1988]



Sec. 3106.2  Qualifications of transferees.

    Transferees shall comply with the provisions of subpart 3102 of this 
title and post any bond that may be required.



Sec. 3106.3  Filing fees.

    Each transfer of record title or of operating rights (sublease) or 
each transfer of royalty interest, payment out of production or similar 
interest for each lease, when filed, shall be accompanied by a 
nonrefundable filing fee of $25. A transfer not accompanied by the 
required filing fee shall not be accepted and shall be returned.



Sec. 3106.4  Forms.



Sec. 3106.4-1  Transfers of record title and of operating rights (subleases).

    Each transfer of record title or of an operating right (sublease) 
shall be filed with the proper BLM office on a current form approved by 
the Director or exact reproductions of the front and back of such form. 
A transfer filed on a form not currently in use shall be acceptable, 
unless such form has been declared obsolete by the Director prior to the 
filing of the transfer. A separate form for each transfer, in 
triplicate, originally executed shall be filed for each lease out of 
which a transfer is made. Only 1 originally executed copy of a 
transferee's request for approval for each transfer shall be required, 
including in those instances where several transfers to a transferee 
have been submitted at the same time (See also Sec. 3106.4-3). Copies of 
documents other than the current form approved by the Director shall not 
be submitted. However, reference(s) to other documents containing 
information affecting the terms of the transfer may be made on the 
submitted form.

[[Page 372]]



Sec. 3106.4-2  Transfers of other interests, including royalty interests and production payments.

    (a) Each transfer of overriding royalty interest, payment out of 
production or similar interests created or reserved in a lease in 
conjunction with a transfer of record title or of operating rights 
(sublease) shall be described for each lease on the current form when 
filed.
    (b) Each transfer of overriding royalty interest, payment out of 
production or similar interests created or reserved in a lease 
independently of a transfer of record title or of operating rights 
(sublease), if not filed on the current form, shall be described and 
shall include the transferee's executed statement as to his/her 
qualifications under subpart 3102 of this title. A single executed copy 
of each such transfer of other interests for each lease shall be filed 
with the proper BLM office.



Sec. 3106.4-3  Mass transfers.

    (a) A mass transfer may be utilized in lieu of the provisions of 
Secs. 3106.4-1 and 3106.4-2 of this title when a transferor transfers 
interests of any type in a large number of Federal leases to the same 
transferee.
    (b) Three originally executed copies of the mass transfer shall be 
filed with each proper BLM office administering any lease affected by 
the mass transfer. The transfer shall be on a current form approved by 
the Director or an exact reproduction of both sides thereof, with an 
exhibit attached to each copy listing the following for each lease:
    (1) The serial number;
    (2) The type and percent of interest being conveyed; and
    (3) A description of the lands affected by the transfer in 
accordance with Sec. 3106.5 of this title.
    (c) One reproduced copy of the form required by paragraph (b) of 
this section shall be filed with the proper BLM office for each lease 
involved in the mass transfer. A copy of the exhibit for each lease may 
be limited to line items pertaining to individual leases as long as that 
line item includes the information required by paragraph (b) of this 
section.
    (d) A nonrefundable filing fee of $25 for each such interest 
transferred for each lease, in accordance with the provisions of 
Sec. 3106.3 of this title, shall accompany a mass transfer.



Sec. 3106.5  Description of lands.

    Each transfer of record title shall describe the lands involved in 
the same manner as the lands are described in the lease or in the manner 
required by Sec. 3110.5 of this title, except no land description is 
required when 100 percent of the entire area encompassed within a lease 
is conveyed.
[48 FR 33662, July 22, 1983, as amended at 55 FR 12350, Apr. 3, 1990]



Sec. 3106.6  Bonds.



Sec. 3106.6-1  Lease bond.

    Where a lease bond is maintained by the lessee or operating rights 
owner (sublessee) in connection with a particular lease, the transferee 
of record title interest or operating rights in such lease shall 
furnish, if bond coverage continues to be required, either a proper bond 
or consent of the surety under the existing bond to become co-principal 
on such bond if the transferor's bond does not expressly contain such 
consent. Where bond coverage is provided by an operator, the new 
operator shall furnish an appropriate replacement bond or provide 
evidence of consent of the surety under the existing bond to become co-
principal on such bond.



Sec. 3106.6-2  Statewide/nationwide bond.

    If the transferee is maintaining a statewide or nationwide bond, a 
lease bond shall not be required, but the amount of the bond may be 
increased to an amount determined by the authorized officer in 
accordance with the provisions of Sec. 3104.5 of this title.



Sec. 3106.7  Approval of transfer.



Sec. 3106.7-1  Failure to qualify.

    No transfer of record title or of operating rights (sublease) shall 
be approved if the transferee or any other parties in interest are not 
qualified to hold the transferred interest(s), or if the bond, should 
one be required, is insufficient. Transfers are approved for 
administrative purposes only. Approval does not warrant or certify that 
either

[[Page 373]]

party to a transfer holds legal or equitable title to a lease.



Sec. 3106.7-2  Continuing responsibility.

    The transferor and its surety shall continue to be responsible for 
the performance of all obligations under the lease until a transfer of 
record title or of operating rights (sublease) is approved by the 
authorized officer. If a transfer of record title is not approved, the 
obligation of the transferor and its surety to the United States shall 
continue as though no such transfer had been filed for approval. After 
approval of the transfer of record title, the transferee and its surety 
shall be responsible for the performance of all lease obligations, 
notwithstanding any terms in the transfer to the contrary. When a 
transfer of operating rights (sublease) is approved, the sublessee is 
responsible for all obligations under the lease rights transferred to 
the sublessee.



Sec. 3106.7-3  Lease account status.

    A transfer of record title or of operating rights (sublease) in a 
producing lease shall not be approved unless the lease account is in 
good standing.



Sec. 3106.7-4  Effective date of transfer.

    The signature of the authorized officer on the official form shall 
constitute approval of the transfer of record title or of operating 
rights (sublease) which shall take effect as of the first day of the 
lease month following the date of filing in the proper BLM office of all 
documents and statements required by this subpart and an appropriate 
bond, if one is required.



Sec. 3106.7-5  Effect of transfer.

    A transfer of record title to 100 percent of a portion of the lease 
segregates the transferred portion and the retained portion into 
separate leases. Each resulting lease retains the anniversary date and 
the terms and conditions of the original lease. A transfer of an 
undivided record title interest or a transfer of operating rights 
(sublease) shall not segregate the transferred and retained portions 
into separate leases.



Sec. 3106.8  Other types of transfers.



Sec. 3106.8-1  Heirs and devisees.

    (a) If an offeror, applicant, lessee or transferee dies, his/her 
rights shall be transferred to the heirs, devisees, executor or 
administrator of the estate, as appropriate, upon the filing of a 
statement that all parties are qualified to hold a lease in accordance 
with subpart 3102 of this title. No filing fee is required. A bond rider 
or replacement bond may be required for any bond(s) previously furnished 
by the decedent.
    (b) Any ownership or interest otherwise forbidden by the regulations 
in this group which may be acquired by descent, will, judgement or 
decree may be held for a period not to exceed 2 years after its 
acquisition. Any such forbidden ownership or interest held for a period 
of more than 2 years after acquisition shall be subject to cancellation.



Sec. 3106.8-2  Change of name.

    A change of name of a lessee shall be reported to the proper BLM 
office. No filing fee is required. The notice of name change shall be 
submitted in writing and be accompanied by a list of the serial numbers 
of the leases affected by the name change. If a bond(s) has been 
furnished, change of name may be made by surety consent or a rider to 
the original bond or by a replacement bond.



Sec. 3106.8-3  Corporate merger.

    Where a corporate merger affects leases situated in a State where 
the transfer of property of the dissolving corporation to the surviving 
corporation is accomplished by operation of law, no transfer of any 
affected lease interest is required. A notification of the merger shall 
be furnished with a list, by serial number, of all lease interests 
affected. No filing fee is required. A bond rider or replacement bond 
conditioned to cover the obligations of all affected corporations may be 
required by the authorized officer as a prerequisite to recognition of 
the merger.

[[Page 374]]



            Subpart 3107--Continuation, Extension or Renewal



Sec. 3107.1  Extension by drilling.

    Any lease on which actual drilling operations were commenced prior 
to the end of its primary term and are being diligently prosecuted at 
the end of the primary term or any lease which is part of an approved 
communitization agreement or cooperative or unit plan of development or 
operation upon which such drilling takes place, shall be extended for 2 
years subject to the rental being timely paid as required by Sec. 3103.2 
of this title, and subject to the provisions of Sec. 3105.2-3 and 
Sec. 3186.1 of this title, if applicable. Actual drilling operations 
shall be conducted in a manner that anyone seriously looking for oil or 
gas could be expected to make in that particular area, given the 
existing knowledge of geologic and other pertinent facts. In drilling a 
new well on a lease or for the benefit of a lease under the terms of an 
approved agreement or plan, it shall be taken to a depth sufficient to 
penetrate at least 1 formation recognized in the area as potentially 
productive of oil or gas, or where an existing well is reentered, it 
shall be taken to a depth sufficient to penetrate at least 1 new and 
deeper formation recognized in the area as potentially productive of oil 
or gas. The authorized officer may determine that further drilling is 
unwarranted or impracticable.
[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 17357, May 16, 1988; 53 FR 22839, June 17, 1988]



Sec. 3107.2  Production.



Sec. 3107.2-1  Continuation by production.

    A lease shall be extended so long as oil or gas is being produced in 
paying quantities.



Sec. 3107.2-2  Cessation of production.

    A lease which is in its extended term because of production in 
paying quantities shall not terminate upon cessation of production if, 
within 60 days thereafter, reworking or drilling operations on the 
leasehold are commenced and are thereafter conducted with reasonable 
diligence during the period of nonproduction. The 60-day period 
commences upon receipt of notification from the authorized officer that 
the lease is not capable of production in paying quantities.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17357, May 16, 1988; 53 
FR 22840, June 17, 1988]



Sec. 3107.2-3  Leases capable of production.

    No lease for lands on which there is a well capable of producing oil 
or gas in paying quantities shall expire because the lessee fails to 
produce the same, unless the lessee fails to place the lease in 
production within a period of not less than 60 days as specified by the 
authorized officer after receipt of notice by certified mail from the 
authorized officer to do so. Such production shall be continued unless 
and until suspension of production is granted by the authorized officer.
[48 FR 33662, July 22, 1983, as amended at 53 FR 22840, June 17, 1988; 
53 FR 31958, Aug. 22, 1988]



Sec. 3107.3  Extension for terms of cooperative or unit plan.



Sec. 3107.3-1  Leases committed to plan.

    Any lease or portion of a lease, except as described in Sec. 3107.3-
3 of this title, committed to a cooperative or unit plan that contains a 
general provision for allocation of oil or gas shall continue in effect 
so long as the lease or portion thereof remains subject to the plan; 
Provided, That there is production of oil or gas in paying quantities 
under the plan prior to the expiration date of such lease.



Sec. 3107.3-2  Segregation of leases committed in part.

    Any lease committed after July 29, 1954, to any cooperative or unit 
plan, which covers lands within and lands outside the area covered by 
the plan, shall be segregated, as of the effective date of unitization, 
into separate leases; one covering the lands committed to the plan, the 
other lands not committed to the plan. The segregated lease covering the 
nonunitized portion of the lands shall continue in force and effect for 
the term of the lease or for 2 years from the date of segregation, 
whichever is longer. However, for any

[[Page 375]]

lease segregated from a unit, if the public interest requirement for the 
unit is not satisfied, such segregation shall be declared invalid by the 
authorized officer. Further, the segregation shall be conditioned to 
state that no operations shall be approved on the segregated portion of 
the lease past the expiration date of the original lease until the 
public interest requirement of the unit has been satisfied.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17357, May 16, 1988]



Sec. 3107.3-3  20-year lease or any renewal thereof.

    Any lease issued for a term of 20 years, or any renewal thereof, 
committed to a cooperative or unit plan approved by the Secretary, or 
any portion of such lease so committed, shall continue in force so long 
as committed to the plan, beyond the expiration date of its primary 
term. This provision does not apply to that portion of any such lease 
which is not included in the cooperative or unit plan unless the lease 
was so committed prior to August 8, 1946.



Sec. 3107.4  Extension by elimination.

    Any lease eliminated from any approved or prescribed cooperative or 
unit plan or from any communitization or drilling agreement authorized 
by the Act and any lease in effect at the termination of such plan or 
agreement, unless relinquished, shall continue in effect for the 
original term of the lease or for 2 years after its elimination from the 
plan or agreement or after the termination of the plan or agreement, 
whichever is longer, and for so long thereafter as oil or gas is 
produced in paying quantities. No lease shall be extended if the public 
interest requirement for an approved cooperative or unit plan or a 
communitization agreement has not been satisifed as determined by the 
authorized officer.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17357, May 16, 1988]



Sec. 3107.5  Extension of leases segregated by assignment.



Sec. 3107.5-1  Extension after discovery on other segregated portions.

    Any lease segregated by assignment, including the retained portion, 
shall continue in effect for the primary term of the original lease, or 
for 2 years after the date of first discovery of oil or gas in paying 
quantities upon any other segregated portion of the original lease, 
whichever is the longer period.



Sec. 3107.5-2  Undeveloped parts of leases in their extended term.

    Undeveloped parts of leases retained or assigned out of leases which 
are in their extended term shall continue in effect for 2 years after 
the effective date of assignment, provided the parent lease was issued 
prior to September 2, 1960.



Sec. 3107.5-3  Undeveloped parts of producing leases.

    Undeveloped parts of leases retained or assigned out of leases which 
are extended by production, actual or suspended, or the payment of 
compensatory royalty shall continue in effect for 2 years after the 
effective date of assignment and for so long thereafter as oil or gas is 
produced in paying quantities.



Sec. 3107.6  Extension of reinstated leases.

    Where a reinstatement of a terminated lease is granted under 
Sec. 3108.2 of this title and the authorized officer finds that the 
reinstatement will not afford the lessee a reasonable opportunity to 
continue operations under the lease, the authorized officer may extend 
the term of such lease for a period sufficient to give the lessee such 
an opportunity. Any extension shall be subject to the following 
conditions:
    (a) No extension shall exceed a period equal to the unexpired 
portion of the lease or any extension thereof remaining at the date of 
termination.

[[Page 376]]

    (b) When the reinstatement occurs after the expiration of the term 
or extension thereof, the lease may be extended from the date the 
authorized officer grants the petition, but in no event for more than 2 
years from the date the reinstatement is authorized and so long 
thereafter as oil or gas is produced in paying quantities.
[48 FR 33662, July 22, 1983, as amended at 49 FR 30448, July 30, 1984; 
53 FR 17357, May 16, 1988]



Sec. 3107.7  Exchange leases: 20-year term.

    Any lease which issued for a term of 20 years, or any renewal 
thereof, or which issued in exchange for a 20-year lease prior to August 
8, 1946, may be exchanged for a new lease. Such new lease shall be 
issued for a primary term of 5 years. An application to exchange a lease 
for a new lease shall be filed, in triplicate, by the lessee at the 
proper BLM office, shall show full compliance by the applicant with the 
terms of the lease and applicable regulations, and shall be accompanied 
by a nonrefundable application fee of $75. Execution of the exchange 
lease by the applicant is certification of compliance with Sec. 3102.5 
of this title.
[48 FR 33662, July 22, 1983, as amended at 53 FR 22840, June 17, 1988]



Sec. 3107.8  Renewal leases.



Sec. 3107.8-1  Requirements.

    (a) Twenty year leases and renewals thereof may be renewed for 
successive terms of 10 years. Any application for renewal of a lease 
shall be made by the lessee, and may be joined in or consented to by the 
operator. The application shall show whether all monies due the United 
States have been paid and whether operations under the lease have been 
conducted in compliance with the applicable regulations.
    (b) The applicant or his/her operator shall furnish, in triplicate, 
with the application for renewal, copies of all agreements not 
theretofore filed providing for overriding royalties or other payments 
out of production from the lease which will be in existence as of the 
date of its expiration.
[48 FR 33662, July 22, 1988, as amended at 53 FR 22840, June 17, 1988]



Sec. 3107.8-2  Application.

    An application to renew shall be filed, in triplicate, in the proper 
BLM office at least 90 days, but not more than 6 months, prior to the 
expiration of its term and shall be accompanied by a nonrefundable 
filing fee of $75.



Sec. 3107.8-3  Approval.

    (a) Copies of the renewal lease, in triplicate, dated the first day 
of the month following the month in which the original lease terminated, 
shall be forwarded to the lessee for execution. Upon receipt of the 
executed lease forms, which constitutes certification of compliance with 
Sec. 3102.5 of this title, and any required bond, the authorized officer 
shall execute the lease and deliver 1 copy to the lessee.
    (b) If overriding royalties and payments out of production or 
similar interests in excess of 5 percent of gross production constitute 
a burden to lease operations that will retard, or impair, or cause 
premature abandonment, the lease application shall be suspended until 
overriding royalties and payments out of production or similar interests 
are reduced to not more then 5 percent of the value of the production. 
If the holders of outstanding overriding royalty or other interests 
payable out of production, the operator and the lessee are unable to 
enter into a mutually fair and equitable agreement, any of the parties 
may apply for a hearing at which all interested parties may be heard and 
written statements presented. Thereupon, a final decision will be 
rendered by the Department, outlining the conditions acceptable to it as 
a basis for a fair and reasonable adjustment of the excessive overriding 
royalties and other payments out of production and an opportunity shall 
be afforded within a fixed period of time to submit proof that such 
adjustment has been effected. Upon failure to submit

[[Page 377]]

such proof within the time so fixed, the application for renewal shall 
be denied.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17357, May 16, 1988; 53 
FR 22840, June 17, 1988]



Sec. 3107.9  Other types.



Sec. 3107.9-1  Payment of compensatory royalty.

    The payment of compensatory royalty shall extend the term of any 
lease for the period during which such compensatory royalty is paid and 
for a period of 1 year from the discontinuance of such payments.



Sec. 3107.9-2  Subsurface storage of oil and gas.

    See Sec. 3105.5-4 of this title.



         Subpart 3108--Relinquishment, Termination, Cancellation



Sec. 3108.1  Relinquishments.

    A lease or any legal subdivision thereof may be surrendered by the 
record title holder or the holder's duly authorized agent by filing a 
written relinquishment, in the proper BLM office. A relinquishment shall 
take effect on the date it is filed, subject to the continued obligation 
of the lessee and surety to make payments of all accrued rentals and 
royalties, to place all wells on the lands to be relinquished in 
condition for suspension by authorized shut-in or abandonment, and to 
complete reclamation of the leased lands or surface waters adversely 
affected by lease operations in a timely manner after abandonment or 
cessation of oil and gas operations on the lease, in accordance with the 
regulations and the terms of the lease.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17357, May 16, 1988; 53 
FR 22840, June 17, 1988]



Sec. 3108.2  Termination by operation of law and reinstatement.



Sec. 3108.2-1  Automatic termination.

    (a) Except as provided in paragraph (b) of this section, any lease 
on which there is no well capable of producing oil or gas in paying 
quantities shall automatically terminate by operation of law (30 U.S.C. 
188) if the lessee fails to pay the rental at the designated Service 
office on or before the anniversary date of such lease. However, if the 
designated Service office is closed on the anniversary date, a rental 
payment received on the next day the Service office is open to the 
public shall be considered as timely made.
    (b) If the rental payment due under a lease is paid on or before its 
anniversary date but the amount of the payment is deficient and the 
deficiency is nominal as defined in this section, or the amount of 
payment made was determined in accordance with the rental or acreage 
figure stated in a bill rendered by the designated Service office, or 
decision rendered by the authorized officer, and such figure is found to 
be in error resulting in a deficiency, such lease shall not have 
automatically terminated unless the lessee fails to pay the deficiency 
within the period prescribed in the Notice of Deficiency provided for in 
this section. A deficiency shall be considered nominal if it is not more 
than $100 or more than 5 percent of the total payment due, whichever is 
less. The designated Service office shall send a Notice of Deficiency to 
the lessee. The Notice shall be sent by certified mail, return receipt 
requested, and shall allow the lessee 15 days from the date of receipt 
or until the due date, whichever is later, to submit the full balance 
due to the designated Service office. If the payment required by the 
Notice is not paid within the time allowed, the lease shall have 
terminated by operation of law as of its anniversary date.
[48 FR 33662, July 22, 1983, as amended at 49 FR 11637, Mar. 27, 1984; 
49 FR 30448, July 30, 1984; 53 FR 17357, May 16, 1988]



Sec. 3108.2-2  Reinstatement at existing rental and royalty rates: Class I reinstatements.

    (a) Except as hereinafter provided, the authorized officer may 
reinstate a lease which has terminated for failure to pay on or before 
the anniversary date the full amount of rental due, provided that:
    (1) Such rental was paid or tendered within 20 days after the 
anniversary date; and
    (2) It is shown to the satisfaction of the authorized officer that 
the failure

[[Page 378]]

to timely submit the full amount of the rental due was either justified 
or not due to a lack of reasonable diligence on the part of the lessee 
(reasonable diligence shall include a rental payment which is postmarked 
by the U.S. Postal Service, common carrier, or their equivalent (not 
including private postal meters) on or before the lease anniversary date 
or, if the designated Service office is closed on the anniversary date, 
postmarked on the next day the Service office is open to the public); 
and
    (3) A petition for reinstatement, together with a nonrefundable 
filing fee of $25 and the required rental, including any back rental 
which has accrued from the date of the termination of the lease, is 
filed with the proper BLM office within 60 days after receipt of Notice 
of Termination of Lease due to late payment of rental. If a terminated 
lease becomes productive prior to the time the lease is reinstated, all 
required royalty that has accrued shall be paid to the Service.
    (b) The burden of showing that the failure to pay on or before the 
anniversary date was justified or not due to lack of reasonable 
diligence shall be on the lessee.
    (c) Under no circumstances shall a terminated lease be reinstated 
if:
    (1) A valid oil and gas lease has been issued prior to the filing of 
a petition for reinstatement affecting any of the lands covered by that 
terminated lease; or
    (2) The oil and gas interests of the United States in the lands have 
been disposed of or otherwise have become unavailable for leasing.
    (d) The authorized officer shall not issue a lease for lands which 
have been covered by a lease which terminated automatically until 90 
days after the date of termination.
[49 FR 30448, July 30, 1984, as amended at 53 FR 17357, May 16, 1988]



Sec. 3108.2-3  Reinstatement at higher rental and royalty rates: Class II reinstatements.

    (a) The authorized officer may, if the requirements of this section 
are met, reinstate an oil and gas lease which was terminated by 
operation of law for failure to pay rental timely when the rental was 
not paid or tendered within 20 days of the termination date and it is 
shown to the satisfaction of the authorized officer that such failure 
was justified or not due to a lack of reasonable diligence, or no matter 
when the rental was paid, it is shown to the satisfaction of the 
authorized officer that such failure was inadvertent.
    (b)(1) For leases that terminate on or after January 12, 1983, 
consideration may be given to reinstatement if the required back rental 
and royalty at the increased rates accruing from the date of 
termination, together with a petition for reinstatement, are filed on or 
before the earlier of:
    (i) Sixty days after the receipt of the Notice of Termination sent 
to the lessee of record; or
    (ii) Fifteen months after termination of the lease.
    (2) After determining that the requirements for filing of the 
petition for reinstatement have been timely met, the authorized officer 
may reinstate the lease if:
    (i) No valid lease has been issued prior to the filing of the 
petition for reinstatement affecting any of the lands covered by the 
terminated lease, whether such lease is still in effect or not;
    (ii) The oil and gas interests of the United States in the lands 
have not been disposed of or have not otherwise become unavailable for 
leasing;
    (iii) Payment of all back rentals and royalties at the rates 
established for the reinstated lease, including the release to the 
United States of funds being held in escrow, as appropriate;
    (iv) An agreement has been signed by the lessee and attached to and 
made a part of the lease specifying future rentals at the applicable 
rates specified for reinstated leases in Sec. 3103.2-2 of this title and 
future royalties at the rates set in Sec. 3103.3-1 of this title for all 
production removed or sold from such lease or shared by such lease from 
production allocated to the lease by virtue of its participation in a 
unit or communitization agreement or other form of approved joint 
development agreement or plan;
    (v) A notice of the proposed reinstatement of the terminated lease 
and

[[Page 379]]

the terms and conditions of reinstatement has been published in the 
Federal Register at least 30 days prior to the date of reinstatement for 
which the lessee shall reimburse the Bureau for the full costs incurred 
in the publishing of said notice; and
    (vi) The lessee has paid the Bureau a nonrefundable administrative 
fee of $500.
    (c) The authorized officer shall not, after the receipt of a 
petition for reinstatement, issue a new lease affecting any of the lands 
covered by the terminated lease until all action on the petition is 
final.
    (d) The authorized officer shall furnish to the Chairpersons of the 
Committee on Interior and Insular Affairs of the House of 
Representatives and of the Committee on Energy and Natural Resources of 
the Senate, at least 30 days prior to the date of reinstatement, a copy 
of the notice, together with information concerning rental, royalty, 
volume of production, if any, and any other matter which the authorized 
officer considers significant in making the determination to reinstate.
    (e) If the authorized officer reinstates the lease, the 
reinstatement shall be as of the date of termination, for the unexpired 
portion of the original lease or any extension thereof remaining on the 
date of termination, and so long thereafter as oil or gas is produced in 
paying quantities. Where a lease is reinstated under this section and 
the authorized officer finds that the reinstatement of such lease either 
(1) occurs after the expiration of the primary term or any extension 
thereof, or (2) will not afford the lessee a reasonable opportunity to 
continue operations under the lease, the authorized officer may extend 
the term of the reinstated lease for such period as determined 
reasonable, but in no event for more than 2 years from the date of the 
reinstatement and so long thereafter as oil or gas is produced in paying 
quantities.
    (f) The authorized officer may, either in acting on a petition for 
reinstatement or in response to a request filed after reinstatement, or 
both, reduce the royalty in that reinstated lease on the entire 
leasehold or any tract or portion thereof segregated for royalty 
purposes, if he/she determines there are either economic or other 
circumstances which could cause undue economic hardship or premature 
termination of production; or because of any written action of the 
United States, its agents or employees, which preceded, and was a major 
consideration in, the lessee's expenditure of funds to develop the lands 
covered by the lease after the rental had become due and had not been 
paid; or if the authorized officer determines it is equitable to do so 
for any other reason.
[49 FR 30449, July 30, 1984]



Sec. 3108.2-4  Conversion of unpatented oil placer mining claims: Class III reinstatements.

    (a) For any unpatented oil placer mining claim validly located prior 
to February 24, 1920, which has been or is currently producing or is 
capable of producing oil or gas, and has been or is deemed after January 
12, 1983, conclusively abandoned for failure to file timely the required 
instruments or copies of instruments required by section 314 of the 
Federal Land Policy and Management Act (43 U.S.C. 1744), and it is shown 
to the satisfaction of the authorized officer that such failure was 
inadvertent, justifiable or not due to lack of reasonable diligence on 
the part of the owner, the authorized officer may issue, for the lands 
covered by the abandoned unpatented oil placer mining claim, a 
noncompetitive oil and gas lease consistent with the provisions of 
section 17(e) of the Act (30 U.S.C. 226(e)). The effective date of any 
lease issued under this section shall be from the statutory date that 
the claim was deemed conclusively abandoned.
    (b) The authorized officer may issue a noncompetitive oil and gas 
lease if a petition has been filed in the proper BLM office for the 
issuance of a noncompetitive oil and gas lease accompanied by the 
required rental and royalty, including back rental and royalty accruing, 
at the rates specified in Secs. 3103.2-2 and 3103.3-1 of this title, for 
any claim deemed conclusively abandoned after January 12, 1983. The 
petition shall have been filed on or before the 120th day after the 
final notification by the Secretary or a court of

[[Page 380]]

competent jurisdiction of the determination of the abandonment of the 
oil placer mining claim.
    (c) The authorized officer shall not issue a noncompetitive oil and 
gas lease under this section if a valid oil and gas lease has been 
issued affecting any of the lands covered by the abandoned oil placer 
mining claim prior to the filing of the petition for issuance of a 
noncompetitive oil and gas lease.
    (d) After the filing of a petition for issuance of a noncompetitive 
oil and gas lease covering an abandoned oil placer claim, the authorized 
officer shall not issue any new lease affecting any lands covered by 
such petition until all action on the petition is final.
    (e) Any noncompetitive lease issued under this section shall 
include:
    (1) Terms and conditions for the payment of rental in accordance 
with Sec. 3103.2-2(j) of this title. Payment of back rentals accruing 
from the date of abandonment of the oil placer mining claim, at the 
rental set by the authorized officer, shall be made prior to the lease 
issuance.
    (2) Royalty rates set in accordance with Sec. 3103.3-1 of this 
title. Royalty shall be paid at the rate established by the authorized 
officer on all production removed or sold from the oil placer mining 
claim, including all royalty on production made subsequent to the date 
the claim was deemed conclusively abandoned prior to the lease issuance.
    (f) Noncompetitive oil and gas leases issued under this section 
shall be subject to all regulations in part 3100 of this title except 
for those terms and conditions mandated by Title IV of the Federal Oil 
and Gas Royalty Management Act.
    (g) A notice of the proposed conversion of the oil placer mining 
claim into a noncompetitive oil and gas lease, including the terms and 
conditions of conversion, shall be published in the Federal Register at 
least 30 days prior to the issuance of a noncompetitive oil and gas 
lease. The mining claim owner shall reimburse the Bureau for the full 
costs incurred in the publishing of said notice.
    (h) The mining claim owner shall pay the Bureau a nonrefundable 
administrative fee of $500 prior to the issuance of the noncompetitive 
lease.
    (i) The authorized officer may, either in acting on a petition to 
issue a noncompetitive oil and gas lease or in response to a request 
filed after issuance, or both, reduce the royalty in such lease, if he/
she determines there are either economic or other circumstances which 
could cause undue economic hardship or premature termination of 
production.
[49 FR 30449, July 30, 1984, as amended at 53 FR 17357, May 16, 1988; 53 
FR 22840, June 17, 1988]



Sec. 3108.3  Cancellation.

    (a) Whenever the lessee fails to comply with any of the provisions 
of the law, the regulations issued thereunder, or the lease, the lease 
may be canceled by the Secretary, if the leasehold does not contain a 
well capable of production of oil or gas in paying quantities, or if the 
lease is not committed to an approved cooperative or unit plan or 
communitization agreement that contains a well capable of production of 
unitized substances in paying quantities. The lease may be canceled only 
after notice to the lessee in accordance with section 31(b) of the Act 
and only if default continues for the period prescribed in that section 
after service of 30 days notice of failure to comply.
    (b) Whenever the lessee fails to comply with any of the provisions 
of the law, the regulations issued thereunder, or the lease, and if the 
leasehold contains a well capable of production of oil or gas in paying 
quantities, or if the lease is committed to an approved cooperative or 
unit plan or communitization agreement that contains a well capable of 
production of unitized substances in paying quantities, the lease may be 
canceled only by judicial proceedings in the manner provided by section 
31(a) of the Act.
    (c) If any interest in any lease is owned or controlled, directly or 
indirectly, by means of stock or otherwise, in violation of any of the 
provisions of the act, the lease may be canceled, or the interest so 
owned may be forfeited, or the person so owning or controlling the 
interest may be compelled to dispose of the interest, only by judicial

[[Page 381]]

proceedings in the manner provided by section 27(h)(1) of the Act.
    (d) Leases shall be subject to cancellation if improperly issued.
[48 FR 33662, July 22, 1983, as amended at 53 FR 22840, June 17, 1988; 
53 FR 31868, Aug. 22, 1988]



Sec. 3108.4  Bona fide purchasers.

    A lease or interest therein shall not be cancelled to the extent 
that such action adversely affects the title or interest of a bona fide 
purchaser even though such lease or interest, when held by a predecessor 
in title, may have been subject to cancellation. All purchasers shall be 
charged with constructive notice as to all pertinent regulations and all 
Bureau records pertaining to the lease and the lands covered by the 
lease. Prompt action shall be taken to dismiss as a party to any 
proceedings with respect to a violation by a predecessor of any 
provisions of the act, any person who shows the holding of an interest 
as a bona fide purchaser without having violated any provisions of the 
Act. No hearing shall be necessary upon such showing unless prima facie 
evidence is presented that the purchaser is not a bona fide purchaser.
[48 FR 33662, July 22, 1983; 48 FR 39225, Aug. 30, 1983, as amended at 
53 FR 17357, May 16, 1988]



Sec. 3108.5  Waiver or suspension of lease rights.

    If, during any proceeding with respect to a violation of any 
provisions of the regulations in Groups 3000 and 3100 of this title or 
the act, a party thereto files a waiver of his/her rights under the 
lease to drill or to assign his/her lease interests, or if such rights 
are suspended by order of the Secretary pending a decision, payments of 
rentals and the running of time against the term of the lease involved 
shall be suspended as of the first day of the month following the filing 
of the waiver or the Secretary's suspension until the first day of the 
month following the final decision in the proceeding or the revocation 
of the waiver or suspension.
[53 FR 17357, May 16, 1988; 53 FR 22840, June 17, 1988]



                Subpart 3109--Leasing Under Special Acts



Sec. 3109.1  Rights-of-way.



Sec. 3109.1-1  Generally.

    The Act of May 21, 1930 (30 U.S.C. 301-306), authorizes either the 
leasing of oil and gas deposits under railroad and other rights-of-way 
to the owner of the right-of-way or the entering of a compensatory 
royalty agreement with adjoining landowners. This authority shall be 
exercised only with respect to railroad rights-of-way and easements 
issued pursuant either to the Act of March 3, 1875 (43 U.S.C. 934 et 
seq.), or pursuant to earlier railroad right-of-way statutes, and with 
respect to rights-of-way and easements issued pursuant to the Act of 
March 3, 1891 (43 U.S.C. 946 et seq.). The oil and gas underlying any 
other right-of-way or easement is included within any oil and gas lease 
issued pursuant to the Act which covers the lands within the right-of-
way, subject to the limitations on use of the surface, if any, set out 
in the statute under which, or permit by which, the right-of-way or 
easement was issued, and such oil and gas shall not be leased under the 
Act of May 21, 1930.



Sec. 3109.1-2  Application.

    No approved form is required for an application to lease lands in a 
right-of-way. Applications shall be filed in the proper BLM office. Such 
applications shall be filed by the owner of the right-of-way or by his/
her transferee and be accompanied by a nonrefundable filing fee of $75, 
and if filed by a transferee, by a duly executed transfer of the right 
to lease. The application shall detail the facts as to the ownership of 
the right-of-way, and of the transfer if the application is filed by a 
transferee; the development of oil or gas in adjacent or nearby lands, 
the location and depth of the wells, the production and the probability 
of drainage of the deposits in the right-of-way. A description by metes 
and bounds of the right-of-way is not required but each legal 
subdivision through which a portion of the right-

[[Page 382]]


of-way desired to be leased extends shall be described.
[53 FR 17357, May 16, 1988; 53 FR 22840, June 17, 1988]



Sec. 3109.1-3  Notice.

    After the Bureau of Land Management has determined that a lease of a 
right-of-way or any portion thereof is consistent with the public 
interest, either upon consideration of an application for lease or on 
its own motion, the authorized officer shall serve notice on the owner 
or lessee of the oil and gas rights of the adjoining lands. The 
adjoining land owner or lessee shall be allowed a reasonable time, as 
provided in the notice, within which to submit a bid for the amount or 
percent of compensatory royalty, the owner or lessee shall pay for the 
extraction of the oil and gas underlying the right-of-way through wells 
on such adjoining lands. The owner of the right-of-way shall be given 
the same time period to submit a bid for the lease.



Sec. 3109.1-4  Award of lease or compensatory royalty agreement.

    Award of lease to the owner of the right-of-way, or a contract for 
the payment of compensatory royalty by the owner or lessee of the 
adjoining lands shall be made to the bidder whose offer is determined by 
the authorized officer to be to the best advantage of the United States, 
considering the amount of royalty to be received and the better 
development under the respective means of production and operation.



Sec. 3109.1-5  Compensatory royalty agreement or lease.

    (a) The lease or compensatory royalty agreement shall be on a form 
approved by the Director.
    (b) The royalty to be charged shall be fixed by the Bureau of Land 
Mangement in accordance with the provisions of Sec. 3103.3 of this 
title, but shall not be less than 12\1/2\ percent.
    (c) The term of the lease shall be for a period of not more than 20 
years.



Sec. 3109.2  Units of the National Park System.

    (a) Oil and gas leasing in units of the National Park System shall 
be governed by 43 CFR Group 3100 and all operations conducted on a lease 
or permit in such units shall be governed by 43 CFR parts 3160 and 3180.
    (b) Any lease or permit respecting minerals in units of the National 
Park System shall be issued or renewed only with the consent of the 
Regional Director, National Park Service. Such consent shall only be 
granted upon a determination by the Regional Director that the activity 
permitted under the lease or permit will not have significant adverse 
effect upon the resources or administration of the unit pursuant to the 
authorizing legislation of the unit. Any lease or permit issued shall be 
subject to such conditions as may be prescribed by the Regional Director 
to protect the surface and significant resources of the unit, to 
preserve their use for public recreation, and to the condition that site 
specific approval of any activity on the lease will only be given upon 
concurrence by the Regional Director. All lease applications received 
for reclamation withdrawn lands shall also be submitted to the Bureau of 
Reclamation for review.
    (c) The units subject to the regulations in this part are those 
units of land and water which are shown on the following maps on file 
and available for public inspection in the office of the Director of the 
National Park Service and in the Superintendent's Office of each unit. 
The boundaries of these units may be revised by the Secretary as 
authorized in the Acts.
    (1) Lake Mead National Recreation Area--The map identified as 
``boundary map, 8360-80013B, revised February 1986.
    (2) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area--The map identified as ``Proposed Whiskeytown-Shasta-
Trinity National Recreation Area,'' numbered BOR-WST 1004, dated July 
1963.
    (3) Ross Lake and Lake Chelan National Recreation Areas--The map 
identified as ``Proposed Management Units, North Cascades, Washington,'' 
numbered NP-CAS-7002, dated October 1967.
    (4) Glen Canyon National Recreation Area--the map identified as 
``boundary map, Glen Canyon National Recreation Area,'' numbered GLC-
91,006, dated August 1972.

[[Page 383]]

    (d) The following excepted units shall not be open to mineral 
leasing:
    (1) Lake Mead National Recreation Area. (i) All waters of Lakes Mead 
and Mohave and all lands within 300 feet of those lakes measured 
horizontally from the shoreline at maximum surface elevation;
    (ii) All lands within the unit of supervision of the Bureau of 
Reclamation around Hoover and Davis Dams and all lands outside of 
resource utilization zones as designated by the Superintendent on the 
map (602-2291B, dated October 1987) of Lake Mead National Recreation 
Area which is available for inspection in the Office of the 
Superintendent.
    (2) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area. (i) All waters of Whiskeytown Lake and all lands within 
1 mile of that lake measured from the shoreline at maximum surface 
elevation;
    (ii) All lands classified as high density recreation, general 
outdoor recreation, outstanding natural and historic, as shown on the 
map numbered 611-20,004B, dated April 1979, entitled ``Land 
Classification, Whiskeytown Unit, Whiskeytown-Shasta-Trinity National 
Recreation Area.'' This map is available for public inspection in the 
Office of the Superintendent;
    (iii) All lands within section 34 of Township 33 north, Range 7 
west, Mt. Diablo Meridian.
    (3) Ross Lake and Lake Chelan National Recreation Areas. (i) All of 
Lake Chelan National Recreation Area;
    (ii) All lands within \1/2\ mile of Gorge, Diablo and Ross Lakes 
measured from the shoreline at maximum surface elevation;
    (iii) All lands proposed for or designated as wilderness;
    (iv) All lands within \1/2\ mile of State Highway 20;
    (v) Pyramid Lake Research Natural Area and all lands within \1/2\ 
mile of its boundaries.
    (4) Glen Canyon National Recreation Area. Those units closed to 
mineral disposition within the natural zone, development zone, cultural 
zone and portions of the recreation and resource utilization zone as 
shown on the map numbered 80,022A, dated March 1980, entitled ``Mineral 
Management Plan--Glen Canyon National Recreation Area.'' This map is 
available for public inspection in the Office of the Superintendent and 
the office of the State Directors, Bureau of Land Management, Arizona 
and Utah.
[48 FR 33662, July 22, 1983, as amended at 53 FR 17358, May 16, 1988; 53 
FR 22840, June 17, 1988]



Sec. 3109.2-1  Authority to lease. [Reserved]



Sec. 3109.2-2  Area subject to lease. [Reserved]



Sec. 3109.3  Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity National Recreation Area.

    Section 6 of the Act of November 8, 1965 (Pub. L. 89-336), 
authorizes the Secretary to permit the removal of oil and gas from lands 
within the Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
National Recreation Area in accordance with the act or the Mineral 
Leasing Act for Acquired Lands. Subject to the determination by the 
Secretary of Agriculture that removal will not have significant adverse 
effects on the purposes of the Central Valley project or the 
administration of the recreation area.
[48 FR 33662, July 22, 1983. Redesignated at 53 FR 22840, June 17, 1988]



PART 3110--NONCOMPETITIVE LEASES--Table of Contents




                   Subpart 3110--Noncompetitive Leases

Sec.
3110.1  Lands available for noncompetitive offer and lease.
3110.2  Priority.
3110.3  Lease terms.
3110.3-1  Duration of lease.
3110.3-2  Dating of leases.
3110.3-3  Lease offer size.
3110.4  Requirements for offer.
3110.5  Description of lands in offer.
3110.5-1  Parcel number description.
3110.5-2  Public domain.
3110.5-3  Acquired lands.
3110.5-4  Accreted lands.
3110.5-5  Conflicting descriptions.
3110.6  Withdrawal of offer.
3110.7  Action on offer.
3110.8  Amendment to lease.
3110.9  Future interest offers.
3110.9-1  Availability.

[[Page 384]]

3110.9-2  Form of offer.
3110.9-3  Fractional present and future interest.
3110.9-4  Future interest terms and conditions.

    Authority:  Mineral Leasing Act of 1920, as amended and supplemented 
(30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands 
Conservation Act, as amended (16 U.S.C. 3101 et seq.), Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Omnibus 
Budget Reconciliation Act of 1981 (Pub. L. 97-35), and the Independent 
Offices Appropriations Act of 1952 (31 U.S.C. 483a).

    Source:  53 FR 22840, June 17, 1988, unless otherwise noted.



                   Subpart 3110--Noncompetitive Leases



Sec. 3110.1  Lands available for noncompetitive offer and lease.

    (a) Offer. (1) Effective June 12, 1988, through January 2, 1989, 
noncompetitive lease offers may be filed only for lands available under 
Sec. 3110.1(b) of this title. Noncompetitive lease offers filed after 
December 22, 1987, and prior to June 12, 1988, for lands available for 
filing under Sec. 3110.1(a) of this title shall receive priority. Such 
offers shall be exposed to competitive bidding under subpart 3120 of 
this title and if no bid is received, a noncompetitive lease shall be 
issued all else being regular. After January 2, 1989, noncompetitive 
lease offers may be filed on unleased lands, except for:
    (i) Those lands which are in the one-year period commencing upon the 
expiration, termination, relinquishment, or cancellation of the leases 
containing the lands; and
    (ii) Those lands included in a Notice of Competitive Lease Sale or a 
List of Lands Available for Competitive Nominations. Neither exception 
is applicable to lands available under Sec. 3110.1(b) of this title.
    (2) Noncompetitive lease offers may be made pursuant to an opening 
order or other notice and shall be subject to all provisions and 
procedures stated in such order or notice.
    (3) No noncompetitive lease may issue for any lands unless and until 
they have satisfied the requirements of Sec. 3110.1(b) of this title.
    (b) Lease. Only lands that have been offered competitively under 
subpart 3120 of this title, and for which no bid has been received, 
shall be available for noncompetitive lease. Such lands shall become 
available for a period of 2 years beginning on the first business day 
following the last day of the competitive oral auction, or when formal 
nominations have been requested as specified in Sec. 3120.3-1 of this 
title, or the first business day following the posting of the Notice of 
Competitive Lease Sale, and ending on that same day 2 years later. A 
lease may be issued from an offer properly filed any time within the 2-
year noncompetitive leasing period.
[53 FR 22840, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3110.2  Priority.

    (a) Offers filed for lands available for noncompetitive offer or 
lease, as specified in Secs. 3110.1(a)(1) and 3110.1(b) of this title, 
shall receive priority as of the date and time of filing as specified in 
Sec. 1821.2-3(a) of this title, except that all noncompetitive offers 
shall be considered simultaneously filed if received in the proper BLM 
office any time during the first business day following the last day of 
the competitive oral auction, or when formal nominations have been 
requested as specified in Sec. 3120.3-1 of this title, on the first 
business day following the posting of the Notice of Competitive Lease 
Sale. An offer shall not be available for public inspection the day it 
is filed.
    (b) If more than 1 application was filed for the same parcel in 
accordance with the regulations contained in former subpart 3112 of this 
title, and if no lease has been issued by the authorized officer prior 
to the effective date of these regulations, only a single priority 
application shall be selected from the filings. If the selected 
application fails to mature into a lease, the lands shall be available 
for offer under Sec. 3110.1(a) of this title.



Sec. 3110.3  Lease terms.



Sec. 3110.3-1  Duration of lease.

    All noncompetitive leases shall be for a primary term of 10 years.
[53 FR 22840, June 17, 1988; 53 FR 31958, Aug. 22, 1988]

[[Page 385]]



Sec. 3110.3-2  Dating of leases.

    All noncompetitive leases shall be considered issued when signed by 
the authorized officer. Noncompetitive leases, except future interest 
leases issued under Sec. 3110.9 of this title, shall be effective as of 
the first day of the month following the date the leases are issued. A 
lease may be made effective on the first day of the month within which 
it is issued if a written request is made prior to the date of signature 
of the authorized officer. Future interest leases issued under 
Sec. 3110.9 of this title shall be effective as of the date the mineral 
interests vest in the United States.



Sec. 3110.3-3  Lease offer size.

    (a) Lease offers for public domain minerals shall not be made for 
less than 640 acres or 1 full section, whichever is larger, where the 
lands have been surveyed under the rectangular survey system or are 
within an approved protracted survey, except where the offer includes 
all available lands within a section and there are no contiguous lands 
available for lease. Such public domain lease offers in Alaska shall not 
be made for less than 2,560 acres or 4 full contiguous sections, 
whichever is larger, where the lands have been surveyed under the 
rectangular survey system or are within an approved protracted survey, 
except where the offer includes all available lands within the subject 
section and there are no contiguous lands available for lease. Where an 
offer exceeds the minimum 640-acre provision of this paragraph, the 
offer may include less than all available lands in any given section. 
Cornering lands are not considered contiguous lands. This paragraph 
shall not apply to offers made under Sec. 3108.2-4 of this title or 
where the offer is filed on an entire parcel as it was offered by the 
Bureau in a competitive sale during that period specified under 
Sec. 3110.5-1 of this title.
    (b) An offer to lease public domain or acquired lands may not 
include more than 10,240 acres. The lands in an offer shall be entirely 
within an area of 6 miles square or within an area not exceeding 6 
surveyed sections in length or width measured in cardinal directions. An 
offer to lease acquired lands may exceed the 6 mile square limit if:
    (1) The lands are not surveyed under the rectangular survey system 
of public land surveys and are not within the area of the public land 
surveys; and
    (2) The tract desired is described by the acquisition or tract 
number assigned by the acquiring agency and less than 50 percent of the 
tract lies outside the 6 mile square area, and such acquisition or tract 
number is provided in accordance with Sec. 3110.5-2(d) of this title in 
lieu of any other description.
    (c) If an offer exceeds the 10,240 acre maximum by not more than 160 
acres, the offeror shall be granted 30 days from notice of the excess to 
withdraw the excess acreage from the offer, failing which the offer 
shall be rejected and priority lost.



Sec. 3110.4  Requirements for offer.

    (a) An offer to lease shall be made on a current form approved by 
the Director, or on unofficial copies of that form in current use. For 
noncompetitive leases processed under Sec. 3108.2-4 of this title, the 
current lease form shall be used. Copies shall be exact reproductions on 
1 page of both sides of the official approved form, without additions, 
omissions, or other changes, or advertising. The original copy of each 
offer shall be typewritten or printed plainly in ink, signed in ink and 
dated by the offeror or the offeror's duly authorized agent, and shall 
be accompanied by the first year's rental and a nonrefundable filing fee 
of $75. The original and 2 copies of each offer to lease, with each copy 
showing that the original has been signed, shall be filed in the proper 
BLM office. A noncompetitive offer to lease a future interest applied 
for under ``Sec. 3110.9'' of this title shall be accompanied by a 
nonrefundable filing fee of $75. Where remittances for offers are 
returned for insufficient funds, the offer shall not obtain priority of 
filing until the date the remittance is properly made.
    (b) Where a correction to an offer is made, whether at the option of 
the offeror or at the request of the authorized officer, it shall gain 
priority as of the date the filing is correct and complete. The priority 
that existed before the date the corrected offer is filed,

[[Page 386]]

may be defeated by an intervening offer to the extent of any conflict in 
such offers, except as provided under Secs. 3103.2-1(a) and 3110.3-3(c) 
of this title.
    (c) An offer shall be limited to either public domain minerals or 
acquired lands minerals, subject to the provisions for corrections under 
paragraph (b) of this section.
    (d) Compliance with subpart 3102 shall be required.
    (e) All offers for leases should name the United States agency from 
which consent to the issuance of a lease shall be obtained, or the 
agency that may have title records covering the ownership for the 
mineral interest involved, and identify the project, if any, of which 
the lands covered by the offer are a part.
[53 FR 22840, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3110.5  Description of lands in offer.



Sec. 3110.5-1  Parcel number description.

    From the first day following the end of a competitive process until 
the end of that same month, the only acceptable description for a 
noncompetitive lease offer for the lands covered by that competitive 
process shall be the parcel number on the List of Lands Available for 
Competitive Nominations or the Notice of Competitive Lease Sale, 
whichever is appropriate. Each such offer shall contain only a single 
parcel. Thereafter, the description of the lands shall be made in 
accordance with the remainder of this section.



Sec. 3110.5-2  Public domain.

    (a) If the lands have been surveyed under the public land 
rectangular survey system, each offer shall describe the lands by legal 
subdivision, section, township, range, and, if needed, meridian.
    (b) If the lands have not been surveyed under the public land 
rectangular system, each offer shall describe the lands by metes and 
bounds, giving courses and distances between the successive angle points 
on the boundary of the tract, and connected by courses and distances to 
an official corner of the public land surveys.
    (c) When protracted surveys have been approved and the effective 
date thereof published in the Federal Register, all offers to lease 
lands shown on such protracted surveys, filed on or after such effective 
date, shall describe the lands in the same manner as provided in 
paragraph (a) of this section for officially surveyed lands.
    (d)(1) Where offers are pending for unsurveyed lands that are 
subsequently surveyed or protracted before the lease issuance, the 
description in the lease shall be conformed to the subdivisions of the 
approved protracted survey or the public land survey, whichever is 
appropriate.
    (2) The description of lands in an existing lease shall be conformed 
to a subsequent resurvey or amended protraction survey, whichever is 
appropriate.
    (e) The requirements of this section shall apply to applications for 
conversion of abandoned unpatented oil placer mining claims made under 
Sec. 3108.2-4 of this title, except that deficiencies shall be curable.



Sec. 3110.5-3  Acquired lands.

    (a) If the lands applied for lie within and conform to the 
rectangular system of public land surveys and constitute either all or a 
portion of the tract acquired by the United States, such lands shall be 
described by legal subdivision, section, township, range, and, if 
needed, meridian.
    (b) If the lands applied for do not conform to the rectangular 
system of public land surveys, but lie within an area of the public land 
surveys and constitute the entire tract acquired by the United States, 
such lands shall be described by metes and bounds, giving courses and 
distances between the successive angle points with appropriate ties to 
the nearest official survey corner, or a copy of the deed or other 
conveyance document by which the United States acquired title to the 
lands may be attached to the offer and referred to therein in lieu of 
redescribing the lands on the offer form. If the desired lands 
constitute less than the entire tract acquired by the United States, 
such lands shall be described by metes and bounds, giving courses and 
distances between the successive angle points with appropriate ties to 
the nearest official survey corner. If a portion of the

[[Page 387]]

boundary of the desired lands coincides with the boundary in the deed or 
other conveyance document, that boundary need not be redescribed on the 
offer form, provided that a copy of the deed or other conveyance 
document upon which the coinciding description is clearly identified is 
attached to the offer. That portion of the description not coinciding 
shall be tied by description on the offer by courses and distances 
between successive angle points into the description in the deed or 
other conveyance document.
    (c) If the lands applied for lie outside an area of the public land 
surveys and constitute the entire tract acquired by the United States, 
such lands shall be described as in the deed or other conveyance 
document by which the United States acquired title to the lands, or a 
copy of that document may be attached to the offer and referred to 
therein in lieu of redescribing the lands on the offer form. If the 
desired lands constitute less than the entire tract acquired by the 
United States, such lands shall be described by courses and distances 
between successive angle points tying by courses and distances into the 
description in the deed or other conveyance document. If a portion of 
the boundary of the desired lands coincides with the boundary in the 
deed or other conveyance document, that boundary need not be redescribed 
on the offer form, provided that a copy of the deed or other conveyance 
document upon which the coinciding description is clearly identified is 
attached to the offer. That portion of the description not coinciding 
shall be tied by description in the offer by courses and distances 
between successive angle points into the description in the deed or 
other conveyance document.
    (d) Where the acquiring agency has assigned an acquisition or tract 
number covering the lands applied for, without loss of priority to the 
offeror, the authorized officer may require that number in addition to 
any description otherwise required by this section. If the authorized 
officer determines that the acquisition or tract number, together with 
identification of the State and county, constitutes an adequate 
description, the authorized officer may allow the description in this 
manner in lieu of other descriptions required by this section.
    (e) Where the lands applied for do not conform to the rectangular 
system of public land surveys, without loss of priority to the offeror, 
the authorized officer may require 3 copies of a map upon which the 
location of the desired lands are clearly marked with respect to the 
administrative unit or project of which they are a part.



Sec. 3110.5-4  Accreted lands.

    Where an offer includes any accreted lands, the accreted lands shall 
be described by metes and bounds, giving courses and distances between 
the successive angle points on the boundary of the tract, and connected 
by courses and distances to an angle point on the perimeter of the tract 
to which the accretions appertain.



Sec. 3110.5-5  Conflicting descriptions.

    If there is any variation in the land description among the required 
copies of the official forms, the copy showing the date and time of 
receipt in the proper BLM office shall control.
[53 FR 22840, June 17, 1988; 53 FR 31868, Aug. 22, 1988]



Sec. 3110.6  Withdrawal of offer.

    An offer for noncompetitive lease under this subpart may be 
withdrawn in whole or in part by the offeror. However, a withdrawal of 
an offer made in accordance with Sec. 3110.1(b) of this title may be 
made only if the withdrawal is received by the proper BLM office after 
60 days from the date of filing of such offer. No withdrawal may be made 
once the lease, an amendment of the lease, or a separate lease, 
whichever covers the lands so described in the withdrawal, has been 
signed on behalf of the United States. If a public domain offer is 
partially withdrawn, the lands retained in the offer shall comply with 
Sec. 3110.3-3(a) of this title.



Sec. 3110.7  Action on offer.

    (a) No lease shall be issued before final action has been taken on 
any prior offer to lease the lands or any extension of, or petition for 
reinstatement of, an existing or former lease on

[[Page 388]]

the lands. If a lease is issued before final action, it shall be 
canceled, if the prior offeror is qualified to receive a lease or the 
petitioner is entitled to reinstatement of a former lease.
    (b) The authorized officer shall not issue a lease for lands covered 
by a lease which terminated automatically, until 90 days after the date 
of termination.
    (c) The United States shall indicate its acceptance of the lease 
offer, in whole or in part, and the issuance of the lease, by signature 
of the authorized officer on the current lease form. A signed copy of 
the lease shall be delivered to the offeror.
    (d) Except as otherwise specifically provided in the regulations of 
this group, an offer that is not filed in accordance with the 
regulations in this part shall be rejected.
    (e) Filing an offer on a lease form not currently in use, unless 
such lease form has been declared obsolete by the Director prior to the 
filing shall be allowed, on the condition that the offeror is bound by 
the terms and conditions of the lease form currently in use.



Sec. 3110.8  Amendment to lease.

    After the competitive process has concluded in accordance with 
subpart 3120 of this title, if any of the lands described in a lease 
offer for lands available during the 2-year period are open to oil and 
gas filing when the offer is filed but are omitted from the lease for 
any reason the original lease shall be amended to include the omitted 
lands unless, before the issuance of the amendment, the proper BLM 
office receives a withdrawal of the offer with respect to such lands or 
the offeror elects to receive a separate lease in lieu of an amendment. 
Such election shall be made by submission of a signed statement of the 
offeror requesting a separate lease, and a new offer on the required 
form executed pursuant to this part describing the remaining lands in 
the original offer. The new offer shall have the same priority as the 
old offer. No new application fee is required with the new offer. The 
rental payment held in connection with the original offer shall be 
applied to the new offer. The rental and the term of the lease for the 
lands added by an amendment shall be the same as if the lands had been 
included in the original lease when it was issued. If a separate lease 
is issued, it shall be dated in accordance with Sec. 3110.3-2 of this 
title.



Sec. 3110.9  Future interest offers.



Sec. 3110.9-1  Availability.

    A noncompetitive future interest lease shall not be issued until the 
lands covered by the offer have been made available for competitive 
lease under subpart 3120 of this title. An offer made for lands that are 
leased competitively shall be rejected.



Sec. 3110.9-2  Form of offer.

    An offer to lease a future interest shall be filed in accordance 
with this subpart, and may include tracts in which the United States 
owns a fractional present interest as well as the future interest for 
which a lease is sought.



Sec. 3110.9-3  Fractional present and future interest.

    Where the United States owns both a present fractional interest and 
a future fractional interest in the minerals in the same tract, the 
lease, when issued, shall cover both the present and future interests in 
the lands. The effective date and primary term of the present interest 
lease is unaffected by the vesting of a future fractional interest. The 
lease for the future fractional interest, when such interest vests in 
the United States, shall have the same primary term and anniversary date 
as the present fractional interest lease.



Sec. 3110.9-4  Future interest terms and conditions.

    (a) No rental or royalty shall be due to the United States prior to 
the vesting of the oil and gas rights in the United States. However, the 
future interest lessee shall agree that if he/she is or becomes the 
holder of any present interest operating rights in the lands:
    (1) The future interest lessee transfers all or a part of the 
lessee's present oil and gas interests, such lessee shall file in the 
proper BLM office an assignment or transfer, in accordance with subpart 
3106 of this title, of the future

[[Page 389]]

interest lease of the same type and proportion as the transfer of the 
present interest, and
    (2) The future interest lessee's present lease interests are 
relinquished, cancelled, terminated, or expired, the future interest 
lease rights with the United States also shall cease and terminate to 
the same extent.
    (b) Upon vesting of the oil and gas rights in the United States, the 
future interest lease rental and royalty shall be as for any 
noncompetitive lease issued under this subpart, as provided in subpart 
3103 of this title, and the acreage shall be chargeable in accordance 
with Sec. 3101.2 of this title.



PART 3120--COMPETITIVE LEASES--Table of Contents




                    Subpart 3120--Competitive Leases

Sec.
3120.1  General.
3120.1-1  Lands available for competitive leasing.
3120.1-2  Requirements.
3120.1-3  Protests and appeals.
3120.2  Lease terms.
3120.2-1  Duration of lease.
3120.2-2  Dating of leases.
3120.2-3  Lease size.
3120.3  Nomination process.
3120.3-1  General.
3120.3-2  Filing of a nomination for competitive leasing.
3120.3-3  Minimum bid and rental remittance.
3120.3-4  Withdrawal of a nomination.
3120.3-5  Parcels receiving nominations.
3120.3-6  Parcels not receiving nominations.
3120.3-7  Refund.
3120.4  Notice of competitive lease sale.
3120.4-1  General.
3120.4-2  Posting of notice.
3120.5  Competitive sale.
3120.5-1  Oral auction.
3120.5-2  Payments required.
3120.5-3  Award of lease.
3120.6  Parcels not bid on at auction.
3120.7  Future interest.
3120.7-1  Nomination to make lands available for competitive lease.
3120.7-2  Future interest terms and conditions.
3120.7-3  Compensatory royalty agreements.

    Authority:  Mineral Leasing Act of 1920, as amended and supplemented 
(30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands 
Conservation Act as amended (16 U.S.C. 3101 et seq.), the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.), and the Attorney General's Opinion of April 2, 1941 (40 Op. Atty. 
Gen. 41).

    Source:  53 FR 22843, June 17, 1988, unless otherwise noted.



                    Subpart 3120--Competitive Leases



Sec. 3120.1  General.



Sec. 3120.1-1  Lands available for competitive leasing.

    All lands available for leasing shall be offered for competitive 
bidding under this subpart, including but not limited to:
    (a) Lands in oil and gas leases that have terminated, expired, been 
cancelled or relinquished.
    (b) Lands for which authority to lease has been delegated from the 
General Services Administration.
    (c) If, in proceeding to cancel a lease, interest in a lease, option 
to acquire a lease or an interest therein, acquired in violation of any 
of the provisions of the act, an underlying lease, interest or option in 
the lease is cancelled or forfeited to the United States and there are 
valid interests therein that are not subject to cancellation, 
forfeiture, or compulsory disposition, such underlying lease, interest, 
or option shall be sold to the highest responsible qualified bidder by 
competitive bidding under this subpart, subject to all outstanding valid 
interests therein and valid options pertaining thereto. If less than the 
whole interest in the lease, interest, or option is cancelled or 
forfeited, such partial interest shall likewise be sold by competitive 
bidding. If no satisfactory bid is obtained as a result of the 
competitive offering of such whole or partial interests, such interests 
may be sold in accordance with section 27 of the Act by such other 
methods as the authorized officer deems appropriate, but on terms no 
less favorable to the United States than those of the best competitive 
bid received. Interest in outstanding leases(s) so sold shall be subject 
to the terms and conditions of the existing lease(s).

[[Page 390]]

    (d) Lands which are otherwise unavailable for leasing but which are 
subject to drainage (protective leasing).
    (e) Lands included in any expression of interest or noncompetitive 
offer, except offers properly filed within the 2-year period provided 
under Sec. 3110.1(b) of this title, submitted to the authorized officer.
    (f) Lands selected by the authorized officer.



Sec. 3120.1-2  Requirements.

    (a) Each proper BLM Sate office shall hold sales at least quarterly 
if lands are available for competitive leasing.
    (b) Lease sales shall be conducted by a competitive oral bidding 
process.
    (c) The national minimum acceptable bid shall be $2 per acre or 
fraction thereof payable on the gross acreage, and shall not be prorated 
for any lands in which the United States owns a fractional interest.



Sec. 3120.1-3  Protests and appeals.

    No action pursuant to the regulations in this subpart shall be 
suspended under Sec. 4.21(a) of this title due to an appeal from a 
decision by the authorized officer to hold a lease sale. The authorized 
officer may suspend the offering of a specific parcel while considering 
a protest or appeal against its inclusion in a Notice of Competitive 
Lease Sale.
    Only the Assistant Secretary for Land and Minerals Management may 
suspend a lease sale for good and just cause after reviewing the 
reason(s) for an appeal.



Sec. 3120.2  Lease terms.



Sec. 3120.2-1  Duration of lease.

    Competitive leases shall be issued for a primary term of 10 years.
[58 FR 40754, July 30, 1993]



Sec. 3120.2-2  Dating of leases.

    All competitive leases shall be considered issued when signed by the 
authorized officer. Competitive leases, except future interest leases 
issued under Sec. 3120.7 of this title, shall be effective as of the 
first day of the month following the date the leases are signed on 
behalf of the United States. A lease may be made effective on the first 
day of the month within which it is issued if a written request is made 
prior to the date of signature of the authorized officer. Leases for 
future interest shall be effective as of the date the mineral interests 
vest in the United States.



Sec. 3120.2-3  Lease size.

    Lands shall be offered in leasing units of not more than 2,560 acres 
outside Alaska, or 5,760 acres within Alaska, which shall be as nearly 
compact in form as possible.



Sec. 3120.3  Nomination process.

    The Director may elect to implement the provisions contained in 
Secs. 3120.3-1 through 3120.3-7 of this title after review of any 
comments received during a period of not less than 30 days following 
publication in the Federal Register of notice that implementation of 
those sections is being considered.



Sec. 3120.3-1  General.

    The Director may elect to accept nominations requiring submission of 
the national minimum acceptable bid, as set forth in this section, as 
part of the competitive process required by the act, or elect to accept 
informal expressions of interest. A List of Lands Available for 
Competitive Nominations may be posted in accordance with Sec. 3120.4 of 
this title, and nominations in response to this list shall be made in 
accordance with instructions contained therein and on a form approved by 
the Director. Those parcels receiving nominations shall be included in a 
Notice of Competitive Lease Sale, unless the parcel is withdrawn by the 
Bureau.



Sec. 3120.3-2  Filing of a nomination for competitive leasing.

    Nominations filed in response to a List of Lands Available for 
Competitive Nominations and on a form approved by the Director shall:
    (a) Include the nominator's name and personal or business address. 
The name of only one citizen, association or partnership, corporation or 
municipality shall appear as the nominator. All communications relating 
to leasing shall be sent to that name and address, which shall 
constitute the nominator's name and address of record:

[[Page 391]]

    (b) Be completed, signed in ink and filed in accordance with the 
instructions printed on the form and the regulations in this subpart. 
Execution of the nomination form shall constitute a legally binding 
offer to lease by the nominator, including all terms and conditions;
    (c) Be filed within the filing period and in the BLM office 
specified in the List of Lands Available for Competitive Nominations. A 
nomination shall be unacceptable and shall be returned with all moneys 
refunded if it has not been completed and timely filed in accordance 
with the instructions on the form or with the other requirements in this 
subpart; and
    (d) Be accompanied by a remittance sufficient to cover the national 
minimum acceptable bid, the first year's rental per acre or fraction 
thereof, and the administrative fee as set forth in Sec. 3120.5-2(b) of 
this title for each parcel nominated on the form.
[53 FR 22843, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3120.3-3  Minimum bid and rental remittance.

    Nominations filed in response to a List of Lands Available for 
Competitive Nominations shall be accompanied by a single remittance. 
Failure to submit either a separate remittance with each form or an 
amount sufficient to cover all the parcels nominated on each form shall 
cause the entire filing to be deemed unacceptable with all moneys 
refunded.



Sec. 3120.3-4  Withdrawal of a nomination.

    A nomination shall not be withdrawn, except by the Bureau for cause, 
in which case all moneys shall be refunded.



Sec. 3120.3-5  Parcels receiving nominations.

    Parcels which receive nominations shall be included in a Notice of 
Competitive Lease Sale. The Notice shall indicate which parcels received 
multiple nominations in response to a List of Lands Available for 
Competitive Nominations, or parcels which have been withdrawn by the 
Bureau.



Sec. 3120.3-6  Parcels not receiving nominations.

    Lands included in the List of Lands Available for Competitive 
Nominations which are not included in the Notice of Competitive Lease 
Sale because they were not nominated, unless they were withdrawn by the 
Bureau, shall be available for a 2-year period, for noncompetitive 
leasing as specified in the List.



Sec. 3120.3-7  Refund.

    The minimum bid, first year's rental and administrative fee shall be 
refunded to all nominators who are unsuccessful at the oral auction.



Sec. 3120.4  Notice of competitive lease sale.



Sec. 3120.4-1  General.

    (a) The lands available for competitive lease sale under this 
subpart shall be described in a Notice of Competitive Lease Sale.
    (b) The time, date, and place of the competitive lease sale shall be 
stated in the Notice.
    (c) The notice shall include an identification of, and a copy of, 
stipulations applicable to each parcel.



Sec. 3120.4-2  Posting of notice.

    At least 45 days prior to conducting a competitive auction, lands to 
be offered for competitive lease sale, as included in a List of Lands 
Available for Competitive Nominations or in a Notice of Competitive 
Lease Sale, shall be posted in the proper BLM office having jurisdiction 
over the lands as specified in Sec. 1821.2-1(d) of this title, and shall 
be made available for posting to surface managing agencies having 
jurisdiction over any of the included lands.



Sec. 3120.5  Competitive sale.



Sec. 3120.5-1  Oral auction.

    (a) Parcels shall be offered by oral bidding. The existence of a 
nomination accompanied by the national minimum acceptable bid shall be 
announced at the auction for the parcel.
    (b) A winning bid shall be the highest oral bid by a qualified 
bidder, equal to

[[Page 392]]

or exceeding the national minimum acceptable bid. The decision of the 
auctioneer shall be final.
    (c) Two or more nominations on the same parcel when the bids are 
equal to the national minimum acceptable bid, with no higher oral bid 
being made, shall be returned with all moneys refunded. If the Bureau 
reoffers the parcel, it shall be reoffered only competitively under this 
subpart with any noncompetitive offer filed under Sec. 3110.1(a) of this 
title retaining priority, provided no bid is received at an oral 
auction.



Sec. 3120.5-2  Payments required.

    (a) Payments shall be made in accordance with Sec. 3103.1-1 of this 
title.
    (b) Each winning bidder shall submit, by the close of official 
business hours, or such other time as may be specified by the authorized 
officer, on the day of the sale for the parcel:
    (1) The minimum bonus bid of $2 per acre or fraction thereof;
    (2) The total amount of the first year's rental; and
    (3) An administrative fee of $75 per parcel.
    (c) The winning bidder shall submit the balance of the bonus bid to 
the proper BLM office within 10 working days after the last day of the 
oral auction.



Sec. 3120.5-3  Award of lease.

    (a) A bid shall not be withdrawn and shall constitute a legally 
binding commitment to execute the lease bid form and accept a lease, 
including the obligation to pay the bonus bid, first year's rental, and 
administrative fee. Execution by the high bidder of a competitive lease 
bid form approved by the Director constitutes certification of 
compliance with subpart 3102 of this title, shall constitute a binding 
lease offer, including all terms and conditions applicable thereto, and 
shall be required when payment is made in accordance with Sec. 3120.5-
2(b) of this title. Failure to comply with Sec. 3120.5-2(c) of this 
title shall result in rejection of the bid and forfeiture of the monies 
submitted under Sec. 3120.5-2(b) of this title.
    (b) A lease shall be awarded to the highest responsible qualified 
bidder. A copy of the lease shall be provided to the lessee after 
signature by the authorized officer.
    (c) If a bid is rejected, the lands shall be reoffered competitively 
under this subpart with any noncompetitive offer filed under 
Sec. 3110.1(a) of this title retaining priority, provided no bid is 
received in an oral auction.
    (d) Issuance of the lease shall be consistent with Sec. 3110.7 (a) 
and (b) of this title.



Sec. 3120.6  Parcels not bid on at auction.

    Lands offered at the oral auction that receive no bids shall be 
available for filing for noncompetitive lease for a 2-year period 
beginning the first business day following the auction at a time 
specified in the Notice of Competitive Lease Sale.



Sec. 3120.7  Future interest.



Sec. 3120.7-1  Nomination to make lands available for competitive lease.

    A nomination for a future interest lease shall be filed in 
accordance with this subpart.



Sec. 3120.7-2  Future interest terms and conditions.

    (a) No rental or royalty shall be due to the United States prior to 
the vesting of the oil and gas rights in the United States. However, the 
future interest lessee shall agree that if, he/she is or becomes the 
holder of any present interest operating rights in the lands:
    (1) The future interest lessee transfers all or a part of the 
lessee's present oil and gas interests, such lessee shall file in the 
proper BLM office an assignment or transfer, in accordance with subpart 
3106 of this title, of the future interest lease of the same type and 
proportion as the transfer of the present interest, and
    (2) The future interest lessee's present lease interests are 
relinquished, cancelled, terminated, or expired, the future interest 
lease rights with the United States also shall cease and terminate to 
the same extent.
    (b) Upon vesting of the oil and gas rights in the United States, the 
future interest lease rental and royalty shall be as for any competitive 
lease issued under this subpart, as provided in subpart 3103 of this 
title, and the acreage

[[Page 393]]

shall be chargeable in accordance with Sec. 3101.2 of this title.



Sec. 3120.7-3  Compensatory royalty agreements.

    The terms and conditions of compensatory royalty agreements 
involving acquired lands in which the United States owns a future or 
fractional interest shall be established on an individual case basis. 
Such agreements shall be required when leasing is not possible in 
situations where the interest of the United States in the oil and gas 
deposit includes both a present and a future fractional interest in the 
same tract containing a producing well.
[53 FR 22843, June 17, 1988]



PART 3130--OIL AND GAS LEASING: NATIONAL PETROLEUM RESERVE, ALASKA--Table of Contents




    Note:  The information collection requirements contained in part 
3130 have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 and assigned clearance number 1004-0067. The information is 
being collected to allow the authorized officer to determine if the 
bidder is qualified to hold a lease. The information will be used in 
making that determination. The obligation to respond is required to 
obtain a benefit.

 Subpart 3130--Oil and Gas Leasing, National Petroleum Reserve, Alaska: 
                                 General

Sec.
3130.0-1  Purpose.
3130.0-2  Policy.
3130.0-3  Authority.
3130.0-5  Definitions.
3130.0-7  Cross references. [Reserved]
3130.1  Attorney General review.
3130.2  Limitation on time to institute suit to contest a Secretary's 
          decision.
3130.3  Drainage.
3130.4  Leasing: General.
3130.4-1  Tract size.
3130.4-2  Lease term.
3130.5  Bona fide purchasers.
3130.6  Leasing maps and land descriptions.
3130.6-1  Leasing maps.
3130.6-2  Land descriptions.

                      Subpart 3131--Leasing Program

3131.1  Receipt and consideration of nominations; public notice and 
          participation.
3131.2  Tentative tract selection.
3131.3  Special stipulations.
3131.4  Lease sales.
3131.4-1  Notice of sale.

                    Subpart 3132--Issuance of Leases

3132.1  Who may hold a lease.
3132.2  Submission of bids.
3132.3  Payments.
3132.4  Qualifications.
3132.5  Award of leases.
3132.5-1  Forms.
3132.5-2  Dating of leases.

                   Subpart 3133--Rentals and Royalties

3133.1  Rentals.
3133.2  Royalties.
3133.2-1  Minimum royalties.

                     Subpart 3134--Bonding: General

3134.1  Bonding.
3134.1-1  Form of bond.
3134.1-2  Additional bonds.

         Subpart 3135--Transfers, Extensions and Consolidations

3135.1  Transfers and extensions, general.
3135.1-1  Transfers.
3135.1-2  Requirements for filing of transfers.
3135.1-3  Separate filing for transfers.
3135.1-4  Effect of transfer of a tract.
3135.1-5  Extension of lease.
3135.1-6  Consolidation of leases.

 Subpart 3136--Relinquishments, Terminations and Cancellations of Leases

3136.1  Relinquishment of leases or parts of leases.
3136.2  Terminations.
3136.3  Cancellation of leases.

    Authority:  The Department of the Interior Appropriations Act, 
Fiscal year 1981 (42 U.S.C. 6508), and the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).

    Source:  46 FR 55497, Nov. 9, 1981, unless otherwise noted.



 Subpart 3130--Oil and Gas Leasing, National Petroleum Reserve, Alaska: 
                                 General



Sec. 3130.0-1  Purpose.

    These regulations establish the procedures under which the Secretary 
of the Interior will exercise the authority granted to administer a 
competitive leasing program for oil and gas within the National 
Petroleum Reserve--Alaska.

[[Page 394]]



Sec. 3130.0-2  Policy.

    The oil and gas leasing program within the National Petroleum 
Reserve--Alaska shall be conducted in accordance with the purposes and 
policy directions provided by the Department of the Interior 
Appropriations Act, Fiscal Year 1981 (Pub. L. 96-514), and other 
executive, legislative, judicial and Department of the Interior 
guidance.



Sec. 3130.0-3  Authority.

    (a) The Department of the Interior Appropriations Act, Fiscal year 
1981 (Pub. L. 96-514);
    (b) The Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 
6504, et seq.); and
    (c) The Federal Lands Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), except that sections 202 and 603 are not applicable.



Sec. 3130.0-5  Definitions.

    As used in this part, the term:
    (a) Act means the Department of the Interior Appropriations Act, 
Fiscal Year 1981 (Pub. L. 96-514).
    (b) Bureau means the Bureau of Land Management.
    (c) Constructive operations means the exploring, testing, surveying 
or otherwise investigating the potential of a lease for oil and gas or 
the actual drilling or preparation for drilling of wells therefor.
    (d) NPR-A means the area formerly within Naval Petroleum Reserve 
Numbered 4 Alaska which was redesignated as the National Petroleum 
Reserve--Alaska by the Naval Petroleum Reserves Production Act of 1976 
(42 U.S.C. 6501).
    (e) Reworking operations means all operations designed to secure, 
restore or improve production through some use of a hole previously 
drilled, including, but not limited to, mechanical or chemical treatment 
of any horizon, deepening to test deeper strata and plugging back to 
test higher strata.
    (f) Special Areas means the Utokok River, the Teshekpuk Lake areas 
and other areas within NPR--A identified by the Secretary as having 
significant subsistence, recreational, fish and wildlife or historical 
or scenic value.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3130.0-7  Cross references. [Reserved]



Sec. 3130.1  Attorney General review.

    (a) Prior to the issuance of any lease, contract or operating 
agreement under this subpart, the Secretary shall notify the Attorney 
General of the proposed issuance, the name of the successful bidder, the 
terms of the proposed lease, contract or operating agreement and any 
other information the Attorney General may require to conduct an 
antitrust review of the proposed action. Such other information shall 
include, but is not limited to, information to be provided the Secretary 
by the successful bidder or its owners.
    (b) In advance of the publication of any notice of sale, the 
Attorney General shall notify the Secretary of his/her preliminary 
determination of the information each successful bidder shall be 
required to submit for antitrust review purposes. The Secretary shall 
require this information to be promptly submitted by successful bidders, 
and may provide prospective bidders the opportunity to submit such 
information in advance of or accompanying their bids. For subsequent 
notices of sale, the Attorney General's preliminary information 
requirements shall be as specified for the prior notice unless a change 
in the requirements is communicated to the Secretary in advance of 
publication of the new notice of sale. Where a bidder in a prior sale 
has previously submitted any of the currently required information, a 
reference to the date of submission and to the serial number of the 
record in which it is filed, together with a statement of any and all 
changes in the information since the date of the previous submission, 
shall be sufficient.
    (c) The Secretary shall not issue any lease, contract or operating 
agreement until:
    (1) Thirty days after the Attorney General receives notice from the 
Secretary of the proposed lease contract or operating agreement, 
together with any other information required under this section; or

[[Page 395]]

    (2) The Attorney General notifies the Secretary that issuance of the 
proposed lease, contract or operating agreement does not create or 
maintain a situation inconsistent with the antitrust laws, whichever 
comes first. The Attorney General shall inform the successful bidder, 
and simultaneously the Secretary, if the information supplied is 
insufficient, and shall specify what information is required for the 
Attorney General to complete his/her review. The 30-day period shall 
stop running on the date of such notification and not resume running 
until the Attorney General receives the required information.
    (d) The Secretary shall not issue the lease, contract for operating 
agreement to the successful bidder, if, during the 30-day period, the 
Attorney General notifies the Secretary that such issuance would create 
or maintain a situation inconsistent with the antitrust laws.
    (e) If the Attorney General does not reply in writing to the 
notification provided under paragraph (a) of this section within the 30-
day review period, the Secretary may issue the lease, contract or 
operating agreement without waiting for the advice of the Attorney 
General.
    (f) Information submitted to the Secretary to comply with this 
section shall be treated by the Secretary and by the Attorney General as 
confidential and proprietary data if marked confidential by the 
submitting bidder or other person. Such information shall be submitted 
to the Secretary in sealed envelopes and shall be transmitted in that 
form to the Attorney General.
    (g) The procedures outlined in paragraphs (a) through (f) of this 
section apply to the proposed assignment or transfer of any lease, 
contract or operating agreement.



Sec. 3130.2  Limitation on time to institute suit to contest a Secretary's decision.

    Any action seeking judicial review of the adequacy of any 
programmatic or site-specific environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) concerning oil and gas leasing in NPR-A shall be barred unless 
brought in the appropriate District Court within 60 days after notice of 
availability of such statement is published in the Federal Register.



Sec. 3130.3  Drainage.

    Upon a determination by the authorized officer, that lands owned by 
the United States within NPR-A are being drained, the regulations under 
Sec. 3100.3 of this title, including the provisions relating to 
compensatory agreements or royalties, shall apply.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3130.4  Leasing: General.



Sec. 3130.4-1  Tract size.

    A tract selected for leasing shall consist of a compact area of not 
more than 60,000 acres.



Sec. 3130.4-2  Lease term.

    Each lease shall be issued for a primary term of 10 years, unless a 
shorter term is provided in the notice of sale.



Sec. 3130.5  Bona fide purchasers.

    The provisions of Sec. 3108.4 of this title shall apply to bona fide 
purchasers of leases within NPR-A.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3130.6  Leasing maps and land descriptions.



Sec. 3130.6-1  Leasing maps.

    The Bureau shall prepare leasing maps showing the tracts to be 
offered for lease sale.



Sec. 3130.6-2  Land descriptions.

    (a) All tracts shall be composed of entire sections either surveyed 
or protracted, whichever is applicable, except that if the tracts are 
adjacent to upland navigable water areas, they may be adjusted on the 
basis of subdivisional parts of the sections.
    (b) Leased lands shall be described according to section, township 
and range in accordance with the official survey or protraction 
diagrams.

[[Page 396]]



                      Subpart 3131--Leasing Program



Sec. 3131.1  Receipt and consideration of nominations; public notice and participation.

    During preparation of a proposed leasing schedule, the Secretary 
shall invite and consider suggestions and relevant information for such 
program from the Governor of Alaska, local governments, Native 
corporations, industry, other Federal agencies, including the Attorney 
General and all interested parties, including the general public. This 
request for information shall be issued as a notice in the Federal 
Register.



Sec. 3131.2  Tentative tract selection.

    (a) The State Director Alaska, Bureau of Land Management, shall 
issue calls for Nominations and Comments on tracts for leasing for oil 
and gas in specified areas. The call for Nominations and Comments shall 
be published in the Federal Register and may be published in other 
publications as desired by the State Director. Nominations and Comments 
on tracts shall be addressed to the State Director Alaska, Bureau of 
Land Management. The State Director shall also request comments on 
tracts which should receive special concern and analysis.
    (b) The State Director, after completion of the required 
environmental analysis (see 40 CFR 1500-1508), shall select tracts to be 
offered for sale. In making the selection, the State Director shall 
consider available environmental information, multiple-use conflicts, 
resource potential, industry interest, information from appropriate 
Federal agencies and other available information. The State Director 
shall develop measures to mitigate adverse impacts, including lease 
stipulations and information to lessees. These mitigating measures shall 
be made public in the notice of sale.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3131.3  Special stipulations.

    Special stipulations shall be developed to the extent the authorized 
officer deems necessary and appropriate for mitigating reasonably 
foreseeable and significant adverse impacts on the surface resources. 
Special Areas stipulations for exploration or production shall be 
developed in accordance with section 104 of the Naval Petroleum Reserves 
Production Act of 1976. Any special stipulations and conditions shall be 
set forth in the notice of sale and shall be attached to and made a part 
of the lease, if issued. Additional stipulations needed to protect 
surface resources and special areas may be imposed at the time the 
surface use plan and permit to drill are approved.



Sec. 3131.4  Lease sales.



Sec. 3131.4-1  Notice of sale.

    (a) The State Director Alaska, Bureau of Land Management, shall 
publish the notice of sale in the Federal Register, and may publish the 
notice in other publications if he/she deems it appropriate. The 
publication in the Federal Register shall be at least 30 days prior to 
the date of the sale. The notice shall state the place and time at which 
bids are to be filed, and the place, date and hour at which bids are to 
be opened.
    (b) Tracts shall be offered for lease by competitive sealed bidding 
under conditions specified in the notice of lease sale and in accordance 
with all applicable laws and regulations. Bidding systems used in sales 
shall be based on bidding systems included in section (205)(a)(1)(A) 
through (H) of the Outer Continental Shelf Lands Act Amendments of 1978 
(43 U.S.C. 1801 et seq.).
    (c) A detailed statement of the sale, including a description of the 
areas to be offered for lease, the lease terms, conditions and special 
stipulations and how and where to submit bids shall be made available to 
the public immediately after publication of the notice of sale.



                    Subpart 3132--Issuance of Leases



Sec. 3132.1  Who may hold a lease.

    Leases issued pursuant to this subpart may be held only by:
    (a) Citizens and nationals of the United States;
    (b) Aliens lawfully admitted for permanent residence in the United 
States as defined in 8 U.S.C. 1101(a)(20);

[[Page 397]]

    (c) Private, public or municipal corporations organized under the 
laws of the United States or of any State or of the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa or any of its territories; or
    (d) Associations of such citizens, nationals, resident aliens or 
private, public or municipal corporations.



Sec. 3132.2  Submission of bids.

    (a) A separate sealed bid shall be submitted for each tract in the 
manner prescribed. A bid shall not be submitted for less than an entire 
tract.
    (b) Each bidder shall submit with the bid a certified or cashier's 
check, bank draft, U.S. currency or any other form of payment approved 
by the Secretary for one-fifth of the amount of the cash bonus, unless 
stated otherwise in the notice of sale.
    (c) Each bid shall be accompanied by statements of qualifications 
prepared in accordance with Sec. 3132.4 of this title.
    (d) Bidders are bound by the provisions of 18 U.S.C. 1860 
prohibiting unlawful combination or intimidation of bidders.



Sec. 3132.3  Payments.

    (a) Payments of bonuses, including deferred bonuses, first year's 
rental, other payments due upon lease issuance, and filing fees shall be 
made to the Alaska State Office, Department of the Interior, Bureau of 
Land Management. All payments shall be made by certified or cashier's 
check, bank draft, U.S. currency or any other form of payment approved 
by the Secretary. Payments shall be made payable to the Department of 
the Interior, Bureau of Land Management, unless otherwise directed.
    (b) All other payments required by a lease or the regulations in 
this part shall be payable to the Department of the Interior, Minerals 
Management Service.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3132.4  Qualifications.

    Submission of a lease bid constitutes certification of compliance 
with the regulations of this part. Anyone seeking to acquire, or anyone 
holding, a Federal oil and gas lease or interest therein may be required 
to submit additional information to show compliance with the regulations 
of this part.
[47 FR 8546, Feb. 26, 1982]



Sec. 3132.5  Award of leases.

    (a) Sealed bids received in response to the notice of lease sale 
shall be opened at the place, date and hour specified in the notice of 
sale. The opening of bids is for the sole purpose of publicly announcing 
and recording the bids received. No bids shall be accepted or rejected 
at that time.
    (b) The United States reserves the right to reject any and all bids 
received for any tract, regardless of the amount offered.
    (c) In the event the highest bids are tie bids, the tying bidders 
shall be allowed to submit within 15 days of the public announcement of 
a tie bid additional sealed bids to break the tie. The additional bids 
shall include any additional amount necessary to bring the amount 
tendered with his/her bid to one-fifth of the additional bid. Additional 
bids to break tie bids shall be processed in accordance with paragraph 
(a) of this section.
    (d) If the authorized officer fails to accept the highest bid for a 
lease within 90 days or a lesser period of time as specified in the 
notice of sale, the highest bid for that lease shall be considered 
rejected. This 90-day period or lesser period as specified in the notice 
of sale shall not include any period of time during which acceptance, 
rejection or other processing of bids and lease issuance by the 
Department of the Interior are enjoined or prohibited by court order.
    (e) Written notice of the final decision on the bids shall be 
transmitted to those bidders whose deposits have been held in accordance 
with instructions set forth in the notice of sale. If a bid is accepted, 
2 copies of the lease shall be transmitted with the notice of acceptance 
to the successful bidder. The bidder shall, not later than the 15th day 
after receipt of the lease, sign both copies of the lease and return 
them, together with the first year's rental and the balance of the bonus 
bid, unless deferred, and shall file a bond, if required

[[Page 398]]

to do so. Deposits shall be refunded on rejected bids.
    (f) If the successful bidder fails to execute the lease within the 
prescribed time or otherwise to comply with the applicable regulations, 
the deposit shall be forfeited and disposed of as other receipts under 
the Act.
    (g) If the awarded lease is executed by an attorney-in-fact acting 
on behalf of the bidder, the lease shall be accompanied by evidence that 
the bidder authorized the attorney-in-fact to execute the lease on his/
her behalf. Reference may be made to the serial number of the record and 
the office of the Bureau of Land Management in which such evidence has 
already been filed.
    (h) When the executed lease is returned to the authorized officer, 
he/she shall within 15 days of receipt of the material required by 
paragraph (e) of this section, execute the lease on behalf of the United 
States. A copy of the fully executed lease shall be transmitted to the 
lessee.



Sec. 3132.5-1  Forms.

    Leases shall be issued on forms approved by the Director.



Sec. 3132.5-2  Dating of leases.

    All leases issued under the regulations in this part shall become 
effective as of the first day of the month following the date they are 
signed on behalf of the United States. When prior written request is 
made, a lease may become effective as of the first day of the month 
within which it is signed on behalf of the United States.



                   Subpart 3133--Rentals and Royalties



Sec. 3133.1  Rentals.

    (a) An annual rental shall be due and payable at the rate prescribed 
in the notice of sale and the lease, but in no event shall such rental 
be less than $3 per acre, or fraction thereof. Payment shall be made on 
or before the first day of each lease year prior to discovery of oil or 
gas on the lease.
    (b) If there is no actual or allocated production on the portion of 
a lease that has been segregated from a producing lease, the owner of 
such segregated lease shall pay an annual rental for such segregated 
portion at the rate per acre specified in the original lease. This 
rental shall be payable each lease year following the year in which the 
segregation became effective and prior to discovery of oil or gas on 
such segregated portion.
    (c) Annual rental paid in any year prior to discovery of oil or gas 
on the lease shall be in addition to, and shall not be credited against, 
any royalties due from production.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3133.2  Royalties.

    Royalties on oil and gas shall be at the rate specified in the 
notice of sale as to the tracts, if appropriate, and in the lease, 
unless the Secretary, in order to promote increased production on the 
leased area through direct, secondary or tertiary recovery means, 
reduces or eliminates any royalty set out in the lease.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3133.2-1  Minimum royalties.

    For leases which provide for minimum royalty payments, each lessee 
shall pay the minimum royalty specified in the lease at the end of each 
lease year beginning with the first lease year following a discovery on 
the lease.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



                     Subpart 3134--Bonding: General



Sec. 3134.1  Bonding.

    (a) Prior to issuance of an oil and gas lease, the successful bidder 
shall furnish the authorized officer a surety or personal bond in 
accordance with the provisions of Sec. 3104.1 of this title in the sum 
of $100,000 conditioned on compliance with all the lease terms, 
including rentals and royalties, conditions and any stipulations. The 
bond shall not be required if the bidder already maintains or furnishes 
a bond in the sum of $300,000 conditioned on compliance with the terms, 
conditions and stipulations of all oil and gas leases held by the bidder 
within NPR-A, or maintains or furnishes a nationwide bond as set

[[Page 399]]

forth in Sec. 3104.3(b) of this title and furnishes a rider thereto 
sufficient to bring total coverage to $300,000 to cover all oil and gas 
leases held within NPR-A.
    (b) A bond in the sum of $100,000 or $300,000, or a nationwide bond 
as provided in Sec. 3104.3(b) of this title with a rider thereto 
sufficient to bring total coverage to $300,000 to cover all oil and gas 
leases within NPR-A, may be provided by an operating rights owner 
(sublessee) or operator in lieu of a bond furnished by the lessee, and 
shall assume the responsibilities and obligations of the lessee for the 
entire leasehold in the same manner and to the extent as though he/she 
were the lessee.
    (c) If as a result of a default, the surety on a bond makes payment 
to the United States of any indebtedness under a lease secured by the 
bond, the face amount of such bond and the surety's liability shall be 
reduced by the amount of such payment.
    (d) A new bond in the amount previously held or a larger amount as 
determined by the authorized officer shall be posted within 6 months or 
such shorter period as the authorized officer may direct after a 
default. In lieu thereof, separate or substitute bonds for each lease 
covered by the prior bond may be filed.The authorized officer may cancel 
a lease(s) covered by a deficient bond(s), in accordance with 
Sec. 3136.3 of this title. Where a bond is furnished by an operator, 
suit may be brought thereon without joining the lessee when such lessee 
is not a party to the bond.
    (e) Except as provided in this subpart, the bonds required for NPR-A 
leases are in addition to any other bonds the successful bidder may have 
filed or be required to file under Secs. 3104.2, 3104.3(a) and 3154.1 
and subparts 3206 and 3209 of this title.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988; 53 
FR 22846, June 17, 1988]



Sec. 3134.1-1  Form of bond.

    All bonds furnished by a lessee, operating rights owner (sublessee), 
or operator shall be on a form approved by the Director.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



Sec. 3134.1-2  Additional bonds.

    (a) The authorized officer may require the bonded party to supply 
additional security in the form of a supplemental bond or bonds or to 
increase the coverage of an existing bond if, after operations or 
production have begun, such additional security is deemed necessary to 
assure maximum protection of Special Areas.
    (b) The holders of any oil and gas lease bond for a lease on the 
NPR-A shall be permitted to obtain a rider to include the coverage of 
oil and gas geophysical operations within the boundaries of NPR-A.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988]



         Subpart 3135--Transfers, Extensions and Consolidations



Sec. 3135.1  Transfers and extensions, general.



Sec. 3135.1-1  Transfers.

    (a) Subject to approval of the authorized officer, a lessee may 
transfer his/her lease(s), or any undivided interest therein, or any 
legal subdivision, to anyone qualified under Secs. 3130.1 and 3132.4 of 
this title to hold a lease.
    (b) Any approved transfer shall be deemed to be effective on the 
first day of the lease month following its filing in the proper BLM 
office, unless, at the request of the parties, an earlier date is 
specified in the approval.
    (c) The transferor shall continue to be responsible for all 
obligations under the lease accruing prior to the approval of the 
transfer.
    (d) The transferee shall be responsible for all obligations under 
the lease subsequent to the effective date of a transfer, and shall 
comply with all regulations issued under the Act.
    (e) When a transfer of operating rights (sublease) is approved, the 
sublessee is responsible for all obligations under the rights 
transferred to the sublessee.
    (f) Transfers are approved for administrative purposes only. 
Approval does not warrant or certify that either

[[Page 400]]

party to a transfer holds legal or equitable title to a lease.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17359, May 16, 1988; 53 
FR 31867, Aug. 22, 1988]



Sec. 3135.1-2  Requirements for filing of transfers.

    (a)(1) All instruments of transfer of lease or of an interest 
therein, including operating rights, subleases and assignments of 
record-title shall be filed in triplicate for approval. Such instruments 
shall be filed within 90 days from the date of final execution. The 
instruments of transfer shall include a statement, over the transferee's 
own signature, with respect to citizenship and qualifications as 
required of a bidder under Sec. 3132.4 of this title and shall contain 
all of the terms and conditions agreed upon by the parties thereto. 
Carried working interests, overriding royalty interests or payments out 
of production or other interest may be created or transferred without 
approval.
    (2) An application for approval of any instrument required to be 
filed shall not be accepted unless accompanied by a nonrefundable fee of 
$25. Any document not required to be filed by the regulations in this 
part but submitted for record purposes shall be accompanied by a 
nonrefundable fee of $25 per each lease affected. Such documents may be 
rejected by the authorized officer.
    (b) An attorney-in-fact, on behalf of the holder of a lease, 
operating rights or sublease, shall furnish evidence of authority to 
execute the transfer or application for approval and the statement 
required by Sec. 3132.5(g) of this title.
    (c) Where a transfer of record title creates separate leases, a bond 
shall be furnished covering the transferred lands in the amount 
prescribed in Sec. 3134.1 of this title. Where a transfer does not 
create separate leases, the transferee, if the transfer so provides and 
the surety consents, may become co-principal on the bond with the 
transferor.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17359, May 16, 1988]



Sec. 3135.1-3  Separate filing for transfers.

    A separate instrument of transfer shall be filed for each lease on a 
form approved by the Director or an exact reproduction of the front and 
back of such form. Any earlier editions of the current form are deemed 
obsolete and are unacceptable for filing. When transfers to the same 
person, association or corporation, involving more than 1 lease are 
filed at the same time for approval, 1 request for approval and 1 
showing as to the qualifications of the transferee shall be sufficient.
[53 FR 17359, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3135.1-4  Effect of transfer of a tract.

    (a) When a transfer is made of all the record title to a portion of 
the acreage in a lease, the transferred and retained portions are 
divided into separate and distinct leases. Transfers shall not be made 
for less than a compact tract of not less than 640 acres nor shall less 
than a compact tract of not less than 640 acres be retained.
    (b) Each segregated lease shall continue in full force and effect 
for the primary term of the original lease and so long thereafter as oil 
or gas is produced in paying quantities from that segregated portion of 
the lease area or so long as drilling or well reworking operations, 
either actual or constructive, as approved by the Secretary, are 
conducted thereon.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17359, May 16, 1988]



Sec. 3135.1-5  Extension of lease.

    (a) The term of a lease shall be extended beyond its primary term so 
long as oil or gas is produced from the lease in paying quantities or so 
long as drilling or reworking operations, actual or constructive, as 
approved by the Secretary, are conducted thereon.
    (b) A lease may be maintained in force by directional wells drilled 
under the leased area from surface locations on adjacent or adjoining 
lands not covered by the lease. In such circumstances, drilling shall be 
considered to have commenced on the lease area when drilling is 
commenced on the adjacent or adjoining lands for the purpose of 
directional drilling under

[[Page 401]]

the leased area through any directional well surfaced on adjacent or 
adjoining lands. Production, drilling or reworking of any directional 
well shall be considered production or drilling or reworking operations 
on the lease area for all purposes of the lease.



Sec. 3135.1-6  Consolidation of leases.

    (a) Leases may be consolidated upon written request of the lessee 
filed with the State Director Alaska, Bureau of Land Management. The 
request shall identify each lease involved by serial number and shall 
explain the factors which justify the consolidation.
    (b) All parties holding any undivided interest in any lease involved 
in the consolidation shall agree to enter into the same lease 
consolidation.
    (c) Consolidation of leases not to exceed 60,000 acres may be 
approved by the State Director, Alaska if it is determined that the 
consolidation is justified.
    (d) The effective date, the anniversary date and the primary term of 
the consolidated lease shall be those of the oldest original lease 
involved in the consolidation. The term of a consolidated lease shall be 
extended beyond the primary lease term only so long as oil or gas is 
produced in paying quantities or approved constructive or actual 
drilling or reworking operations are conducted thereon.
    (e) Royalty, rental, special lease stipulations and other terms and 
conditions of each original lease except the effective date, anniversary 
date and the primary term shall continue to apply to that lease or any 
portion thereof regardless of the lease becoming a part of a 
consolidated lease.
[48 FR 413, Jan. 5, 1983]



 Subpart 3136--Relinquishments, Terminations and Cancellations of Leases



Sec. 3136.1  Relinquishment of leases or parts of leases.

    A lease may be surrendered in whole or in part by the lessee by 
filing a written relinquishment, in triplicate, with the Alaska State 
Office of the Bureau. No filing fee is required. In the case of partial 
relinquishments, neither the relinquished lands nor the retained lands 
shall be less than a compact tract of not less than 640 acres. A 
relinquishment shall take effect on the date it is filed subject to the 
continued obligation of lessee and the surety to make all payments due, 
including any accrued rental, royalties and deferred bonuses and to 
abandon all wells, and condition or remove other facilities on the lands 
to be relinquished to the satisfaction of the authorized officer.
[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17359, May 16, 1988]



Sec. 3136.2  Terminations.

    Any lease on which there is no well capable of producing oil or gas 
in paying quantities shall terminate if the lessee fails to pay the 
annual rental in full on or before the anniversary date of such lease 
and such failure continues for more than 30 days after the notice of 
delinquent rental has been delivered by registered or certified mail to 
the lease owner's record post office address.



Sec. 3136.3  Cancellation of leases.

    (a) Any nonproducing lease may be canceled by the authorized officer 
whenever the lessee fails to comply with any provisions of the Acts 
cited in Sec. 3130.0-3 of this title, of the regulations issued 
thereunder or of the lease, if such failure to comply continues for 30-
days after a notice thereof has been delivered by registered or 
certified mail to the lease owner's record post office address.
    (b) Producing leases or leases known to contain valuable deposits of 
oil or gas may be canceled only by court order.



PART 3140--COMBINED HYDROCARBON LEASING--Table of Contents




Subpart 3140--Conversion of Existing Oil and Gas Leases and Valid Claims 
                       Based on Mineral Locations

Sec.
3140.0-1  Purpose.
3140.0-3  Authority.
3140.0-5  Definitions.
3140.1  General provisions.
3140.1-1  Existing rights.
3140.1-2  Notice of intent to convert.
3140.1-3  Exploration plans.

[[Page 402]]

3140.1-4  Other provisions.
3140.2  Applications.
3140.2-1  Forms.
3140.2-2  Who may apply.
3140.2-3  Application requirements.
3140.3  Time limitations.
3140.3-1  Conversion applications.
3140.3-2  Action on an application.
3140.4  Conversion.
3140.4-1  Approval of plan of operations (and unit and operating 
          agreements).
3140.4-2  Issuance of the combined hydrocarbon lease.
3140.5  Duration of the lease.
3140.6  Use of additional lands.
3140.7  Lands within the National Park System.

       Subpart 3141--Competitive Leasing in Special Tar Sand Areas

3141.0-1  Purpose.
3141.0-3  Authority.
3141.0-5  Definitions.
3141.0-8  Effect of existing regulations.
3141.1  General.
3141.2  Prelease exploration within Special Tar Sand Areas.
3141.2-1  Geophysical exploration.
3141.2-2  Exploration licenses.
3141.3  Land use plans.
3141.4  Consultation.
3141.4-1  Consultation with the Governor.
3141.4-2  Consultation with others.
3141.5  Leasing procedures.
3141.5-1  Economic evaluation.
3141.5-2  Term of lease.
3141.5-3  Royalties and rentals.
3141.5-4  Lease size.
3141.5-5  Dating of lease.
3141.6  Sale procedures.
3141.6-1  Initiation of competitive lease offering.
3141.6-2  Publication of a notice of competitive lease offering.
3141.6-3  Conduct of sales.
3141.6-4  Qualifications.
3141.6-5  Fair market value.
3141.6-6  Rejection of bid.
3141.6-7  Consideration of next highest bid.
3141.7  Award of lease.

          Subpart 3142--Paying Quantities/Diligent Development

3142.0-1  Purpose.
3142.0-3  Authority.
3142.0-5  Definitions.
3142.1  Diligent development.
3142.2  Minimum production levels.
3142.2-1  Minimum production schedule.
3142.2-2  Advance royalties in lieu of production.
3142.3  Expiration.

    Authority:  30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 95 Stat. 1070; 
43 U.S.C. 1701 et seq, unless otherwise noted.



Subpart 3140--Conversion of Existing Oil and Gas Leases and Valid Claims 
                       Based on Mineral Locations

    Authority:  30 U.S.C. 181 et seq.

    Source:  47 FR 22478, May 24, 1982, unless otherwise noted.



Sec. 3140.0-1  Purpose.

    The purpose of this subpart is to provide for the conversion of 
existing oil and gas leases and valid claims based on mineral locations 
within Special Tar Sand Areas to combined hydrocarbon leases.



Sec. 3140.0-3  Authority.

    These regulations are issued under the authority of the Mineral 
Lands Leasing Act of February 25, 1920 (30 U.S.C. 181 et seq.), the 
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), and the 
Combined Hydrocarbon Leasing Act of 1981 (Pub. L. 97-78).



Sec. 3140.0-5  Definitions.

    As used in this subpart, the term:
    (a) Combined hydrocarbon lease means a lease issued in a Special Tar 
Sand Area for the removal of gas and nongaseous hydrocarbon substances 
other than coal, oil shale or gilsonite.
    (b) A complete plan of operations means a plan of operations which 
is in substantial compliance with the information requirements of 43 CFR 
3572.1 for both exploration plans and mining plans, as well as any 
additional information required in these regulations and under 43 CFR 
3572.1, as may be appropriate.
    (c) Special Tar Sand Area means an area designated by the Department 
of the Interior's orders of November 20, 1980 (45 FR 76800), and January 
21, 1981 (46 FR 6077) referred to in those orders as Designated Tar Sand 
Areas, as containing substantial deposits of tar sand.
    (d) Owner of an oil and gas lease means all of the record title 
holders of an oil gas lease.
    (e) Owner of a valid claim based on a mineral location means all 
parties appearing on the title records recognized as official under 
State law as having the right to sell or transfer any part of

[[Page 403]]

the mining claim, which was located within a Special Tar Sand Area prior 
to January 21, 1926, for any hydrocarbon resource, except coal, oil 
shale or gilsonite, leasable under the Combined Hydrocarbon Leasing Act.
    (f) Unitization means unitization as that term is defined in 43 CFR 
part 3180.
[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3140.1  General provisions.



Sec. 3140.1-1  Existing rights.

    (a) The owner of an oil and gas lease issued prior to November 16, 
1981, or the owner of a valid claim based on a mineral location situated 
within a Special Tar Sand Area may convert that portion of the lease or 
claim so situated to a combined hydrocarbon lease, provided that such 
conversion is consistent with the provisions of this subpart.
    (b) Owners of oil and gas leases in Special Tar Sand Areas who elect 
not to convert their leases to a combined hydrocarbon lease do not 
acquire the rights to any hydrocarbon resource except oil and gas as 
those terms were defined prior to the enactment of the Combined 
Hydrocarbon Leasing Act of 1981. The failure to file an application to 
convert a valid claim based on a mineral location within the time herein 
provided shall have no effect on the validity of the mining claim nor 
the right to maintain that claim.



Sec. 3140.1-2  Notice of intent to convert.

    (a) Owners of oil and gas leases in Special Tar Sand Areas which are 
scheduled to expire prior to the effective date of these regulations or 
within 6 months thereafter, may preserve the right to convert their 
leases to combined hydrocarbon leases by filing a Notice of Intent to 
Convert with the State Director, Utah State Office, Bureau of Land 
Management, 136 E. South Temple, Salt Lake City, Utah 84111.
    (b) A letter, submitted by the lessee, notifying the Bureau of Land 
Management of the lessee's intention to submit a plan of operations 
shall constitute a notice of intent to convert a lease. The Notice of 
Intent shall contain the lease number.
    (c) The Notice of Intent shall be filed prior to the expiration date 
of the lease. The notice shall preserve the lessee's conversion rights 
only for a period ending 6 months after the effective date of this 
subpart.



Sec. 3140.1-3  Exploration plans.

    (a) The authorized officer may grant permission to holders of 
existing oil and gas leases to gather information to develop, perfect, 
complete or amend a plan of operations required for conversion upon the 
approval of the authorized officer of an exploration plan developed in 
accordance with 43 CFR 3592.1.
    (b) The approval of an exploration plan in units of the National 
Park System requires the consent of the Regional Director of the 
National Park Service in accordance with Sec. 3140.7 of this title.
    (c) The filing of an exploration plan alone shall be insufficient to 
meet the requirements of a complete plan of operations as set forth in 
Sec. 3140.2-3 of this title.
[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3140.1-4  Other provisions.

    (a) A combined hydrocarbon lease shall be for no more than 5,120 
acres. Acreage held under lease in a Special Tar Sand Area is not 
chargeable to State oil and gas limitations allowable in Sec. 3101.2 of 
this title.
    (b) The rental rate for a combined hydrocarbon lease shall be $2 per 
acre per year and shall be payable annually in advance.
    (c)(1) The royalty rate for a combined hydrocarbon lease converted 
from an oil and gas lease shall be that provided for in the original oil 
and gas lease.
    (2) The royalty rate for a combined hydrocarbon lease converted from 
a valid claim based on a mineral location shall be 12\1/2\ percent.
    (3) A reduction of royalties may be granted either as provided in 
Sec. 3103.4 of this title or, at the request of the lessee and upon a 
review of information provided by the lessee, prior to commencement of 
commercial operations if the purpose of the request is to promote 
development and the maximum production of tar sand.

[[Page 404]]

    (d)(1) Existing oil and gas leases and valid claims based on mineral 
locations may be unitized prior to or after the lease or claim has been 
converted to a combined hydrocarbon lease. The requirements of 43 CFR 
part 3180 shall provide the procedures and general guidelines for 
unitization of combined hydrocarbon leases. For leases within units of 
the National Park System, unitization requires the consent of the 
Regional Director of the National Park Service in accordance with 
Sec. 3140.4-1(b) of this title.
    (2) If the plan of operations submitted for conversion is designed 
to cover a unit, a fully executed unit agreement shall be approved 
before the plan of operations applicable to the unit may be approved 
under Sec. 3140.2 of this title. The proposed plan of operations and the 
proposed unit agreement may be reviewed concurrently. The approved unit 
agreement shall be effective after the leases or claims subject to it 
are converted to combined hydrocarbon leases. The plan of operations 
shall explain how and when each lease included in the unit operation 
will be developed.
    (e) Except as provided for in this subpart, the regulations set out 
in part 3100 of this title are applicable, as appropriate, to all 
combined hydrocarbon leases issued under this subpart.
[47 FR 22478, May 24, 1982, as amended at 48 FR 33682, July 22, 1983; 55 
FR 12351, Apr. 3, 1990; 61 FR 4752, Feb. 8, 1996]



Sec. 3140.2  Applications.



Sec. 3140.2-1  Forms.

    No special form is required for a conversion application.



Sec. 3140.2-2  Who may apply.

    Only owners of oil and gas leases issued within Special Tar Sands 
Areas, on or before November 16, 1981, and owners of valid claims based 
on mineral locations within Special Tar Sands Areas, are eligible to 
convert leases or claims to combined hydrocarbon leases in Special Tar 
Sands Areas.
[55 FR 12351, Apr. 3, 1990]



Sec. 3140.2-3  Application requirements.

    (a) The applicant shall submit to the State Director, Utah State 
Office of the Bureau of Land Management, a written request for a 
combined hydrocarbon lease signed by the owner of the lease or valid 
claim which shall be accompanied by 3 copies of a plan of operations 
which shall meet the requirements of 43 CFR 3592.1 and which shall 
provide for reasonable protection of the environment and diligent 
development of the resources requiring enhanced recovery methods of 
development or mining.
    (b) A plan of operations may be modified or amended before or after 
conversion of a lease or valid claim to reflect changes in technology, 
slippages in schedule beyond the control of the lessee, new information 
about the resource or the economic or environmental aspects of its 
development, changes to or initiation of applicable unit agreements or 
for other purposes. To obtain approval of a modification or amended 
plan, the applicant shall submit a written statement of the proposed 
changes or supplements and the justification for the changes proposed. 
Any modifications shall be in accordance with 43 CFR 3592.1(c). The 
approval of the modification or amendment is the responsibility of the 
authorized officer. Changes or modification to the plan of operations 
shall have no effect on the primary term of the lease. The authorized 
officer shall, prior to approving any amendment or modification, review 
the modification or amendment with the appropriate surface management 
agency. For leases within units of the National Park System, no 
amendment or modification shall be approved without the consent of the 
Regional Director of the National Park Service in accordance with 
Sec. 3140.7 of this title.
    (c) The plan of operations may be for a single existing oil and gas 
lease or valid claim or for an area of proposed unit operation.
    (d) The plan of operations shall identify by lease number all 
Federal oil and gas leases proposed for conversion and identify valid 
claims proposed for conversion by the recordation number of the mining 
claim.
    (e) The plan of operations shall include any proposed designation of 
operator or proposed operating agreement.

[[Page 405]]

    (f) The plan of operations may include an exploration phase, if 
necessary, but it shall include a development phase. Such a plan can be 
approved even though it may indicate work under the exploration phase is 
necessary to perfect the proposed plan for the development phase as long 
as the overall plan demonstrates reasonable protection of the 
environment and diligent development of the resources requiring enhanced 
recovery methods of mining.
    (g)(1) Upon determination that the plan of operations is complete, 
the authorized officer shall suspend the term of the Federal oil and gas 
lease(s) as of the date that the complete plan was filed until the plan 
is finally approved or rejected. Only the term of the oil and gas lease 
shall be suspended, not any operation and production requirements 
thereunder.
    (2) If the authorized officer determines that the plan of operations 
is not complete, the applicant shall be notified that the plan is 
subject to rejection if not completed within the period specified in the 
notice.
    (3) The authorized officer may request additional data after the 
plan of operations has been determined to be complete. This request for 
additional information shall have no effect on the suspension of the 
running of the oil and gas lease.
[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3140.3  Time limitations.



Sec. 3140.3-1  Conversion applications.

    A plan of operations to convert an existing oil and gas lease or 
valid claim based on a mineral location to a combined hydrocarbon lease 
shall be filed on or before November 15, 1983, or prior to the 
expiration of the oil and gas lease, whichever is earlier, except as 
provided in Sec. 3140.1-2 of this title.



Sec. 3140.3-2  Action on an application.

    The authorized officer shall take action on an application for 
conversion within 15 months of receipt of a proposed plan of operations.
[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3140.4  Conversion.



Sec. 3140.4-1  Approval of plan of operations (and unit and operating agreements).

    (a) The owner of an oil and gas lease, or the owner of a valid claim 
based on a mineral location shall have such lease or claim converted to 
a combined hydrocarbon lease when the plan of operations, filed under 
Sec. 3140.2 of this title, is deemed acceptable and is approved by the 
authorized officer.
    (b) The conversion of a lease within a unit of the National Park 
System shall be approved only with the consent of the Regional Director 
of the National Park Service in accordance with Sec. 3140.7 of this 
title.
    (c) A plan of operations may not be approved in part but may be 
approved where it contains an appropriately staged plan of exploration 
and development operations.
[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3140.4-2  Issuance of the combined hydrocarbon lease.

    (a) After a plan of operations is found acceptable, and is approved, 
the authorized officer shall prepare and submit to the owner, for 
execution, a combined hydrocarbon lease containing all appropriate terms 
and conditions, including any necessary stipulations that were part of 
the oil and gas lease being converted, as well as any additional 
stipulations, such as those required to ensure compliance with the plan 
of operations.
    (b) The authorized officer shall not sign the combined hydrocarbon 
lease until it has been executed by the conversion applicant and the 
lease or claim to be converted has been formally relinquished to the 
United States.
    (c) The effective date of the combined hydrocarbon lease shall be 
the first day of the month following the date that the authorized 
officer signs the lease.
    (d)(1) Except to the extent that any such lease would exceed 5,210 
acres, the authorized officer may issue, upon the request of the 
applicant, 1 combined hydrocarbon lease to cover contiguous oil and gas 
leases or valid claims based

[[Page 406]]

on mineral locations which have been approved for conversion.
    (2) To the extent necessary to promote the development of the 
resource, the authorized officer may issue, upon the request of the 
applicant, 1 combined hydrocarbon lease that does not exceed 5,120 
acres, which shall be as nearly compact as possible, to cover non-
contiguous oil and gas leases or valid claims which have been approved 
for conversion.



Sec. 3140.5  Duration of the lease.

    A combined hydrocarbon lease shall be for a primary term of 10 years 
and for so long thereafter as oil or gas is produced in paying 
quantities.



Sec. 3140.6  Use of additional lands.

    (a) The authorized officer may noncompetitively lease additional 
lands for ancillary facilities in a Special Tar Sand Area that are 
needed to support any operations necessary for the recovery of tar sand. 
Such uses include, but are not limited to, mill site or waste disposal. 
Application for a lease or permit to use additional lands shall be filed 
under the provisions of part 2920 of this title with the proper BLM 
office having jurisdiction of the lands. The application for additional 
lands may be filed at the time a plan of operations is filed.
    (b) A lease for the use of additional lands shall not be issued when 
the use can be authorized under parts 2800 and 2880 of this title. Such 
uses include, but are not limited to, reservoirs, pipelines, electrical 
generation systems, transmission lines, roads, and railroads.
    (c) Within units of the National Park System, permits or leases for 
additional lands shall only be issued by the National Park Service. 
Applications for such permits or leases shall be filed with the Regional 
Director of the National Park Service.



Sec. 3140.7  Lands within the National Park System.

    Conversions of existing oil and gas leases and valid claims based on 
mineral locations to combined hydrocarbon leases within units of the 
National Park System shall be allowed only where mineral leasing is 
permitted by law and where the lands covered by the lease or claim 
proposed for conversion are open to mineral resource disposition in 
accordance with any applicable minerals management plan. (See 43 CFR 
3100.0-3 (g)(4)). In order to consent to any conversion or any 
subsequent development under a combined hydrocarbon lease requiring 
further approval, the Regional Director of the National Park Service 
shall find that there will be no resulting significant adverse impacts 
on the resources and administration of such areas or on other contiguous 
units of the National Park System in accordance with Sec. 3109.2(b) of 
this title.
[47 FR 22478, May 24, 1982, as amended at 48 FR 33682, July 22, 1983; 55 
FR 12351, Apr. 3, 1990]



       Subpart 3141--Competitive Leasing in Special Tar Sand Areas

    Authority:  30 U.S.C. 181 et seq., 351 et seq., 43 U.S.C. 1701 et 
seq., 95 Stat. 1070.

    Source:  48 FR 7422, Feb. 18, 1983, unless otherwise noted.

    Note: The information collection requirements contained in 43 CFR 
subpart 3141 do not require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq. because there are fewer than 10 
respondents annually.




Sec. 3141.0-1  Purpose.

    The purpose of this subpart is to provide for the competitive 
leasing of lands and issuance of Combined Hydrocarbon Leases within 
Special Tar Sand Areas.



Sec. 3141.0-3  Authority.

    These regulations are issued under the authority of the Mineral 
Leasing Act of February 25, 1920 (30 U.S.C. 181 et seq.), the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Federal Land 
Policy and Manangement Act of 1976 (43 U.S.C. 1701 et seq.), and the 
Combined Hydrocarbon Leasing Act of 1981 (95 Stat. 1070).



Sec. 3141.0-5  Definitions.

    As used in this subpart, the term:
    (a) Combined hydrocarbon lease means a lease issued in a Special Tar 
Sand Area for the removal of any gas and

[[Page 407]]

 nongaseous hydrocarbon substance other than coal, oil shale or 
gilsonite.
    (b) Special Tar Sand Area means an area designated by the Department 
of the Interior's Orders of November 20, 1980 (45 FR 76800), and January 
21, 1981 (46 FR 6077), and referred to in those orders as Designated Tar 
Sand Areas, as containing substantial deposits of tar and sand.
    (c) Tar sand means any consolidated or unconsolidated rock (other 
than coal, oil shale or gilsonite) that either: (1) Contains a 
hydrocarbonaceous material with a gas-free viscosity, at original 
reservoir temperature greater than 10,000 centipoise, or (2) contains a 
hydrocarbonaceous material and is produced by mining or quarrying.
    (d) Oil means all nongaseous hydrocarbon substances other than those 
substances leasable as coal, oil shale or gilsonite (including all vein-
type solid hydrocarbons).



Sec. 3141.0-8  Effect of existing regulations.

    (a) The following provisions of part 3100 of this title, as they 
relate to competitive leasing, apply to the issuance and administration 
of combined hydrocarbon leases issued under this part.
    (1) All of subpart 3100, with the exception of Sec. 3100.3-2;
    (2) The following sections of subpart 3101: Secs. 3101.1-1, 3101.2-
1, 3101.2-2, 3101.2-4, 3101.2-5, 3101.7-1, 3101.7-2, and 3101.7-3;
    (3) All of subpart 3102;
    (4) All of subpart 3103, with the exception of Secs. 3103.2-1, those 
portions of 3103.2-2 dealing with noncompetitive leases, and 3103.3-1 
(a), (b), and (c);
    (5) All of subpart 3104;
    (6) All of subpart 3105;
    (7) All of subpart 3106, with the exception of Sec. 3106.1 (c);
    (8) All of subpart 3107, with the exception of Sec. 3107.7;
    (9) All of subpart 3108; and
    (10) All of subpart 3109, with special emphasis on Sec. 3109.2 (b).
    (b) Prior to commencement of operations, the lessee shall develop 
either a plan of operations as described in 43 CFR 3592.1 which ensures 
reasonable protection of the environment or file an application for a 
permit to drill as described in 43 CFR part 3160, whichever is 
appropriate.
    (c) The provisions of 43 CFR part 3180 shall serve as general 
guidance to the administration of combined hydrocarbon leases issued 
under this subpart to the extent they may be included in unit or 
cooperative agreements.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.1  General.

    (a) All oil and gas within a Special Tar Sand Area shall be leased 
only by competitive bonus bidding and only combined hydrocarbon leases 
shall be issued for oil and gas within such areas.
    (b) The acreage of combined hydrocarbon leases held within a Special 
Tar Sand Area shall not be charged against acreage limitations for the 
holding of oil and gas leases.
    (c)(1) The authorized officer may noncompetitively lease additional 
lands for ancillary facilities in a Special Tar Sand Area that are shown 
by an applicant to be needed to support any operations necessary for the 
recovery of tar sand. Such uses include, but are not limited to, mill 
siting or waste disposal. An application for a lease or permit to use 
additional lands shall be filed under the provisions of part 2920 of 
this title with the proper BLM office having jurisdiction of the lands. 
The application for additional lands may be filed at the time a plan of 
operations is filed.
    (2) A lease for the use of additional lands shall not be issued 
under this part when the use can be authorized under part 2800 of this 
title. Such uses include, but are not limited to, reservoirs, pipelines, 
electrical generation systems, transmission lines, roads and railroads.
    (3) Within units of the National Park System, permits or leases for 
additional lands for any purpose shall be issued only by the National 
Park Service. Applications for such permits or leases shall be filed 
with the Regional Director of the National Park Service.

[[Page 408]]



Sec. 3141.2  Prelease exploration within Special Tar Sand Areas.



Sec. 3141.2-1  Geophysical exploration.

    Geophysical exploration in Special Tar Sand Areas shall be governed 
by part 3150 of this title. Information obtained under a permit shall be 
made available to the Bureau of Land Management upon request.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.2-2  Exploration licenses.

    (a) Any person(s) qualified to hold a lease under the provisions of 
subpart 3102 of this title and this subpart may obtain an exploration 
license to conduct core drilling and other exploration activities to 
collect geologic, environmental and other data concerning tar sand 
resources only on lands, the surface of which are under the jurisdiction 
of the Bureau of Land Management, within or adjacent to a Special Tar 
Sand Area. The application for such a license shall be submitted to the 
proper BLM office having jurisdiction of the lands. No drilling for oil 
or gas will be allowed under an exploration license issued under this 
subpart. No specific form is required for an application for an 
exploration license.
    (b) The application for an exploration license shall be subject to 
the following requirements:
    (1) Each application shall contain the name and address of the 
applicant(s);
    (2) Each application shall be accompanied by a nonrefundable filing 
fee of $250.00;
    (3) Each application shall contain a description of the lands 
covered by the application according to section, township and range in 
accordance with the official survey;
    (4) Each application shall include 3 copies of an exploration plan 
which complies with the requirements of 43 CFR 4392.1 (a); and
    (5) An application shall cover no more than 5,120 acres, which shall 
be as nearly compact as possible.

The authorized officer may grant an exploration license covering more 
than 5,120 acres only if the application contains a justification for an 
exception to the normal limitation.
    (c) The authorized officer may, if he/she determines it necessary to 
avoid impacts resulting from duplication of exploration activities, 
require applicants for exploration licenses to provide an opportunity 
for other parties to participate in exploration under the license on a 
pro rata cost sharing basis. If joint participation is determined 
necessary, it shall be conducted according to the following:
    (1) Immediately upon the notification of a determination that 
parties shall be given an opportunity to participate in the exploration 
license, the applicant shall publish a ``Notice of Invitation,'' 
approved by the authorized officer, once every week for 2 consecutive 
weeks in at least 1 newspaper of general circulation in the area where 
the lands covered by the exploration license are situated. This notice 
shall contain an invitation to the public to participate in the 
exploration license on a pro rata cost sharing basis. Copies of the 
``Notice of Invitation'' shall be filed with the authorized officer at 
the time of publication by the applicant for posting in the proper BLM 
office having jurisdiction over the lands covered by the application for 
at least 30 days prior to the issuance of the exploration license.
    (2) Any person seeking to participate in the exploration program 
described in the Notice of Invitation shall notify the authorized 
officer and the applicant in writing of such intention within 30 days 
after posting in the proper BLM office having jurisdiction over the 
lands covered by the Notice of Invitation. The authorized officer may 
require modification of the original exploration plan to accommodate the 
legitimate exploration needs of the person(s) seeking to participate and 
to avoid the duplication of exploration activities in the same area, or 
that the person(s) should file a separate application for an exploration 
license.
    (3) An application to conduct exploration which could have been 
conducted under an existing or recent exploration license issued under 
this paragraph may be rejected.
    (d) The authorized officer may accept or reject an exploration 
license application. An exploration license shall become effective on 
the date specifed by

[[Page 409]]

the authorized officer as the date when exploration activities may 
begin. The exploration plan approved by the Bureau of Land Management 
shall be attached and made a part of each exploration license.
    (e) An exploration license shall be subject to these terms and 
conditions:
    (1) The license shall be for a term of not more than 2 years;
    (2) The rental shall be $2 per acre per year payable in advance;
    (3) The licensee shall provide a bond in an amount determined by the 
authorized officer, but not less than $5,000. The authorized officer may 
accept bonds furnished under subpart 3104 of this title, if adequate. 
The period of liability under the bond shall be terminated only after 
the authorized officer determines that the terms and conditions of the 
license, the exploration plan and the regulations have been met;
    (4) The licensee shall provide to the Bureau of Land Management upon 
request all required information obtained under the license. Any 
information provided shall be treated as confidential and proprietary, 
if appropriate, at the request of the licensee, and shall not be made 
public until the areas involved have been leased or only if the Bureau 
of Land Management determines that public access to the data will not 
damage the competitive position of the licensee.
    (5) Operations conducted under a license shall not unreasonably 
interfere with or endanger any other lawful activity on the same lands, 
shall not damage any improvements on the lands, and shall not result in 
any substantial disturbance to the surface of the lands and their 
resources;
    (6) The authorized officer shall include in each license 
requirements and stipulations to protect the environment and associated 
natural resources, and to ensure reclamation of the land disturbed by 
exploration operations;
    (7) When unforeseen conditions are encountered that could result in 
an action prohibited by paragraph (e)(5) of this section, or when 
warranted by geologic or other physical conditions, the authorized 
officer may adjust the terms and conditions of the exploration license, 
may direct adjustment in the exploration plan;
    (8) The licensee may submit a request for modification of the 
exploration plan to the authorized officer. Any modification shall be 
subject to the regulations in this section and the terms and conditions 
of the license. The authorized officer may approve the modification 
after any necessary adjustments to the terms and conditions of the 
license that are accepted in writing by the licensee; and
    (9) The license shall be subject to termination or suspension as 
provided in Sec. 2920.9-3 of this title.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.3  Land use plans.

    No lease shall be issued under this subpart unless the lands have 
been included in a land use plan which meets the requirements under part 
1600 of this title or an approved Minerals Management Plan of the 
National Park Service. The decision to hold a lease sale and issue 
leases shall be in conformance with the appropriate plan.



Sec. 3141.4  Consultation.



Sec. 3141.4-1  Consultation with the Governor.

    The Secretary shall consult with the Governor of the State in which 
any tract proposed for sale is located. The Secretary shall give the 
Governor 30 days to comment before determining whether to conduct a 
lease sale. The Secretary shall seek the recommendations of the Governor 
of the State in which the lands proposed for lease are located as to 
whether or not to lease such lands and what alternative actions are 
available and what special conditions could be added to the proposed 
lease(s) to mitigate impacts. The Secretary shall accept the 
recommendations of the Governor if he/she determines that they provide 
for a reasonable balance between the national interest and the State's 
interest. The Secretary shall communicate to the Governor in writing and 
publish in the Federal Register the reasons for his/her determination to 
accept or reject such Governor's recommendations.

[[Page 410]]



Sec. 3141.4-2  Consultation with others.

    (a) Where the surface is administered by an agency other than the 
Bureau of Land Management, including lands patented or leased under the 
provisions of the Recreation and Public Purposes Act, as amended (43 
U.S.C. 869 et seq.), all leasing under this subpart shall be in 
accordance with the consultation requirements of subpart 3100 of this 
title.
    (b) The issuance of combined hydrocarbon leases within units of the 
National Park System shall be allowed only where mineral leasing is 
permitted by law and where the lands are open to mineral resource 
disposition in accordance with any applicable Minerals Management Plan. 
In order to consent to any issuance of a combined hydrocarbon lease or 
subsequent development of combined hydrocarbon resources within a unit 
of National Park System, the Regional Director of the National Park 
Service shall find that there will be no resulting significant adverse 
impacts to the resources and administration of the unit or other 
contiguous units of the National Park System in accordance with 
Sec. 3109.2 (b) of this title.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.5  Leasing procedures.



Sec. 3141.5-1  Economic evaluation.

    Prior to any lease sale, the authorized officer shall request an 
economic evaluation of the total hydrocarbon resource on each proposed 
lease tract exclusive of coal, oil shale or gilsonite.



Sec. 3141.5-2  Term of lease.

    Combined hydrocarbon leases shall have a primary term of 10 years 
and shall remain in effect so long thereafter as oil or gas is produced 
in paying quantities.



Sec. 3141.5-3  Royalties and rentals.

    (a) The royalty rate on all combined hydrocarbon leases is 12\1/2\ 
percent of the value of production removed or sold from a lease. The 
Minerals Management Service shall be responsible for collecting and 
administering royalties.
    (b) The lessee may request the Secretary to reduce the royalty rate 
applicable to tar sand prior to commencement of commercial operations in 
order to promote development and maximum production of the tar sand 
resource in accordance with procedures established by the Bureau of Land 
Managment and may request a reduction in the royalty after commencement 
of commercial operations in accordance with Sec. 3103.4-1 of this title.
    (c) The rental rate for a combined hydrocarbon lease shall be $2 per 
acre per year, and shall be payable annually in advance.
    (d) Except as explained in paragraphs (a), (b), and (c) of this 
section, all other provisions of Secs. 3103.2 and 3103.3 of this title 
apply to combined hydrocarbon leasing.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.5-4  Lease size.

    Combined hydrocarbon leases shall not exceed 5,120 acres.



Sec. 3141.5-5  Dating of lease.

    A combined hydrocarbon lease shall be effective as of the first day 
of the month following the date the lease is signed on behalf of the 
United States, except that where prior written request is made, a lease 
may be made effective on the first of the month in which the lease is 
signed.



Sec. 3141.6  Sale procedures.



Sec. 3141.6-1  Initiation of competitive lease offering.

    The Bureau of Land Management may, on its own motion, offer lands 
through competitive bidding. A request or expression(s) of interest in 
tract(s) for competitive lease offerings shall be submitted in writing 
to the proper BLM office.



Sec. 3141.6-2  Publication of a notice of competitive lease offering.

    Where a determination to offer lands for competitive leasing is 
made, a notice shall be published of the lease sale in the Federal 
Register and a newspaper of general circulation in the area in which the 
lands to be leased are located. The publication shall appear

[[Page 411]]

once in the Federal Register and at least once a week for 3 consecutive 
weeks in a newspaper, or for other such periods deemed necessary. The 
notice shall specify the time and place of sale, the manner in which the 
bids may be submitted; the description of the lands; the terms and 
conditions of the lease, including the royalty and rental rates; the 
amount of the minimum bid; and shall state that the terms and conditions 
of the leases are available for inspection and designate the proper BLM 
office where bid forms may be obtained.
[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990]



Sec. 3141.6-3  Conduct of sales.

    (a) Competitive sales shall be conducted by the submission of 
written sealed bids.
    (b) Minimum bids shall be not less than $25 per acre.
    (c) In the event that only 1 sealed bid is received and it is equal 
to or greater than the minimum bid, that bid shall be considered the 
highest bid.
    (d) The authorized officer may reject any or all bids.
    (e) The authorized officer may waive minor deficiencies in the bids 
or the lease sale advertisement.
    (f) A bid deposit of one-fifth of the amount of the sealed bid shall 
be required and shall accompany the sealed bid. All bid deposits shall 
be in the form of either a certified check, money order, bank cashier's 
check or cash.



Sec. 3141.6-4  Qualifications.

    Each bidder shall submit with the bid a statement over the bidder's 
signature with respect to compliance with subpart 3102 of this title.



Sec. 3141.6-5  Fair market value.

    Only those bids which reflect the fair market value of the tract(s) 
as determined by the authorized officer shall be accepted; all other 
bids shall be rejected.



Sec. 3141.6-6  Rejection of bid.

    If the high bid is rejected for failure by the successful bidder to 
execute the lease forms and pay the balance of the bonus bid, or 
otherwise to comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited.



Sec. 3141.6-7  Consideration of next highest bid.

    The Department reserves the right to accept the next highest bid if 
the highest bid is rejected. In no event shall an offer be made to the 
next highest bidder if the difference beween his/her bid and that of the 
rejected successful bidder is greater than the one-fifth bonus forfeited 
by the rejected successful bidder.
[55 FR 12351, Apr. 3, 1990]



Sec. 3141.7  Award of lease.

    After determining the highest responsible qualified bidder, the 
authorized officer shall send 3 copies of the lease on a form approved 
by the Director, and any necessary stipulations, to the successful 
bidder. The successful bidder shall, not later than the 30th day after 
receipt of the lease, execute the lease, pay the balance of the bid and 
the first year's rental, and file a bond as required in subpart 3104 of 
this title. Failure to comply with this section shall result in 
rejection of the lease.



          Subpart 3142--Paying Quantities/Diligent Development

    Source:  51 FR 7276, Mar. 3, 1986, unless otherwise noted.



Sec. 3142.0.1  Purpose.

    This subpart provides definitions and procedures for meeting the 
production in paying quantities and the diligent development 
requirements for tar sand in all combined hydrocarbon leases.



Sec. 3142.0-3  Authority.

    These regulations are issued under the authority of the Mineral 
Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et 
seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359), 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and the Combined Hydrocarbon Leasing Act of 1981 (95 Stat. 1070).

[[Page 412]]



Sec. 3142.0-5  Definitions.

    As used in part 3140 of this title, the term production in paying 
quantities means:
    (a) Production, in compliance with an approved plaln of operations 
and by nonconventional methods, of oil and gas which can be marketed; or
    (b) Production of oil or gas by conventional methods as the term is 
currently used in part 3160 of this title.



Sec. 3142.1  Diligent development.

    A lessee shall have met his/her diligent development obligation if:
    (a) The lessee is conducting activity on the lease in accordance 
with an approved plan of operations; and
    (b) The lessee files with the authorized officer, not later than the 
end of the eighth lease year, a supplement to the approved plan of 
operations which shall include the estimated recoverable tar sand 
reserves and a detailed development plan for the next stage of 
operations;
    (c) The lessee has achieved production in paying quantities, as that 
term is defined in Sec. 3142.0-5(a) of this title, by the end of the 
primary term; and
    (d) The lessee annually produces the minimum amount of tar sand 
established by the authorized officer under the lease in the minimum 
production schedule which shall be made part of the plan of operations 
or pays annually advance royalty in lieu of this minimum production.



Sec. 3142.2  Minimum production levels.



Sec. 3142.2-1  Minimum production schedule.

    Upon receipt of the supplement to the plan of operations described 
in Sec. 3142.1(b) of this title, the authorized officer shall examine 
the information furnished by the lessee and determine if the estimate of 
the recoverable tar sand reserves is adequate and reasonable. In making 
this determination, the authorized officer may request, and the lessee 
shall furnish, any information that is the basis of the lessee's 
estimate of the recoverable tar sand reserves. As part of the authorized 
officer's determination that the estimate of the recoverable tar sand 
reserves is adequate and reasonable, he/she may consider, but is not 
limited to, the following: or grade, strip ratio, vertical and horizal 
continuity, extract process recoverability, and proven or unproven 
status of extraction technology, terrain, environmental mitigation 
factors, marketability of products and capital operations costs. The 
authorized officer shall then establish as soon as possible, but prior 
to the beginning of the eleventh year, based upon the estimate of the 
recoverable tar sand reserves, a minimum annual tar sand production 
schedule for the lease or unit operations which shall start in the 
eleventh year of the lease. This minimum production level shall escalate 
in equal annual increments to a maximum of 1 percent of the estimated 
recoverable tar sand reserves in the twentieth year of the lease and 
remain at 1 percent each year thereafter.



Sec. 3142.2-2  Advance royalties in lieu of production.

    (a) Failure to meet the minimum annual tar sand production schedule 
level in any year shall result in the assessment of an advance royalty 
in lieu of production which shall be credited to future production 
royalty assessments applicable to the lease or unit.
    (b) If there is no production during the lease year, and the lessee 
has reason to believe that there shall be no production during the 
remainder of the lease year, the lessee shall submit to the authorized 
officer a request for suspension of production at least 90 days prior to 
the end of that lease year and a payment sufficient to cover any advance 
royalty due and owing as a result of the failure to produce. Upon 
receipt of the request for suspension of production and the accompanying 
payment, the authorized officer shall approve a suspension of production 
for that lease year and the lease shall not expire during that year for 
lack of production.
    (c) If there is production on the lease or unit during the lease 
year, but such production fails to meet the minimum production schedule 
required by the plan of operations for that lease or unit, the lessee 
shall pay an advance royalty within 60 days of the end of the lease year 
in an amount sufficient to

[[Page 413]]

cover the difference between such actual production and the production 
schedule required by the plan of operations for that lease or unit and 
the authorized officer shall direct a suspension of production for those 
periods during which no production occurred.



Sec. 3142.3  Expiration.

    Failure of the lessee to pay advance royalty within the time 
prescribed by the authorized officer, or failure of the lessee to comply 
with any other provisions of this subpart following the end of the 
primary term of the lease, shall result in the automatic expiration of 
the lease as of the first of the month following notice to the lessee of 
its failure to comply. The lessee shall remain subject to the 
requirement of applicable laws, regulations and lease terms which have 
not been met at the expiration of the lease.



PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION--Table of Contents




   Subpart 3150--Onshore Oil and Gas Geophysical Exploration; General

Sec.
3150.0-1  Purpose.
3150.0-3  Authority.
3150.0-5  Definitions.
3150.1  Suspension, revocation or cancellation.
3150.2  Appeals.

               Subpart 3151--Exploration Outside of Alaska

3151.1  Notice of intent to conduct oil and gas geophysical exploration 
          operations.
3151.2  Notice of completion of operations.

                   Subpart 3152--Exploration in Alaska

3152.1  Application for oil and gas geophysical exploration permit.
3152.2  Action on application.
3152.3  Renewal of exploration permit.
3152.4  Relinquishment of exploration permit.
3152.5  Modification of exploration permit.
3152.6  Collection and submission of data.
3152.7  Completion of operations.

    Subpart 3153--Exploration of Lands Under the Jurisdiction of the 
                          Department of Defense

3153.1  Geophysical permit requirements.

                     Subpart 3154--Bond Requirements

3154.1  Types of bonds.
3154.2  Additional bonding.
3154.3  Bond cancellation or termination of liability.

    Authority:  30 U.S.C. 181 et seq., 30 U.S.C. 351-359, 43 U.S.C. 1701 
et seq., 16 U.S.C. 3101 et seq., 31 U.S.C. 483a, 42 U.S.C. 6504, 42 
U.S.C. 6508.

    Source:  53 FR 17359, May 16, 1988, unless otherwise noted.



   Subpart 3150--Onshore Oil and Gas Geophysical Exploration; General



Sec. 3150.0-1  Purpose.

    The purpose of this part is to establish procedures for conducting 
oil and gas geophysical exploration operations when authorization for 
such operations is required from the Bureau of Land Management. 
Geophysical exploration on public lands, the surface of which is 
administered by the Bureau, requires Bureau approval. The procedures in 
this part also apply to geophysical exploration conducted under the 
rights granted by any Federal oil and gas lease unless the surface is 
administered by the U.S. Forest Service. However, a lessee may elect to 
conduct exploration operations outside of the rights granted by the 
lease, in which case authorization from the surface managing agency or 
surface owner may be required. At the request of any other surface 
managing agency, the procedures in this part may be applied on a case-
by-case basis to unleased public lands administered by such agency. The 
procedures of this part do not apply to:
    (a) Casual use activities;
    (b) Operations conducted on private surface overlying public lands 
unless such operations are conducted by a lessee under the rights 
granted by the Federal oil and gas lease; and
    (c) Exploration operations conducted in the Arctic National Wildlife 
Refuge in accordance with section 1002 of the Alaska National Interest 
Lands Conservation Act (See 50 CFR part 37).



Sec. 3150.0-3  Authority.

    The Mineral Leasing Act of 1920, as amended and supplemented, (30 
U.S.C. 181 et seq.), the Mineral Leasing Act for

[[Page 414]]

Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
the Independent Offices Appropriations Act of 1952 (31 U.S.C. 483a), the 
Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6504) and the 
Department of the Interior Appropriations Act, Fiscal Year 1981 (42 
U.S.C. 6508).



Sec. 3150.0-5  Definitions.

    As used in this part, the term:
    (a) Oil and gas geophysical exploration means activity relating to 
the search for evidence of oil and gas which requires the physical 
presence upon the lands and which may result in damage to the lands or 
the resources located thereon. It includes, but is not limited to, 
geophysical operations, construction of roads and trails and cross-
country transit of vehicles over such lands. It does not include core 
drilling for subsurface geologic information or drilling for oil and 
gas; these activities shall be authorized only by the issuance of an oil 
and gas lease and the approval of an Application for a Permit to Drill. 
The regulations in this part, however, are not intended to prevent 
drilling operations necessary for placing explosive charges, where 
permissible, for seismic exploration.
    (b) Casual use means activities that involve practices which do not 
ordinarily lead to any appreciable disturbance or damage to lands, 
resources and improvements. For example, activities which do not involve 
use of heavy equipment or explosives and which do not involve vehicular 
movement except over established roads and trails are casual use.
[53 FR 17359, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3150.1  Suspension, revocation or cancellation.

    The right to conduct exploration under notices of intent and oil and 
gas geophysical exploration permits may be revoked or suspended, after 
notice, by the authorized officer and upon a final administrative 
finding of a violation of any term or condition of the instrument, 
including, but not limited to, terms and conditions requiring compliance 
with regulations issued under Acts applicable to the public lands and 
applicable State air and water quality standards or implementation 
plans. The Secretary may order an immediate temporary suspension of 
activities authorized under a permit or other use authorization prior to 
a hearing or final administrative finding if he/she determines that such 
a suspension is necessary to protect health or safety or the 
environment. Further, where other applicable law contains specific 
provisions for suspension, revocation, or cancellation of a permit or 
other authorization to use, occupy, or develop the public lands, the 
specific provisions of such law shall prevail.



Sec. 3150.2  Appeals.

    (a) A party adversely affected by a decision or approval of the 
authorized officer may appeal that decision to the Interior Board of 
Land Appeals as set forth in part 4 of this title.
    (b) All decisions and approvals of the authorized officer under this 
part shall remain effective pending appeal unless the Interior Board of 
Land Appeals determines otherwise upon consideration of the standards 
stated in this paragraph. The provisions of 43 CFR 4.21(a) shall not 
apply to any decision or approval of the authorized officer under this 
part. A petition for a stay of a decision or approval of the authorized 
officer shall be filed with the Interior Board of Land Appeals, Office 
of Hearings and Appeals, Department of the Interior, and shall show 
sufficient justification based on the following standards:
    (1) The relative harm to the parties if the stay is granted or 
denied,
    (2) The likelihood of the appellant's success on the merits,
    (3) The likelihood of irreparable harm to the appellant or resources 
if the stay is not granted, and
    (4) Whether the public interest favors granting the stay.

Nothing in this paragraph shall diminish the discretionary authority of 
the authorized officer to stay the effectiveness of a decision subject 
to appeal pursuant to paragraph (a) of this section upon a request by an 
adversely affected party or on the authorized officer's

[[Page 415]]

own initiative. If the authorized officer denies such a request, the 
requester can petition for a stay of the denial decision by filing a 
petition with the Interior Board of Land Appeals that addresses the 
standards described above in this paragraph.
[57 FR 9012, Mar. 13, 1992, as amended at 57 FR 44336, Sept. 25, 1992]



               Subpart 3151--Exploration Outside of Alaska



Sec. 3151.1  Notice of intent to conduct oil and gas geophysical exploration operations.

    Parties wishing to conduct oil and gas geophysical exploration 
outside of the State of Alaska shall file a Notice of Intent to Conduct 
Oil and Gas Exploration Operations, referred to herein as a notice of 
intent. The notice of intent shall be filed with the District Manager of 
the proper BLM office on the form approved by the Director. Within 5 
working days of the filing date, the authorized officer shall process 
the notice of intent and notify the operator of practices and procedures 
to be followed. If the notice of intent cannot be processed within 5 
working days of the filing date, the authorized officer shall promptly 
notify the operator as to when processing will be completed, giving the 
reason for the delay. The operator shall, within 5 working days of the 
filing date, or such other time as may be convenient for the operator, 
participate in a field inspection if requested by the authorized 
officer. Signing of the notice of intent by the operator shall signify 
agreement to comply with the terms and conditions contained therein and 
in this part, and with all practices and procedures specified at any 
time by the authorized officer.



Sec. 3151.2  Notice of completion of operations.

    Upon completion of exploration, there shall be filed with the 
District Manager a Notice of Completion of Oil and Gas Exploration 
Operations. Within 30 days after this filing, the authorized officer 
shall notify the party whether rehabilitation of the lands is 
satisfactory or whether additional rehabilitation is necessary, 
specifying the nature and extent of actions to be taken by the operator.



                   Subpart 3152--Exploration in Alaska



Sec. 3152.1  Application for oil and gas geophysical exploration permit.

    Parties wishing to conduct oil and gas geophysical exploration 
operations in Alaska shall complete an application for an oil and gas 
geophysical exploration permit. The application shall contain the 
following information:
    (a) The applicant's name and address;
    (b) The operator's name and address;
    (c) The contractor's name and address;
    (d) A description of lands involved by township and range, including 
a map or overlays showing the lands to be entered and affected;
    (e) The period of time when operations will be conducted; and
    (f) A plan for conducting the exploration operations.

The application shall be submitted, along with a nonrefundable filing 
fee of $25 (except where the exploration operations are to be conducted 
on a lease held by or on behalf of the lessee), to the District Manager 
of the proper BLM office.



Sec. 3152.2  Action on application.

    (a) The authorized officer shall review each application and approve 
or disapprove it within 90 calendar days, unless compliance with 
statutory requirements such as the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) delays this action. The applicant shall be 
notified promptly in writing of any such delay.
    (b) The authorized officer shall include in each geophysical 
exploration permit terms and conditions deemed necessary to protect 
values, mineral resources, and nonmineral resources. Geophysical permits 
within National Petroleum Reserve--Alaska shall contain such reasonable 
conditions, restrictions and prohibitions as the authorized officer 
deems appropriate to mitigate adverse effects upon the surface resources 
of the Reserve and to satisfy the requirement of section 104(b) of the 
Naval Petroleum Reserves

[[Page 416]]

 Production Act of 1976 (42 U.S.C. 6504) (See part 3130 for stipulations 
relating to the National Petroleum Reserve--Alaska).
    (c) An exploration permit shall become effective on the date 
specified by the authorized officer and shall expire 1 year thereafter.
    (d) For lands subject to section 1008 of the Alaska National 
Interest Lands Conservation Act, exploration shall be authorized only 
upon a determination that such activities can be conducted in a manner 
which is consistent with the purposes for which the affected area is 
managed under applicable law.



Sec. 3152.3  Renewal of exploration permit.

    Upon application by the permittee and payment of a nonrefundable 
filing fee of $25 (except where the exploration operations are to be 
conducted on a leasehold by or on behalf of the lessee), an exploration 
permit may be renewed for a period not to exceed 1 year.



Sec. 3152.4  Relinquishment of exploration permit.

    Subject to the continued obligations of the permittee and the surety 
to comply with the terms and conditions of the exploration permit and 
the regulations, the permittee may relinquish an exploration permit for 
all or any portion of the lands covered by it. Such relinquishment shall 
be filed with the District Manager of the proper BLM office.



Sec. 3152.5  Modification of exploration permit.

    (a) A permittee may request, and the authorized officer may approve 
a modification of an exploration permit.
    (b) The authorized officer may, after consultation with the 
permittee, require modifications determined necessary.



Sec. 3152.6  Collection and submission of data.

    (a) The permittee shall submit to the authorized officer all data 
and information obtained in carrying out the exploration plan.
    (b) The Bureau shall not release such data and information and any 
processed, analyzed and interpreted material until such time as 
disclosure would not adversely affect, in the opinion of the authorized 
officer, the competitive position of the permittee.



Sec. 3152.7  Completion of operations.

    (a) The permittee shall submit to the authorized officer a 
completion report within 30 days of completion of all operations under 
the permit. The completion report shall contain the following:
    (1) A description of all work performed;
    (2) Charts, maps or plats depicting the areas and blocks in which 
the exploration was conducted and specifically identifying the lines of 
geophysical traverses and any roads constructed;
    (3) The dates on which the actual exploration was conducted;
    (4) Such other information about the exploration operations as may 
be specified by the authorized officer in the permit; and
    (5) A statement that all terms and conditions have been complied 
with or that corrective measures shall be taken to rehabilitate the 
lands or other resources.
    (b) Within 90 days after the authorized officer receives a 
completion report from the permittee that exploration has been completed 
or after the expiration of the permit, whichever occurs first, the 
authorized officer shall notify the permittee of the specific nature and 
extent of any additional measures required to rectify any damage to the 
lands and resources.
[53 FR 17359, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



    Subpart 3153--Exploration of Lands Under the Jurisdiction of the 
                          Department of Defense



Sec. 3153.1  Geophysical permit requirements.

    Except in unusual circumstances, permits for geophysical exploration 
on unleased lands under the jurisdiction of the Department of Defense 
shall be issued by the appropriate agency of that Department. In the 
event an agency of the Department of Defense refers an

[[Page 417]]

application for exploration to the Bureau for issuance, the provisions 
of subpart 3152 of this title shall apply. Geophysical exploration on 
lands under the jurisdiction of the Department of Defense shall be 
authorized only with the consent of, and subject to such terms and 
conditions as may be required by, the Department of Defense.



                     Subpart 3154--Bond Requirements



Sec. 3154.1  Types of bonds.

    Prior to each planned exploration, the party(s) filing the notice of 
intent or application for a permit shall file with the authorized 
officer a bond as described in Sec. 3104.1 of this title in the amount 
of at least $5,000, conditioned upon full and faithful compliance with 
the terms and conditions of this subpart and the notice of intent or 
permit. In lieu thereof, the party(s) may file a statewide bond in the 
amount of $25,000 covering all oil and gas exploration operations in the 
same State or a nationwide bond in the amount of $50,000 covering all 
oil and gas exploration operations in the nation. Holders of individual, 
statewide or nationwide oil and gas lease bonds shall be allowed to 
conduct exploration on their leaseholds without further bonding, and 
holders of statewide or nationwide lease bonds wishing to conduct 
exploration on lands they do not have under lease may obtain a rider to 
include oil and gas exploration operations under this part. Holders of 
nationwide or any National Petroleum Reserve-Alaska oil and gas lease 
bonds shall be permitted to obtain a rider to include the coverage of 
oil and gas exploration within the National Petroleum Reserve--Alaska 
under subpart 3152 of this title.



Sec. 3154.2  Additional bonding.

    The authorized officer may increase the amount of any bond that is 
required under this subpart after determining that additional coverage 
is needed to ensure protection of the lands or resources.



Sec. 3154.3  Bond cancellation or termination of liability.

    The authorized officer shall not consent to the cancellation of the 
bond or the termination of liability unless and until the terms and 
conditions of the notice of intent or permit have been met. Should the 
authorized officer fail to notify the party within 90 days of the filing 
of a notice of completion of the need for additional action by the 
operator to rehabilitate the lands, liability for that particular 
exploration operation shall automatically terminate.
[53 FR 17359, May 16, 1988; 53 FR 31867, Aug. 22, 1988]



PART 3160--ONSHORE OIL AND GAS OPERATIONS--Table of Contents




          Subpart 3160--Onshore Oil and Gas Operations: General

Sec.
3160.0-1  Purpose.
3160.0-2  Policy.
3160.0-3  Authority.
3160.0-4  Objectives.
3160.0-5  Definitions.
3160.0-7  Cross references.
3160.0-9  Information collection.

              Subpart 3161--Jurisdiction and Responsibility

3161.1  Jurisdiction.
3161.2  Responsibility of the authorized officer.
3161.3  Inspections.

  Subpart 3162--Requirements for Operating Rights Owners and Operators

3162.1  General requirements.
3162.2  Drilling and producing obligations.
3162.3  Conduct of operations.
3162.3-1  Drilling applications and plans.
3162.3-2  Subsequent well operations.
3162.3-3  Other lease operations.
3162.3-4  Well abandonment.
3162.4  Records and reports.
3162.4-1  Well records and reports.
3162.4-2  Samples, tests, and surveys.
3162.4-3  Monthly report of operations (Form 3160-6).
3162.5  Environment and safety.
3162.5-1  Environmental obligations.
3162.5-2  Control of wells.
3162.5-3  Safety precautions.
3162.6  Well and facility identification.
3162.7  Measurement, disposition, and protection of production.
3162.7-1  Disposition of production.
3162.7-2  Measurement of oil.
3162.7-3  Measurement of gas.
3162.7-4  Royalty rates on oil; sliding and step-scale leases (public 
          land only).

[[Page 418]]

3162.7-5  Site security on Federal and Indian (except Osage) oil and gas 
          leases.
3162.8  Confidentiality.

         Subpart 3163--Noncompliance, Assessments, and Penalties

3163.1  Remedies for acts of noncompliance.
3163.2  Civil penalties.
3163.3  Criminal penalties.
3163.4  Failure to pay.
3163.5  Assessments and civil penalties.
3163.6  Injunction and specific performance.

                    Subpart 3164--Special Provisions

3164.1  Onshore Oil and Gas Orders.
3164.2  NTL's and other implementing procedures.
3164.3  Surface rights.
3164.4  Damages on restricted Indian lands.

              Subpart 3165--Relief, Conflicts, and Appeals

3165.1  Relief from operating and producing requirements.
3165.1-1  Relief from royalty and rental requirements.
3165.2  Conflicts between regulations.
3165.3  Notice, State Director review and hearing on the record.
3165.4  Appeals.

    Authority:  43 U.S.C. 1733; 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 
306; 25 U.S.C. 396, 396d, 398e, 399; 42 U.S.C. 6508; 30 U.S.C. 1701 et 
seq.

    Source:  47 FR 47765, Oct. 27, 1982, unless otherwise noted. 
Redesignated at 48 FR 36583-36586, Aug. 12, 1983.



          Subpart 3160--Onshore Oil and Gas Operations: General



Sec. 3160.0-1  Purpose.

    The regulations in this part govern operations associated with the 
exploration, development and production of oil and gas deposits from 
leases issued or approved by the United States, restricted Indian land 
leases and those under the jurisdiction of the Secretary of the Interior 
by law or administrative arrangement, including the National Petroleum 
Reserve--Alaska.
[48 FR 36583, Aug. 12, 1983]



Sec. 3160.0-2  Policy.

    The regulations in this part are administered under the direction of 
the Director of the Bureau of Land Management; except that as to lands 
within naval petroleum reserves, they shall be administered under such 
official as the Secretary of Energy shall designate.
[48 FR 36584, Aug. 12, 1983]



Sec. 3160.0-3  Authority.

    The Mineral Leasing Act, as amended and supplemented (30 U.S.C. 181 
et seq.), the Act of May 21, 1930 (30 U.S.C. 301-306), the Mineral 
Leasing Act for Acquired Lands, as amended (30 U.S.C. 351-359), the Act 
of March 3, 1909, as amended (25 U.S.C. 396), the Act of May 11, 1938, 
as amended (25 U.S.C. 396a-396q), the Act of February 28, 1891, as 
amended (25 U.S.C. 397), the Act of May 29, 1924 (25 U.S.C. 398), the 
Act of March 3, 1927 (25 U.S.C. 398a-398e), the Act of June 30, 1919, as 
amended (25 U.S.C. 399), R.S. Sec. 441 (43 U.S.C. 1457), the Attorney 
General's Opinion of April 2, 1941 (40 Op Atty. Gen. 41), the Federal 
Property and Administrative Services Act of 1949, as amended (40 U.S.C. 
471 et seq.), the National Environmental Policy Act of 1969, as amended 
(42 U.S.C. 4321 et seq.), the Act of December 12, 1980 (94 Stat. 2964), 
the Combined Hydrocarbon Leasing Act of 1981 (95 Stat. 1070), the 
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701), the 
Indian Mineral Development Act of 1982 (25 U.S.C. 2102), and Order 
Number 3087, dated December 3, 1982, as amended on February 7, 1983 (48 
FR 8983) under which the Secretary consolidated and transferred the 
onshore minerals management functions of the Department, except mineral 
revenue functions and the responsibility for leasing of restricted 
Indian lands, to the Bureau of Land Management.
[48 FR 36583, Aug. 12, 1983]



Sec. 3160.0-4  Objectives.

    The objective of these regulations is to promote the orderly and 
efficient exploration, development and production of oil and gas.
[48 FR 36583, Aug. 12, 1983]



Sec. 3160.0-5  Definitions.

    As used in this part, the term:
    (a) Authorized representative means any entity or individual 
authorized by the Secretary to perform duties by cooperative agreement, 
delegation or contract.

[[Page 419]]

    (b) Avoidably lost means the venting or flaring of produced gas 
without the prior authorization, approval, ratification or acceptance of 
the authorized officer and the loss of produced oil or gas when the 
authorized officer determines that such loss occurred as a result of:
    (1) Negligence on the part of the operator; or
    (2) The failure of the operator to take all reasonable measures to 
prevent and/or control the loss; or
    (3) The failure of the operator to comply fully with the applicable 
lease terms and regulations, applicable orders and notices, or the 
written orders of the authorized officer; or
    (4) Any combination of the foregoing.
    (c) Federal lands means all lands and interests in lands owned by 
the United States which are subject to the mineral leasing laws, 
including mineral resources or mineral estates reserved to the United 
States in the conveyance of a surface or nonmineral estate.
    (d) Fresh water means water containing not more than 1,000 ppm of 
total dissolved solids, provided that such water does not contain 
objectionable levels of any constituent that is toxic to animal, plant 
or acquatic life, unless otherwise specified in applicable notices or 
orders.
    (e) Knowingly or willfully means a violation that constitutes the 
voluntary or conscious performance of an act that is prohibited or the 
voluntary or conscious failure to perform an act or duty that is 
required. It does not include performances or failures to perform that 
are honest mistakes or merely inadvertent. It includes, but does not 
require, performances or failures to perform that result from a criminal 
or evil intent or from a specific intent to violate the law. The knowing 
or willful nature of conduct may be established by plain indifference to 
or reckless disregard of the requirements of the law, regulations, 
orders, or terms of the lease. A consistent pattern of performance or 
failure to perform also may be sufficient to establish the knowing or 
willful nature of the conduct, where such consistent pattern is neither 
the result of honest mistakes or mere inadvertency. Conduct that is 
otherwise regarded as being knowing or willful is rendered neither 
accidental nor mitigated in character by the belief that the conduct is 
reasonable or legal.
    (f) Lease means any contract, profit-share arrangement, joint 
venture or other agreement issued or approved by the United States under 
a mineral leasing law that authorizes exploration for, extraction of or 
removal of oil or gas.
    (g) Lease site means any lands, including the surface of a severed 
mineral estate, on which exploration for, or extraction and removal of, 
oil or gas is authorized under a lease.
    (h) Lessee means a person or entity holding record title in a lease 
issued by the United States.
    (i) Lessor means the party to a lease who holds legal or beneficial 
title to the mineral estate in the leased lands.
    (j) Major violation means noncompliance that causes or threatens 
immediate, substantial, and adverse impacts on public health and safety, 
the environment, production accountability, or royalty income.
    (k) Maximum ultimate economic recovery means the recovery of oil and 
gas from leased lands which a prudent operator could be expected to make 
from that field or reservoir given existing knowledge of reservoir and 
other pertinent facts and utilizing common industry practices for 
primary, secondary or tertiary recovery operations.
    (l) Minor violation means noncompliance that does not rise to the 
level of a major violation.
    (m) New or resumed production under section 102(b)(3) of the Federal 
Oil and Gas Royalty Management Act means the date on which a well 
commences production, or resumes production after having been off 
production for more than 90 days, and is to be construed as follows:
    (1) For an oil well, the date on which liquid hydrocarbons are first 
sold or shipped from a temporary storage facility, such as a test tank, 
or the date on which liquid hydrocarbons are first produced into a 
permanent storage facility, whichever first occurs; and
    (2) For a gas well, the date on which gas is first measured through 
sales metering facilities or the date on which associated liquid 
hydrocarbons are first sold or shipped from a temporary storage 
facility, whichever first occurs. For purposes of this provision, a gas 
well

[[Page 420]]

shall not be considered to have been off of production unless it is 
incapable of production.
    (n) Notice to lessees and operators (NTL) means a written notice 
issued by the authorized officer. NTL's implement the regulations in 
this part and operating orders, and serve as instructions on specific 
item(s) of importance within a State, District, or Area.
    (o) Onshore oil and gas order means a formal numbered order issued 
by the Director that implements and supplements the regulations in this 
part.
    (p) Operating rights owner means a person or entity holding 
operating rights in a lease issued by the United States. A lessee also 
may be an operating rights owner if the operating rights in a lease or 
portion thereof have not been severed from record title.
    (q) Operator means any person or entity including but not limited to 
the lessee or operating rights owner, who has stated in writing to the 
authorized officer that it is responsible under the terms and conditions 
of the lease for the operations conducted on the leased lands or a 
portion thereof.
    (r) Paying well means a well that is capable of producing oil or gas 
of sufficient value to exceed direct operating costs and the costs of 
lease rentals or minimum royalty.
    (s) Person means any individual, firm, corporation, association, 
partnership, consortium or joint venture.
    (t) Production in paying quantities means production from a lease of 
oil and/or gas of sufficient value to exceed direct operating costs and 
the cost of lease rentals or minimum royalties.
    (u) Superintendent means the superintendent of an Indian Agency, or 
other officer authorized to act in matters of record and law with 
respect to oil and gas leases on restricted Indian lands.
    (v) Surface use plan of operations means a plan for surface use, 
disturbance, and reclamation.
    (w) Waste of oil or gas means any act or failure to act by the 
operator that is not sanctioned by the authorized officer as necessary 
for proper development and production and which results in: (1) A 
reduction in the quantity or quality of oil and gas ultimately 
producible from a reservoir under prudent and proper operations; or (2) 
avoidable surface loss of oil or gas.
[53 FR 17362, May 16, 1988, as amended at 53 FR 22846, June 17, 1988]



Sec. 3160.0-7  Cross references.

25 CFR parts 221, 212, 213, and 227
30 CFR Group 200
40 CFR Chapter V
43 CFR parts 2, 4, and 1820 and Groups 3000, 3100 and 3500
[48 FR 36584, Aug. 12, 1983]



Sec. 3160.0-9  Information collection.

    (a) The information collection requirements contained in 
Secs. 3162.3, 3162.3-1, 3162.3-2, 3162.3-3, 3162.3-4, 3162.4-1, 3162.4-
2, 3162.5-1, 3162.5-2, 3162.5-3, 3162.6, 3162.7-1, 3162.7-2, 3162.7-3, 
3162.7-5, 3164.3, 3165.1, and 3165.3 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3507 and assigned clearance Number 
1004-0134. The information may be collected from some operators either 
to provide data so that proposed operations may be approved or to enable 
the monitoring of compliance with granted approvals. The information 
will be used to grant approval to begin or alter operations or to allow 
operations to continue. The obligation to respond is required to obtain 
benefits under the lease.
    (b) Public reporting burden for this information is estimated to 
average 0.4962 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information Collection Clearance Officer 
(783), Bureau of Land Management, Washington, DC 20240, and the Office 
of Management and Budget, Paperwork Reduction Project, 1004-0134, 
Washington, DC 20503.
    (c)(1) The information collection requirements contained in part 
3160 have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 and assigned the following Clearance Numbers:

[[Page 421]]



                             Operating Forms                            
------------------------------------------------------------------------
 Form No.                 Name and filing date                  OMB No. 
------------------------------------------------------------------------
3160-3....  Application for Permit to Drill, Deepen, or Plug            
             Back--Filed 30 days prior to planned action....   1004-0136
3160-4....  With Completion of Recompletion Report and Log--            
             Due 30 days after well completion..............   1004-0137
3160-5....  Sundry Notice and Reports on Wells--Subsequent              
             report due 30 days after operations completed..   1004-0135
------------------------------------------------------------------------


The information will be used to manage Federal and Indian oil and gas 
leases. It will be used to allow evaluation of the technical, safety, 
and environmental factors involved with drilling and producing oil and 
gas on Federal and Indian oil and gas leases. Response is mandatory only 
if the operator elects to initiate drilling, completion, or subsequent 
operations on an oil and gas well, in accordance with 30 U.S.C. 181 et 
seq.
    (2) Public reporting burden for this information is estimated to 
average 25 minutes per response for clearance number 1004-0135, 30 
minutes per response for clearance number 1004-0136, and 1 hour per 
response for clearance number 1004-0137, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the collection 
of information. Send comments regarding this burden estimate or any 
other aspect of this collection of information, including suggestions 
for reducing the burden, to the Information Collection Clearance Officer 
(783), Bureau of Land Management, Washington, DC 20240, and the Office 
of Management and Budget, Paperwork Reduction Project, 1004-0135, 1004-
0136, or 1004-0137, as appropriate, Washington, DC 20503.
    (d) There are many leases and agreements currently in effect, and 
which will remain in effect, involving both Federal and Indian oil and 
gas leases which specifically refer to the United States Geological 
Survey, USGS, Minerals Management Service, MMS, or Conservation 
Division. These leases and agreements also often specifically refer to 
various officers such as Supervisor, Conservation Manager, Deputy 
Conservation Manager, Minerals Manager, and Deputy Minerals Manager. In 
addition, many leases and agreements specifically refer to 30 CFR part 
221 or specific sections thereof, which has been redesignated as 43 CFR 
part 3160. Those references shall now be read in the context of 
Secretarial Order 3087 and now mean either the Bureau of Land Management 
or Minerals Management Service, as appropriate.
[57 FR 3024, Jan. 27, 1992]



              Subpart 3161--Jurisdiction and Responsibility



Sec. 3161.1  Jurisdiction.

    (a) All operations conducted on a Federal or Indian oil and gas 
lease by the operator are subject to the regulations in this part.
    (b) Regulations in this part relating to site security, measurement, 
reporting of production and operations, and assessments or penalties for 
noncompliance with such requirements are applicable to all wells and 
facilities on State or privately-owned mineral lands committed to a unit 
or communitization agreement which affects Federal or Indian interests, 
notwithstanding any provision of a unit or communitization agreement to 
the contrary.
[52 FR 5391, Feb. 20, 1987, as amended at 53 FR 17362, May 16, 1988]



Sec. 3161.2  Responsibility of the authorized officer.

    The authorized officer is authorized and directed to approve 
unitization, communitization, gas storage and other contractual 
agreements for Federal lands; to assess compensatory royalty; to approve 
suspensions of operations or production, or both; to issue NTL's: to 
approve and monitor other operator proposals for drilling, development 
or production of oil and gas; to perform administrative reviews; to 
impose monetary assessments or penalties; to provide technical 
information and advice relative to oil and gas development and 
operations on Federal and Indian lands; to enter into cooperative 
agreements with States, Federal agencies and Indian tribes relative to 
oil and gas development and operations; to approve, inspect and regulate 
the operations that are subject to the

[[Page 422]]

regulations in this part; to require compliance with lease terms, with 
the regulations in this title and all other applicable regulations 
promulgated under the cited laws; and to require that all operations be 
conducted in a manner which protects other natural resources and the 
environmental quality, protects life and property and results in the 
maximum ultimate recovery of oil and gas with minimum waste and with 
minimum adverse effect on the ultimate recovery of other mineral 
resources. The authorized officer may issue written or oral orders to 
govern specific lease operations. Any such oral orders shall be 
confirmed in writing by the authorized officer within 10 working days 
from issuance thereof. Before approving operations on leasehold, the 
authorized officer shall determine that the lease is in effect, that 
acceptable bond coverage has been provided and that the proposed plan of 
operations is sound both from a technical and environmental standpoint.
[48 FR 36584, Aug. 12, 1983, as amended at 52 FR 5391, Feb. 20, 1987; 53 
FR 17362, May 16, 1988]



Sec. 3161.3  Inspections.

    (a) The authorized officer shall establish procedures to ensure that 
each Federal and Indian lease site which is producing or is expected to 
produce significant quantities of oil or gas in any year or which has a 
history of noncompliance with applicable provisions of law or 
regulations, lease terms, orders or directives shall be inspected at 
least once annually. Similarly, each lease site on non-Federal or non-
Indian lands subject to a formal agreement such as a unit or 
communitization agreement which has been approved by the Department of 
the Interior and in which the United States or the Indian lessors share 
in production shall be inspected annually whenever any of the foregoing 
criteria are applicable.
    (b) In accomplishing the inspections, the authorized officer may 
utilize Bureau personnel, may enter into cooperative agreements with 
States or Indian Tribes, may delegate the inspection authority to any 
State, or may contract with any non-Federal Government entities. Any 
cooperative agreement, delegation or contractual arrangement shall not 
be effective without concurrence of the Secretary and shall include 
applicable provisions of the Federal Oil and Gas Royalty Management Act.
[49 FR 37363, Sept. 21, 1984, as amended at 52 FR 5391, Feb. 20, 1987]



  Subpart 3162--Requirements for Operating Rights Owners and Operators



Sec. 3162.1  General requirements.

    (a) The operating rights owner or operator, as appropriate, shall 
comply with applicable laws and regulations; with the lease terms, 
Onshore Oil and Gas Orders, NTL's; and with other orders and 
instructions of the authorized officer. These include, but are not 
limited to, conducting all operations in a manner which ensures the 
proper handling, measurement, disposition, and site security of 
leasehold production; which protects other natural resources and 
environmental quality; which protects life and property; and which 
results in maximum ultimate economic recovery of oil and gas with 
minimum waste and with minimum adverse effect on ultimate recovery of 
other mineral resources.
    (b) The operator shall permit properly identified authorized 
representatives to enter upon, travel across and inspect lease sites and 
records normally kept on the lease pertinent thereto without advance 
notice. Inspections normally will be conducted during those hours when 
responsible persons are expected to be present at the operation being 
inspected. Such permission shall include access to secured facilities on 
such lease sites for the purpose of making any inspection or 
investigation for determining whether there is compliance with the 
mineral leasing laws, the regulations in this part, and any applicable 
orders, notices or directives.
    (c) For the purpose of making any inspection or investigation, the 
Secretary or his authorized representative shall have the same right to 
enter upon or travel across any lease site as the

[[Page 423]]

operator has acquired by purchase, condemnation or otherwise.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 53 FR 17363, May 16, 
1988]



Sec. 3162.2  Drilling and producing obligations.

    (a) The operating rights owner shall drill diligently and produce 
continuously from such wells as are necessary to protect the lessor from 
loss of royalty by reason of drainage. The authorized officer may assess 
compensatory royalty under which the operating rights owner shall pay a 
sum determined by the authorized officer as adequate to compensate the 
lessor for operating rights owner's failure to drill and produce wells 
required to protect the lessor from loss through drainage by wells on 
adjacent lands. Any such assessment will be made after a review of 
available information relating to development of the leased lands. Such 
assessment is subject to termination or modification based upon the 
authorized officer's continuing review of such information.
    (b) The operator, at its election, may drill and produce other wells 
in conformity with any system of well spacing or production allotments 
affecting the field or area in which the leased lands are situated, and 
which is authorized and sanctioned by applicable law or by the 
authorized officer.
    (c) After notice in writing, the operating rights owner shall 
promptly drill and produce such other wells as the authorized officer 
may reasonably require in order that the lease may be properly and 
timely developed and produced in accordance with good economic operating 
practices.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988]



Sec. 3162.3  Conduct of operations.

    (a) Whenever a change in operator occurs, the authorized officer 
shall be notified promptly in writing, and the new operator shall 
furnish evidence of sufficient bond coverage in accordance with 
Sec. 3106.6 and subpart 3104 of this title.
    (b) A contractor on a leasehold shall be considered the agent of the 
operator for such operations with full responsibility for acting on 
behalf of the operator for purposes of complying with applicable laws, 
regulations, the lease terms, NTL's, Onshore Oil and Gas Orders, and 
other orders and instructions of the authorized officer.
[53 FR 17363, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3162.3-1  Drilling applications and plans.

    (a) Each well shall be drilled in conformity with an acceptable 
well-spacing program at a surveyed well location approved or prescribed 
by the authorized officer after appropriate environmental and technical 
reviews (see Sec. 3162.5-1 of this title). An acceptable well-spacing 
program may be either (1) one which conforms with a spacing order or 
field rule issued by a State Commission or Board and accepted by the 
authorized officer, or (2) one which is located on a lease committed to 
a communitized or unitized tract at a location approved by the 
authorized officer, or (3) any other program established by the 
authorized officer.
    (b) Any well drilled on restricted Indian land shall be subject to 
the location restrictions specified in the lease and/or Title 25 of the 
CFR.
    (c) The operator shall submit to the authorized officer for approval 
an Application for Permit to Drill for each well. No drilling 
operations, nor surface disturbance preliminary thereto, may be 
commenced prior to the authorized officer's approval of the permit.
    (d) The Application for Permit to Drill process shall be initiated 
at least 30 days before commencement of operations is desired. Prior to 
approval, the application shall be administratively and technically 
complete. A complete application consists of Form 3160-3 and the 
following attachments:
    (1) A drilling plan, which may already be on file, containing 
information required by paragraph (e) of this section and appropriate 
orders and notices.
    (2) A surface use plan of operations containing information required 
by paragraph (f) of this section and appropriate orders and notices.

[[Page 424]]

    (3) Evidence of bond coverage as required by the Department of the 
Interior regulations, and
    (4) Such other information as may be required by applicable orders 
and notices.
    (e) Each drilling plan shall contain the information specified in 
applicable notices or orders, including a description of the drilling 
program, the surface and projected completion zone location, pertinent 
geologic data, expected hazards, and proposed mitigation measures to 
address such hazards. A drilling plan may be submitted for a single well 
or for several wells proposed to be drilled to the same zone within a 
field or area of geological and environmental similarity. A drilling 
plan may be modified from time to time as circumstances may warrant, 
with the approval of the authorized officer.
    (f) The surface use plan of operations shall contain information 
specified in applicable orders or notices, including the road and 
drillpad location, details of pad construction, methods for containment 
and disposal of waste material, plans for reclamation of the surface, 
and other pertinent data as the authorized officer may require. A 
surface use plan of operations may be submitted for a single well or for 
several wells proposed to be drilled in an area of environmental 
similarity.
    (g) For Federal lands, upon receipt of the Application for Permit to 
Drill or Notice of Staking, the authorized officer shall post the 
following information for public inspection at least 30 days before 
action to approve the Application for Permit to Drill: the company/
operator name; the well name/number; the well location described to the 
nearest quarter-quarter section (40 acres), or similar land description 
in the case of lands described by metes and bounds, or maps showing the 
affected lands and the location of all tracts to be leased and of all 
leases already issued in the general area; and any substantial 
modifications to the lease terms. Where the inclusion of maps in such 
posting is not practicable, maps of the affected lands shall be made 
available to the public for review. This information also shall be 
provided promptly by the authorized officer to the appropriate office of 
the Federal surface management agency, for lands the surface of which is 
not under Bureau jurisdiction, requesting such agency to post the 
proposed action for public inspection for at least 30 days. The posting 
shall be in the office of the authorized officer and in the appropriate 
surface managing agency if other than the Bureau. The posting of an 
Application for Permit to Drill is for information purposes only and is 
not an appealable decision.
    (h) Upon initiation of the Application for Permit to Drill process, 
the authorized officer shall consult with the appropriate Federal 
surface management agency and with other interested parties as 
appropriate and shall take one of the following actions as soon as 
practical, but in no event later than 5 working days after the 
conclusion of the 30-day notice period for Federal lands, or within 30 
days from receipt of the application for Indian lands:
    (1) Approve the application as submitted or with appropriate 
modifications or conditions;
    (2) Return the application and advise the applicant of the reasons 
for disapproval; or
    (3) Advise the applicant, either in writing or orally with 
subsequent written confirmation, of the reasons why final action will be 
delayed along with the date such final action can be expected.

The surface use plan of operations for National Forest System lands 
shall be approved by the Secretary of Agriculture or his/her 
representative prior to approval of the Application for Permit to Drill 
by the authorized officer. Appeals from the denial of approval of such 
surface use plan of operations shall be submitted to the Secretary of 
Agriculture.
    (i) Approval of the Application for Permit to Drill does not warrant 
or certify that the applicant holds legal or equitable title to the 
subject lease(s) which would entitle the applicant to conduct drilling 
operations.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 52 FR 5391, Feb. 20, 1987; 53 
FR 17363, May 16, 1988; 53 FR 22846, June 17, 1988; 53 FR 31958, Aug. 
22, 1988]

[[Page 425]]



Sec. 3162.3-2  Subsequent well operations.

    (a) A proposal for further well operations shall be submitted by the 
operator on Form 3160-5 for approval by the authorized officer prior to 
commencing operations to redrill, deepen, perform casing repairs, plug-
back, alter casing, perform nonroutine fracturing jobs, recomplete in a 
different interval, perform water shut off, commingling production 
between intervals and/or conversion to injection. If there is additional 
surface distubance, the proposal shall include a surface use plan of 
operations. A subsequent report on these operations also will be filed 
on Form 3160-5. The authorized officer may prescribe that each proposal 
contain all or a portion of the information set forth in Sec. 3162.3-1 
of this title.
    (b) Unless additional surface disturbance is involved and if the 
operations conform to the standard of prudent operating practice, prior 
approval is not required for routine fracturing or acidizing jobs, or 
recompletion in the same interval; however, a subsequent report on these 
operations must be filed on Form 3160-5.
    (c) No prior approval or a subsequent report is required for well 
cleanout work, routine well maintenance, or bottom hole pressure 
surveys.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 52 FR 5391, Feb. 20, 1987; 53 
FR 17363, May 16, 1988; 53 FR 22847, June 17, 1988]



Sec. 3162.3-3  Other lease operations.

    Prior to commencing any operation on the leasehold which will result 
in additional surface disturbance, other than those authorized under 
Sec. 3162.3-1 or Sec. 3162.3-2 of this title, the operator shall submit 
a proposal on Form 3160-5 to the authorized officer for approval. The 
proposal shall include a surface use plan of operations.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, and amended at 52 FR 5391, Feb. 20, 1987; 53 FR 
17363, May 16, 1988; 53 FR 22847, June 17, 1988]



Sec. 3162.3-4  Well abandonment.

    (a) The operator shall promptly plug and abandon, in accordance with 
a plan first approved in writing or prescribed by the authorized 
officer, each newly completed or recompleted well in which oil or gas is 
not encountered in paying quantities or which, after being completed as 
a producing well, is demonstrated to the satisfaction of the authorized 
officer to be no longer capable of producing oil or gas in paying 
quantities, unless the authorized officer shall approve the use of the 
well as a service well for injection to recover additional oil or gas or 
for subsurface disposal of produced water. In the case of a newly 
drilled or recompleted well, the approval to abandon may be written or 
oral with written confirmation.
    (b) Completion of a well as plugged and abandoned may also include 
conditioning the well as water supply source for lease operations or for 
use by the surface owner or appropriate Government Agency, when 
authorized by the authorized officer. All costs over and above the 
normal plugging and abandonment expense will be paid by the party 
accepting the water well.
    (c) No well may be temporarily abandoned for more than 30 days 
without the prior approval of the authorized officer. The authorized 
officer may authorize a delay in the permanent abandonment of a well for 
a period of 12 months. When justified by the operator, the authorized 
officer may authorize additional delays, no one of which may exceed an 
additional 12 months. Upon the removal of drilling or producing 
equipment from the site of a well which is to be permanently abandoned, 
the surface of the lands disturbed in connection with the conduct of 
operations shall be reclaimed in accordance with a plan first approved 
or prescribed by the authorized officer.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988; 53 
FR 22847, June 17, 1988]



Sec. 3162.4  Records and reports.



Sec. 3162.4-1  Well records and reports.

    (a) The operator shall keep accurate and complete records with 
respect to all lease operations including, but not limited to, 
production facilities and equipment, drilling, producing, redrilling, 
deepening, repairing, plugging back, and abandonment operations,

[[Page 426]]

and other matters pertaining to operations. With respect to production 
facilities and equipment, the record shall include schematic diagrams as 
required by applicable orders and notices.
    (b) Standard forms for providing basic data are listed in Note 1 at 
the beginning of this title. As noted on Form 3160-4, two copies of all 
electric and other logs run on the well must be submitted to the 
authorized officer. Upon request, the operator shall transmit to the 
authorized officer copies of such other records maintained in compliance 
with paragraph (a) of this section.
    (c) Not later than the 5th business day after any well begins 
production on which royalty is due anywhere on a lease site or allocated 
to a lease site, or resumes production in the case of a well which has 
been off production for more than 90 days, the operator shall notify the 
authorized officer by letter or sundry notice, Form 3160-5, or orally to 
be followed by a letter or sundry notice, of the date on which such 
production has begun or resumed.
    (d) All records and reports required by this section shall be 
maintained for 6 years from the date they were generated. In addition, 
if the Secretary, or his/her designee notifies the recordholder that the 
Department of the Interior has initiated or is participating in an audit 
or investigation involving such records, the records shall be maintained 
until the Secretary, or his/her designee, releases the recordholder from 
the obligation to maintain such records.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 52 FR 5391, Feb. 20, 
1987; 53 FR 17363, May 16, 1988]



Sec. 3162.4-2  Samples, tests, and surveys.

    (a) During the drilling and completion of a well, the operator 
shall, when required by the authorized officer, conduct tests, run logs, 
and make other surveys reasonably necessary to determine the presence, 
quantity, and quality of oil, gas, other minerals, or the presence or 
quality of water; to determine the amount and/or direction of deviation 
of any well from the verticial; and to determine the relevant 
characteristics of the oil and gas reservoirs penetrated.
    (b) After the well has been completed, the operator shall conduct 
periodic well tests which will demonstrate the quantity and quality of 
oil and gas and water. The method and frequency of such well tests will 
be specified in appropriate notices and orders. When needed, the 
operator shall conduct reasonable tests which will demonstrate the 
mechanical integrity of the downhole equipment.
    (c) Results of samples, tests, and surveys approved or prescribed 
under this section shall be provided to the authorized officer without 
cost to the lessor.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988]



Sec. 3162.4-3  Monthly report of operations (Form 3160-6).

    The operator shall report production data to BLM in accordance with 
the requirements of this section until required to begin reporting to 
MMS pursuant to 30 CFR 216.50. When reporting production data to BLM in 
accordance with the requirements of this section, the operator shall 
either use Form BLM 3160-6 or Form MMS-   3160. A separate report of 
operations for each lease shall be made on Form 3160-6 for each calendar 
month, beginning with the month in which drilling operations are 
initiated, and shall be filed with the authorized officer on or before 
the 10th day of the second month following the operation month, unless 
an extension of time for the filing of such report is granted by the 
authorized officer. The report on this form shall disclose accurately 
all operations conducted on each well during each month, the status of 
operations on the last day of the month, and a general summary of the 
status of operations on the leased lands, and the report shall be 
submitted each month until the lease is terminated or until omission of 
the report is authorized by the authorized officer. It is particularly 
necessary that the report shall show for each calendar month:
    (a) The lease be identified by inserting the name of the United 
States land office and the serial number, or in the case of Indian land, 
the lease number

[[Page 427]]

and lessor's name, in the space provided in the upper right corner;
    (b) Each well be listed separately by number, its location be given 
by 40-acre subdivision (\1/4\ \1/4\ sec. or lot), section number, 
township, range, and meridian;
    (c) The number of days each well produced, whether oil or gas, and 
the number of days each input well was in operation be stated;
    (d) The quantity of oil, gas and water produced, the total amount of 
gasoline, and other lease products recovered, and other required 
information. When oil and gas, or oil, gas and gasoline, or other 
hydrocarbons are concurrently produced from the same lease, separate 
reports on this form should be submitted for oil and for gas and 
gasoline, unless otherwise authorized or directed by the authorized 
officer.
    (e) The depth of each active or suspended well, and the name, 
character, and depth of each formation drilled during the month, the 
date each such depth was reached, the date and reason for every shut-
down, the names and depths of important formation changes and contents 
of formations, the amount and size of any casing run since last report, 
the dates and results of any tests such as production, water shut-off, 
or gasoline content, and any other noteworthy information on operations 
not specifically provided for in the form.
    (f) The footnote shall be completely filled out as required by the 
authorized officer. If no runs or sales were made during the calendar 
month, the report shall so state.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 52 FR 5391, Feb. 20, 1987; 53 FR 16413, May 9, 
1988]



Sec. 3162.5  Environment and safety.



Sec. 3162.5-1  Environmental obligations.

    (a) The operator shall conduct operations in a manner which protects 
the mineral resources, other natural resources, and environmental 
quality. In that respect, the operator shall comply with the pertinent 
orders of the authorized officer and other standards and procedures as 
set forth in the applicable laws, regulations, lease terms and 
conditions, and the approved drilling plan or subsequent operations 
plan. Before approving any Application for Permit to Drill submitted 
pursuant to Sec. 3162.3-1 of this title, or other plan requiring 
environmental review, the authorized officer shall prepare an 
environmental record of review or an environmental assessment, as 
appropriate. These environmental documents will be used in determining 
whether or not an environmental impact statement is required and in 
determining any appropriate terms and conditions of approval of the 
submitted plan.
    (b) The operator shall exercise due care and diligence to assure 
that leasehold operations do not result in undue damage to surface or 
subsurface resources or surface improvements. All produced water must be 
disposed of by injection into the subsurface, by approved pits, or by 
other methods which have been approved by the authorized officer. Upon 
the conclusion of operations, the operator shall reclaim the disturbed 
surface in a manner approved or reasonably prescribed by the authorized 
officer.
    (c) All spills or leakages of oil, gas, produced water, toxic 
liquids, or waste materials, blowouts, fires, personal injuries, and 
fatalities shall be reported by the operator in accordance with these 
regulations and as prescribed in applicable order or notices. The 
operator shall exercise due diligence in taking necessary measures, 
subject to approval by the authorized officer, to control and remove 
pollutants and to extinguish fires. An operator's compliance with the 
requirements of the regulations in this part shall not relieve the 
operator of the obligation to comply with other applicable laws and 
regulations.
    (d) When reasonably required by the authorized officer, a 
contingency plan shall be submitted describing procedures to be 
implemented to protect life, property, and the environment.
    (e) The operator's liability for damages to third parties shall be 
governed by applicable law.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988; 53 
FR 22847, June 17, 1988]

[[Page 428]]



Sec. 3162.5-2  Control of wells.

    (a) Drilling wells. The operator shall take all necessary 
precautions to keep each well under control at all times, and shall 
utilize and maintain materials and equipment necessary to insure the 
safety of operating conditions and procedures.
    (b) Vertical drilling. The operator shall conduct drilling 
operations in a manner so that the completed well does not deviate 
significantly from the vertical without the prior written approval of 
the authorized officer. Significant deviation means a projected 
deviation of the well bore from the vertical of 10 deg. or more, or a 
projected bottom hole location which could be less than 200 feet from 
the spacing unit or lease boundary. Any well which deviates more than 
10 deg. from the vertical or could result in a bottom hole location less 
than 200 feet from the spacing unit or lease boundary without prior 
written approval must be promptly reported to the authorized officer. In 
these cases, a directional survey is required.
    (c) High pressure or loss of circulation. The operator shall take 
immediate steps and utilize necessary resources to maintain or restore 
control of any well in which the pressure equilibrium has become 
unbalanced.
    (d) Protection of fresh water and other minerals. The operator shall 
isolate freshwater-bearing and other usable water containing 5,000 ppm 
or less of dissolved solids and other mineral-bearing formations and 
protect them from contamination. Tests and surveys of the effectiveness 
of such measures shall be conducted by the operator using procedures and 
practices approved or prescribed by the authorized officer.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988]



Sec. 3162.5-3  Safety precautions.

    The operator shall perform operations and maintain equipment in a 
safe and workmanlike manner. The operator shall take all precautions 
necessary to provide adequate protection for the health and safety of 
life and the protection of property. Compliance with health and safety 
requirements prescribed by the authorized officer shall not relieve the 
operator of the responsibility for compliance with other pertinent 
health and safety requirements under applicable laws or regulations.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988]



Sec. 3162.6  Well and facility identification.

    (a) Every well within a Federal or Indian lease or supervised 
agreement shall have a well indentification sign. All signs shall be 
maintained in a legible condition.
    (b) For wells located on Federal and Indian lands, the operator 
shall properly identify, by a sign in a conspicuous place, each well, 
other than those permanently abandoned. The well sign shall include the 
well number, the name of the operator, the lease serial number, the 
surveyed location (the quarter-quarter section, section, township and 
range or other authorized survey designation acceptable to the 
authorized officer; such as metes and bounds). When approved by the 
authorized officer, individual well signs may display only a unique well 
name and number. When specifically requested by the authorized officer, 
the sign shall include the unit or communitization name or number. The 
authorized officer may also require the sign to include the name of the 
Indian allottee lessor(s) preceding the lease serial number. In all 
cases, individual well signs in place on the effective date of this 
rulemaking which do not have the unit or communitization agreement 
number or do not have quarter-quarter identification will satisfy these 
requirements until such time as the sign is replaced. All new signs 
shall have identification as above, including quarter-quarter section.
    (c) All facilities at which Federal or Indian oil is stored shall be 
clearly identified with a sign that contains the name of the operator, 
the lease serial number or communitization or unit agreement 
identification number, as appropriate, and in public land states, the 
quarter-quarter section, township, and range. On Indian leases, the sign

[[Page 429]]

also shall include the name of the appropriate Tribe and whether the 
lease is tribal or allotted. For situations of 1 tank battery servicing 
1 well in the same location, the requirements of this paragraph and 
paragraph (b) of this section may be met by 1 sign as long as it 
includes the information required by both paragraphs. In addition, each 
storage tank shall be clearly identified by a unique number. All 
identification shall be maintained in legible condition and shall be 
clearly apparent to any person at or approaching the sales or 
transportation point. With regard to the quarter-quarter designation and 
the unique tank number, any such designation established by state law or 
regulation shall satisfy this requirement.
    (d) All abandoned wells shall be marked with a permanent monument 
containing the information in paragraph (b) of this section. The 
requirement for a permanent monument may be waived in writing by the 
authorized officer.
[52 FR 5391, Feb. 20, 1987, as amended at 53 FR 17363, May 16, 1988]



Sec. 3162.7  Measurement, disposition, and protection of production.



Sec. 3162.7-1  Disposition of production.

    (a) The operator shall put into marketable condition, if 
economically feasible, all oil, other hydrocarbons, gas, and sulphur 
produced from the leased land.
    (b) Where oil accumulates in a pit, such oil must either be (1) 
recirculated through the regular treating system and returned to the 
stock tanks for sale, or (2) pumped into a stock tank without treatment 
and measured for sale in the same manner as from any sales tank in 
accordance with applicable orders and notices. In the absence of prior 
approval from the authorized officer, no oil should go to a pit except 
in an emergency. Each such occurrence must be reported to the authorized 
officer and the oil promptly recovered in accordance with applicable 
orders and notices.
    (c)(1) Any person engaged in transporting by motor vehicle any oil 
from any lease site, or allocated to any such lease site, shall carry on 
his/her person, in his/her vehicle, or in his/her immediate control, 
documentation showing at a minimum; the amount, origin, and intended 
first purchaser of the oil.
    (2) Any person engaged in transporting any oil or gas by pipeline 
from any lease site, or allocated to any lease site, shall maintain 
documentation showing, at a minimum, the amount, origin, and intended 
first purchaser of such oil or gas.
    (3) On any lease site, any authorized representative who is properly 
identified may stop and inspect any motor vehicle that he/she has 
probable cause to believe is carrying oil from any such lease site, or 
allocated to such lease site, to determine whether the driver possesses 
proper documentation for the load of oil.
    (4) Any authorized representative who is properly identified and who 
is accompanied by an appropriate law enforcement officer, or an 
appropriate law enforcement officer alone, may stop and inspect any 
motor vehicle which is not on a lease site if he/she has probable cause 
to believe the vehicle is carrying oil from a lease site, or allocated 
to a lease site, to determine whether the driver possesses proper 
documentation for the load of oil.
    (d) The operator shall conduct operations in such a manner as to 
prevent avoidable loss of oil and gas. A operator shall be liable for 
royalty payments on oil or gas lost or wasted from a lease site, or 
allocated to a lease site, when such loss or waste is due to negligence 
on the part of the operator of such lease, or due to the failure of the 
operator to comply with any regulation, order or citation issued 
pursuant to this part.
    (e) When requested by the authorized officer, the operator shall 
furnish storage for royalty oil, on the leasehold or at a mutually 
agreed upon delivery point off the leased land without cost to the 
lessor, for 30 days following the end of the calendar month in which the 
royalty accrued.
    (f) Any records generated under this section shall be maintained for 
6 years from the date they were generated or, if notified by the 
Secretary, or his designee, that such records are involved in an audit 
or investigation, the records shall be maintained until the

[[Page 430]]

recordholder is released by the Secretary from the obligation to 
maintain them.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 53 FR 17363, May 16, 
1988]



Sec. 3162.7-2  Measurement of oil.

    All oil production shall be measured on the lease by tank gauging, 
positive displacement metering system, or other methods acceptable to 
the authorized officer, pursuant to methods and procedures prescribed in 
applicable orders and notices. Where production cannot be measured due 
to spillage or leakage, the amount of production shall be determined in 
accordance with the methods and procedures approved or prescribed by the 
authorized officer. Off-lease storage or measurement, or commingling 
with production from other sources prior to measurement, may be approved 
by the authorized officer.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 52 FR 5392, Feb. 20, 
1987]



Sec. 3162.7-3  Measurement of gas.

    All gas production shall be measured by orifice meters or other 
methods acceptable to the authorized officer on the lease pursuant to 
methods and procedures prescribed in applicable orders and notices. The 
measurement of the volume of all gas produced shall be adjusted by 
computation to the standard pressure and temperature of 14.73 psia and 
60 deg. F unless otherwise prescribed by the authorized officer, 
regardless of the pressure and temperature at which the gas is actually 
measured. Gas lost without measurement by meter shall be estimated in 
accordance with methods prescribed in applicable orders and notices. 
Off-lease measurement or commingling with production from other sources 
prior to measurement may be approved by the authorized officer.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 52 FR 5392, Feb. 20, 
1987]



Sec. 3162.7-4  Royalty rates on oil; sliding and step-scale leases (public land only).

    Sliding- and step-scale royalties are based on the average daily 
production per well. The authorized officer shall specify which wells on 
a leasehold are commercially productive, including in that category all 
wells, whether produced or not, for which the annual value of 
permissible production would be greater than the estimated reasonable 
annual lifting cost, but only wells that yield a commercial volume of 
production during at least part of the month shall be considered in 
ascertaining the average daily production per well. The average daily 
production per well for a lease is computed on the basis of a 28-, 29-, 
30-, or 31-day month (as the case may be), the number of wells on the 
leasehold counted as producing, and the gross production from the 
leasehold. The authorized officer will determine which commercially 
productive wells shall be considered each month as producing wells for 
the purpose of computing royalty in accordance with the following rules, 
and in the authorized officer's discretion may count as producing any 
commercially productive well shut in for conservation purposes.
    (a) For a previously producing leasehold, count as producing for 
every day of the month each previously producing well that produced 15 
days or more during the month, and disregard wells that produced less 
than 15 days during the month.
    (b) Wells approved by the authorized officer as input wells shall be 
counted as producing wells for the entire month if so used 15 days or 
more during the month and shall be disregarded if so used less than 15 
days during the month.
    (c) When the initial production of a leasehold is made during the 
calendar month, compute royalty on the basis of producing well days.
    (d) When a new well is completed for production on a previously 
producing leasehold and produces for 10 days or more during the calendar 
month in which it is brought in, count such new wells as producing every 
day of the month in arriving at the number of producing well days. Do 
not count any

[[Page 431]]

new well that produces for less than 10 days during the calendar month.
    (e) Consider ``head wells'' that make their best production by 
intermittent pumping or flowing as producing every day of the month, 
provided they are regularly operated in this manner with approval of the 
authorized officer.
    (f) For previously producing leaseholds on which no wells produced 
for 15 days or more, compute royalty on the basis of actual producing 
well days.
    (g) For previously producing leaseholds on which no wells were 
productive during the calendar month but from which oil was shipped, 
compute royalty at the same royalty percentage as that of the last 
preceding calendar month in which production and shipments were normal.
    (h) Rules for special cases not subject to definition, such as those 
arising from averaging the production from two distinct sands or 
horizons when the production of one sand or horizon is relatively 
insignificant compared to that of the other, shall be made by the 
authorized officer as need arises.
    (i)(1) In the following summary of operations on a typical leasehold 
for the month of June, the wells considered for the purpose of computing 
royalty on the entire production of the property for the months are 
indicated.

                                                                        
------------------------------------------------------------------------
            Well No. and record                    Count (marked X)     
------------------------------------------------------------------------
1. Produced full time for 30 days..........  X                          
2. Produced for 26 days; down 4 days for     X                          
 repairs.                                                               
3. Produced for 28 days; down June 5, 12     X                          
 hours, rods; June 14, 6 hours, engine                                  
 down; June 26, 24 hours, pulling rods and                              
 tubing.                                                                
4. Produced for 12 days; down June 13 to 30                             
5. Produced for 8 hours every day (head      X                          
 well).                                                                 
6. Idle producer (not operated)............                             
7. New well, completed June 17; produced     X                          
 for 14 days.                                                           
8. New well, completed June 22; produced                                
 for 9 days.                                                            
------------------------------------------------------------------------

    (2) In this example, there are eight wells on the leasehold, but 
wells No. 4, 6, and 8 are not counted in computing royalties. Wells No. 
1, 2, 3, 5, and 7 are counted as producing for 30 days. The average 
production per well per day is determined by dividing the total 
production of the leasehold for the month (including the oil produced by 
wells 4 and 8) by 5 (the number of wells counted as producing), and 
dividing the quotient thus obtained by the number of days in the month.
[53 FR 1226, Jan. 15, 1988, as amended at 53 FR 17364, May 16, 1988]



Sec. 3162.7-5  Site security on Federal and Indian (except Osage) oil and gas leases.

    (a) Definitions.
    Appropriate valves. Those valves in a particular piping system, 
i.e., fill lines, equalizer or overflow lines, sales lines, circulating 
lines, and drain lines that shall be sealed during a given operation.
    Effectively sealed. The placement of a seal in such a manner that 
the position of the sealed valve may not be altered without the seal 
being destroyed.
    Production phase. That period of time or mode of operation during 
which crude oil is delivered directly to or through production vessels 
to the storage facilities and includes all operations at the facility 
other than those defined by the sales phase.
    Sales phase. That period of time or mode of operation during which 
crude oil is removed from the storage facilities for sales, 
transportation or other purposes.
    Seal. A device, uniquely numbered, which completely secures a valve.
    (b) Minimum Standards. Each operator of a Federal or Indian lease 
shall comply with the following minimum standards to assist in providing 
accountability of oil or gas production:
    (1) All lines entering or leaving oil storage tanks shall have 
valves capable of being effectively sealed during the production and 
sales operations unless otherwise modified by other subparagraphs of 
this paragraph, and any equipment needed for effective sealing, 
excluding the seals, shall be located at the site. For a minimum of 6 
years the operator shall maintain a record of seal numbers used and 
shall document on which valves or connections they were used as well as 
when they were installed and removed. The site facility diagram(s) shall 
show which valves will be sealed in which position during both the 
production and sales phases of operation.
    (2) Each Lease Automatic Custody Transfer (LACT) system shall employ

[[Page 432]]

meters that have non-resettable totalizers. There shall be no by-pass 
piping around the LACT. All components of the LACT that are used for 
volume or quality determinations of the oil shall be effectively sealed. 
For systems where production may only be removed through the LACT, no 
sales or equalizer valves need be sealed. However, any valves which may 
allow access for removal of oil before measurement through the LACT 
shall be effectively sealed.
    (3) There shall be no by-pass piping around gas meters. Equipment 
which permits changing the orifice plate without bleeding the pressure 
off the gas meter run is not considered a by-pass.
    (4) For oil measured and sold by hand gauging, all appropriate 
valves shall be sealed during the production or sales phase, as 
applicable.
    (5) Circulating lines having valves which may allow access to remove 
oil from storage and sales facilities to any other source except through 
the treating equipment back to storage shall be effectively sealed as 
near the storage tank as possible.
    (6) The operator, with reasonable frequency, shall inspect all 
leases to determine production volumes and that the minimum site 
security standards are being met. The operator shall retain records of 
such inspections and measurements for 6 years from generation. Such 
records and measurements shall be available to any authorized officer or 
authorized representative upon request.
    (7) Any person removing oil from a facility by motor vehicle shall 
possess the identification documentation required by appicable NTL's or 
onshore Orders while the oil is removed and transported.
    (8) Theft or mishandling of oil from a Federal or Indian lease shall 
be reported to the authorized officer as soon as discovered, but not 
later than the next business day. Said report shall include an estimate 
of the volume of oil involved. Operators also are expected to report 
such thefts promptly to local law enforcement agencies and internal 
company security.
    (9) Any operator may request the authorized officer to approve a 
variance from any of the minimum standards prescribed by this section. 
The variance request shall be submitted in writing to the authorized 
officer who may consider such factors as regional oil field facility 
characteristics and fenced, guarded sites. The authorized officer may 
approve a variance if the proposed alternative will ensure measures 
equal to or in excess of the minimum standards provided in paragraph (b) 
of this section wil be put in place to detect or prevent internal and 
external theft, and will result in proper production accountability.
    (c) Site security plans. (1) Site security plans, which include the 
operator's plan for complying with the minimum standards enumerated in 
paragraph (b) of this section for ensuring accountability of oil/
condensate production are required for all facilities and such 
facilities shall be maintained in compliance with the plan. For new 
facilities, notice shall be given that it is subject to a specific 
existing plan, or a notice of a new plan shall be submitted, no later 
than 60 days after completion of construction or first production or 
following the inclusion of a well on committed non-Federal lands into a 
federally supervised unit or communitization agreement, whichever occurs 
first, and on that date the facilities shall be in compliance with the 
plan. At the operator's option, a single plan may include all of the 
operator's leases, unit and communitized areas, within a single BLM 
district, provided the plan clearly identifies each lease, unit, or 
communitized area included within the scope of the plan and the extent 
to which the plan is applicable to each lease, unit, or communitized 
area so identified.
    (2) The operator shall retain the plan but shall notify the 
authorized officer of its completion and which leases, unit and 
communitized areas are involved. Such notification is due at the time 
the plan is completed as required by paragraph (c)(1) of this section, 
Such notification shall include the location and normal business hours 
of the office where the plan will be maintained. Upon request, all plans 
shall be made available to the authorized officer.

[[Page 433]]

    (3) The plan shall include the frequency and method of the 
operator's inspection and production volume recordation. The authorized 
officer may, upon examination, require adjustment of the method or 
frequency of inspection.
    (d) Site facility diagrams. (1) Facility diagrams are required for 
all facilities which are used in storing oil/condensate produced from, 
or allocated to, Federal or Indian lands. Facility diagrams shall be 
filed within 60 days after new measurement facilities are installed or 
existing facilities are modified or following the inclusion of the 
facility into a federally supervised unit or communitization agreement.
    (2) No format is prescribed for facility diagrams. They are to be 
prepared on 8\1/2\'  x  11' paper, if possible, and be legible and 
comprehensible to a person with ordinary working knowledge of oil field 
operations and equipment. The diagram need not be drawn to scale.
    (3) A site facility diagram shall accurately reflect the actual 
conditions at the site and shall, commencing with the header if 
applicable, clearly identify the vessels, piping, metering system, and 
pits, if any, which apply to the handling and disposal of oil, gas and 
water. The diagram shall indicate which valves shall be sealed and in 
what position during the production or sales phase. The diagram shall 
clearly identify the lease on which the facility is located and the site 
security plan to which it is subject, along with the location of the 
plan.
[47 FR 47765, Oct. 27, 1982. Redesignated at 48 FR 36583-36586, Aug. 12, 
1983, and amended at 52 FR 5392, Feb. 20, 1987. Redesignated at 53 FR 
1218, Jan. 15, 1988; 53 FR 24688, June 30, 1988]



Sec. 3162.8  Confidentiality.

    (a) Information obtained pursuant to this part and on file shall be 
open for public inspection and copying during regular office hours upon 
a written request, pursuant to rules at 43 CFR part 2, except that:
    (1) Upon request, information obtained from an operating rights 
owner or operator under this part that constitutes trade secrets and 
commercial or financial information which is privileged or confidential 
or other information that may be withheld under the Freedom of 
Information Act (5 U.S.C. 552(b)), such as geologic and geophysical data 
and maps, shall not be available for public inspection or made public or 
disclosed without the consent of the operating rights owner or operator, 
as appropriate, for a period of 12 months;
    (2) Upon expiration of the 12-month period, the operating rights 
owner or operator, as appropriate, may request that the data be held 
confidential for an additional 12-month period; and
    (3) Upon termination of a lease, whether by expiration of its terms 
or otherwise, such information shall be made available to the public.
    (b) Information requested to be kept confidential under this section 
shall be clearly identified by the operating rights owner or operator by 
marking each page of documents submitted with the words ``CONFIDENTIAL 
INFORMATION'' at the top of the page. All pages so marked shall be 
physically separated from other portions of the submitted materials. All 
information not marked ``CONFIDENTIAL INFORMATION'' will be available 
for public inspection.
    (c) Confidential and privileged information obtained from an 
operating rights owner or operator under this part on a restricted 
Indian lease shall be available only to the Tribe or allotted Indian 
lessor, their designated agent, or authorized U.S. Department of the 
Interior officials. Such information shall not be made available to any 
other party without the express authorization of the Tribe or alloted 
Indian lessor.
    (d) Any geological, geophysical, or financial information which is 
either not required under the regulations in this part or covers lands 
not under Federal or Indian leases, but which the operating rights owner 
or operator submits to the authorized officer, shall be held 
confidential and shall not be released without the consent of the 
operating rights owner or operator, as appropriate.
    (e) Trade secrets, proprietary and other confidential information 
obtained pursuant to this part shall be made available to States and 
Indian

[[Page 434]]

Tribes upon their request for the purpose of conducting an investigation 
if:
    (1) Such State or Indian Tribe consents in writing to restrict the 
dissemination of the information to those who are directly involved in 
an investigation under a cooperative agreement approved by the 
Secretary, and who need to know;
    (2) Such State or Indian Tribe accepts liability for wrongful 
disclosure;
    (3) In the case of a State, such State demonstrates that such 
information is essential to the conduct of an investigation or to 
litigation; and
    (4) In the case of an Indian Tribe, such Tribe demonstrates that 
such information is essential to the conduct of an investigation and 
waives sovereign immunity by express consent for wrongful disclosure by 
such Tribe.
    (f) The United States shall not be liable for the wrongful 
disclosure by any individual, State, or Indian Tribe of any information 
provided to such individual, State, or Indian Tribe pursuant to any 
cooperative agreement or a delegation.
    (g) Whenever any individual, State or Indian Tribe has obtained 
possession of information pursuant to a cooperative agreement or any 
individual or State has obtained possession of information pursuant to a 
delegation of authority, the individual shall be subject to the same 
provisions of law with respect to the disclosure of such information as 
would apply to an officer or employee of the United States or of any 
Department or agency thereof and the State or Indian Tribe shall be 
subject to the same provisions of law with respect to the disclosure of 
such information as would apply to the United States or any Department 
or agency thereof. No State or State officer or employee who receives 
trade secrets, proprietary information or other confidential information 
under Title II of the Federal Oil and Gas Royalty Management Act may be 
required to disclose such information under State Law.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 49 FR 37364, Sept. 21, 1984; 53 
FR 17364, May 16, 1988]



         Subpart 3163--Noncompliance, Assessments, and Penalties



Sec. 3163.1  Remedies for acts of noncompliance.

    (a) Whenever an operating rights owner or operator fails or refuses 
to comply with the regulations in this part, the terms of any lease or 
permit, or the requirements of any notice or order, the authorized 
officer shall notify the operating rights owner or operator, as 
appropriate, in writing of the violation or default. Such notice shall 
also set forth a reasonable abatement period:
    (1) If the violation or default is not corrected within the time 
allowed, the authorized officer may subject the operating rights owner 
or operator, as appropriate, to an assessment of not more than $500 per 
day for each day nonabatement continues where the violation or default 
is deemed a major violation;
    (2) Where noncompliance involves a minor violation, the authorized 
officer may subject the operating rights owner or operator, as 
appropriate, to an assessment of $250 for failure to abate the violation 
or correct the default within the time allowed;
    (3) When necessary for compliance, or where operations have been 
commenced without approval, or where continued operations could result 
in immediate, substantial, and adverse impacts on public health and 
safety, the environment, production accountability, or royalty income, 
the authorized officer may shut down operations. Immediate shut-in 
action may be taken where operations are initiated and conducted without 
prior approval, or where continued operations could result in immediate, 
substantial, and adverse impacts on public health and safety, the 
environment, production accountability, or royalty income. Shut-in 
actions for other situations may be taken only after due notice, in 
writing, has been given;
    (4) When necessary for compliance, the authorized officer may enter 
upon a lease and perform, or have performed, at the sole risk and 
expense of the operator, operations that the operator

[[Page 435]]

fails to perform when directed in writing by the authorized officer. 
Appropriate charges shall include the actual cost of performance, plus 
an additional 25 percent of such amount to compensate the United States 
for administrative costs. The operator shall be provided with a 
reasonable period of time either to take corrective action or to show 
why the lease should not be entered;
    (5) Continued noncompliance may subject the lease to cancellation 
and forfeiture under the bond. The operator shall be provided with a 
reasonable period of time either to take corrective action or to show 
why the lease should not be recommended for cancellation;
    (6) Where actual loss or damage has occurred as a result of the 
operator's noncompliance, the actual amount of such loss or damage shall 
be charged to the operator.
    (b) Certain instances of noncompliance are violations of such a 
serious nature as to warrant the imposition of immediate assessments 
upon discovery. Upon discovery the following violations shall result in 
immediate assessments, which may be retroactive, in the following 
specified amounts per violation:
    (1) For failure to install blowout preventer or other equivalent 
well control equipment, as required by the approved drilling plan, $500 
per day for each day that the violation existed, including days the 
violation existed prior to discovery, not to exceed $5,000;
    (2) For drilling without approval or for causing surface disturbance 
on Federal or Indian surface preliminary to drilling without approval, 
$500 per day for each day that the violation existed, including days the 
violation existed prior to discovery, not to exceed $5,000;
    (3) For failure to obtain approval of a plan for well abandonment 
prior to commencement of such operations, $500.
    (c) Assessments under paragraph (a)(1) of this section shall not 
exceed $1,000 per day, per operating rights owner or operator, per 
lease. Assessments under paragraph (a)(2) of this section shall not 
exceed a total of $500 per operating rights owner or operator, per 
lease, per inspection.
    (d) Continued noncompliance shall subject the operating rights owner 
or operator, as appropriate, to penalties described in Sec. 3163.2 of 
this title.
    (e) On a case-by-case basis, the State Director may compromise or 
reduce assessments under this section. In compromising or reducing the 
amount of the assessment, the State Director shall state in the record 
the reasons for such determination.
[52 FR 5393, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987, as amended at 53 
FR 17364, May 16, 1988; 53 FR 22847, June 17, 1988]



Sec. 3163.2  Civil penalties.

    (a) Whenever an operating rights owner or operator, as appropriate, 
fails or refuses to comply with any applicable requirements of the 
Federal Oil and Gas Royalty Management Act, any mineral leasing law, any 
regulation thereunder, or the terms of any lease or permit issued 
thereunder, the authorized officer shall notify the operating rights 
owner or operator, as appropriate, in writing of the violation, unless 
the violation was discovered and reported to the authorized officer by 
the liable person or the notice was previously issued under Sec. 3163.1 
of this title. If the violation is not corrected within 20 days of such 
notice or report, or such longer time as the authorized officer may 
agree to in writing, the operating rights owner or operator, as 
appropriate, shall be liable for a civil penalty of up to $500 per 
violation for each day such violation continues, dating from the date of 
such notice or report. Any amount imposed and paid as assessments under 
the provisions of Sec. 3163.1(a)(1) of this title shall be deducted from 
penalties under this section.
    (b) If the violation specified in paragraph (a) of this section is 
not corrected within 40 days of such notice or report, or a longer 
period as the authorized officer may agree to in writing, the operating 
rights owner or operator, as appropriate, shall be liable for a civil 
penalty of up to $5,000 per violation for each day the violation 
continues, not to exceed a maximum of 60 days, dating from the date of 
such notice or report. Any amount imposed and paid as assessments under 
the provisions of Sec. 3163.1(a)(1) of this title shall

[[Page 436]]

be deducted from penalties under this section.
    (c) In the event the authorized officer agrees to an abatement 
period of more than 20 days, the date of notice shall be deemed to be 20 
days prior to the end of such longer abatement period for the purpose of 
civil penalty calculation.
    (d) Whenever a transporter fails to permit inspection for proper 
documentation by any authorized representative, as provided in 
Sec. 3162.7-1(c) of this title, the transporter shall be liable for a 
civil penalty of up to $500 per day for the violation, not to exceed a 
maximum of 20 days, dating from the date of notice of the failure to 
permit inspection and continuing until the proper documentation is 
provided.
    (e) Any person shall be liable for a civil penalty of up to $10,000 
per violation for each day such violation continues, not to exceed a 
maximum of 20 days if he/she:
    (1) Fails or refuses to permit lawful entry or inspection authorized 
by Sec. 3162.1(b) of this title; or
    (2) Knowingly or willfully fails to notify the authorized officer by 
letter or Sundry Notice, Form 3160-5 or orally to be followed by a 
letter or Sundry Notice, not later than the 5th business day after any 
well begins production on which royalty is due, or resumes production in 
the case of a well which has been off of production for more than 90 
days, from a well located on a lease site, or allocated to a lease site, 
of the date on which such production began or resumed.
    (f) Any person shall be liable for a civil penalty of up to $25,000 
per violation for each day such violation continues, not to exceed a 
maximum of 20 days if he/she:
    (1) Knowingly or willfully prepares, maintains or submits false, 
inaccurate or misleading reports, notices, affidavits, records, data or 
other written information required by this part; or
    (2) Knowingly or willfully takes or removes, transports, uses or 
diverts any oil or gas from any Federal or Indian lease site without 
having valid legal authority to do so; or
    (3) Purchases, accepts, sells, transports or conveys to another any 
oil or gas knowing or having reason to know that such oil or gas was 
stolen or unlawfully removed or diverted from a Federal or Indian lease 
site.
    (g) Determinations of Penalty Amounts for this section are as 
follows:
    (1) For major violations, all initial proposed penalties shall be at 
the maximum rate provided in paragraphs (a), (b), and (d) through (f) of 
this section, i.e., in paragraph (a) of this section, the initial 
proposed penalty for a major violation shall be at the rate of $500 per 
day through the 40th day of a noncompliance beginning after service of 
notice, and in paragraph (b) of this section, $5,000 per day for each 
day the violation remains uncorrected after the date of notice or report 
of the violation. Such penalties shall not exceed a rate of $1,000 per 
day, per operating rights owner or operator, per lease under paragraph 
(a) of this section or $10,000 per day, per operating rights owner or 
operator, per lease under paragraph (b) of this section. For paragraphs 
(d) through (f) of this section, the rate shall be $500, $10,000, and 
$25,000, respectively.
    (2) For minor violations, no penalty under paragraph (a) of this 
section shall be assessed unless:
    (i) The operating rights owner or operator, as appropriate, has been 
notified of the violation in writing and did not correct the violation 
within the time allowed; and
    (ii) The operating rights owner or operator, as appropriate, has 
been assessed $250 under Sec. 3163.1 of this title and a second notice 
has been issued giving an abatement period of not less than 20 days; and
    (iii) The noncompliance was not abated within the time allowed by 
the second notice. The initial proposed penalty for a minor violation 
under paragraph (a) of this section shall be at the rate of $50 per day 
beginning with the date of the second notice. Under paragraph (b) of 
this section, the penalty shall be at a daily rate of $500. Such 
penalties shall not exceed a rate of $100 per day, per operating rights 
owner or operator, per lease under paragraph (a) of this section, of 
$1,000 per day, per operating rights owner or operator, per lease under 
paragraph (b) of this section.

[[Page 437]]

    (h) On a case-by-case basis, the Secretary may compromise or reduce 
civil penalties under this section. In compromising or reducing the 
amount of a civil penalty, the Secretary shall state on the record the 
reasons for such determination.
    (i) Civil penalties provided by this section shall be supplemental 
to, and not in derogation of, any other penalties or assessments for 
noncompliance in any other provision of law, except as provided in 
paragraphs (a) and (b) of this section.
    (j) If the violation continues beyond the 60-day maximum specified 
in paragraph (b) of this section or beyond the 20 day maximum specified 
in paragraphs (e) and (f) of this section, lease cancellation 
proceedings shall be initiated under either Title 43 or Title 25 of the 
Code of Federal Regulations.
    (k) If the violation continues beyond the 20-day maximum specified 
in paragraph (d) of this section, the authorized officer shall revoke 
the transporter's authority to remove crude oil or other liquid 
hydrocarbons from any Federal or Indian lease under the authority of 
that authorized officer or to remove any crude oil or liquid 
hydrocarbons allocation to such lease site. This revocation of the 
transporter's authority shall continue until compliance is achieved and 
related penalty paid.
[52 FR 5393, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987, as amended at 53 
FR 17364, May 16, 1988]



Sec. 3163.3  Criminal penalties.

    Any person who commits an act for which a civil penalty is provided 
in Sec. 3163.4-1(b)(6) of this title shall, upon conviction, be punished 
by a fine of not more than $50,000 or by imprisonment for not more than 
2 years or both.
[49 FR 37367, Sept. 21, 1984. Redesignated at 52 FR 5394, Feb 20, 1987]



Sec. 3163.4  Failure to pay.

    If any person fails to pay an assessment or a civil penalty under 
Sec. 3163.1 or Sec. 3163.2 of this title after the order making the 
assessment or penalty becomes a final order, and if such person does not 
file a petition for judicial review in accordance with this subpart, or, 
after a court in an action brought under this subpart has entered a 
final judgment in favor of the Secretary, the court shall have 
jurisdiction to award the amount assessed plus interest from the date of 
the expiration of the 90-day period provided by Sec. 3165.4(e) of this 
title. The Federal Oil and Gas Royalty Management Act requires that any 
judgment by the court shall include an order to pay.
[52 FR 5394, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987]



Sec. 3163.5  Assessments and civil penalties.

    (a) Assessments made under Sec. 3163.1 of this title are due upon 
issuance and shall be paid within 30 days of receipt of certified mail 
written notice or personal service, as directed by the authorized 
officer in the notice. Failure to pay assessed damages timely will be 
subject to late payment charges as prescribed under Title 30 CFR Group 
202.
    (b) Civil penalties under Sec. 3163.2 of this title shall be paid 
within 30 days of completion of any final order of the Secretary or the 
final order of the Court.
    (c) Payments made pursuant to this section shall not relieve the 
responsible party of compliance with the regulations in this part or 
from liability for waste or any other damage. A waiver of any particular 
assessment shall not be construed as precluding an assessment pursuant 
to Sec. 3163.1 of this title for any other act of noncompliance 
occurring at the same time or at any other time. The amount of any civil 
penalty under Sec. 3163.2 of this title, as finally determined, may be 
deducted from any sums owing by the United States to the person charged.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983; 49 FR 37368, Sept. 21, 1984; 52 FR 5394, Feb. 20, 
1987; 52 FR 10225, Mar. 31, 1987; 53 FR 17364, May 16, 1988]



Sec. 3163.6  Injunction and specific performance.

    (a) In addition to any other remedy under this part or any mineral 
leasing law, the Attorney General of the United States or his designee 
may bring a civil action in a district court of the United States to:

[[Page 438]]

    (1) Restrain any violation of the Federal Oil and Gas Royalty and 
Management Act or any mineral leasing law of the United States; or
    (2) Compel the taking of any action required by or under the Act or 
any mineral leasing law of the United States.
    (b) A civil action described in paragraph (a) may be brought only in 
the United States district court of the judicial district wherein the 
act, omission or transaction constituting a violation under the Act or 
any other mineral leasing law occurred, or wherein the defendant is 
found or transacts business.
[49 FR 37368, Sept. 21, 1984]



                    Subpart 3164--Special Provisions



Sec. 3164.1  Onshore Oil and Gas Orders.

    (a) The Director is authorized to issue Onshore Oil and Gas Orders 
when necessary to implement and supplement the regulations in this part. 
All orders will be published in the Federal Register both for public 
comment and in final form.
    (b) These Orders are binding on operating rights owners and 
operators, as appropriate, of Federal and restricted Indian oil and gas 
leases which have been, or may hereafter be, issued. The Onshore Oil and 
Gas Orders listed below are currently in effect:

                                                                        
------------------------------------------------------------------------
Order                                      Federal Register             
 No.        Subject       Effective date       reference      Supersedes
------------------------------------------------------------------------
1....  Approval of       Nov. 21, 1983...  48 FR 48916 and   NTL-6.     
        operations.                         48 FR 56226.                
2....  Drilling........  Dec. 19, 1988...  53 FR 46790.....  None.      
3....  Site security...  Mar. 27, 1989...  54 FR 8056......  NTL-7.     
4....  Measurement of    Aug. 23, 1989...  54 FR 8086......  None.      
        oil.                                                            
5....  Measurement of    Mar. 27, 1989,    54 FR 8100......  None.      
        gas.              new facilities                                
                          greater than                                  
                          200 MCF                                       
                          production;                                   
                          Aug. 23, 1989,                                
                          existing                                      
                          facility                                      
                          greater than                                  
                          200 MCF                                       
                          production;                                   
                          Feb. 26, 1990,                                
                          existing                                      
                          facility less                                 
                          than 200 MCF                                  
                          production.                                   
6....  Hydrogen sulfide  Jan. 22, 1991...  55 FR 48958.....  None.      
        operations.                                                     
7....  Disposal of       October 8, 1993.  58 FR 47354.....  NTL-2B     
        produced water.                                                 
------------------------------------------------------------------------
Note: Numbers to be assigned sequentially by the Washington Office as   
  proposed Orders are prepared for publication.                         

[47 FR 47765, Oct. 27, 1982. Redesignated at 48 FR 36583-36586, Aug. 12, 
1983, and amended at 48 FR 48921, Oct. 21, 1983; 48 FR 56226, Dec. 20, 
1983; 53 FR 17364, May 16, 1988; 54 FR 8060, Feb. 24, 1989; 54 FR 8092, 
Feb. 24, 1989; 54 FR 8106, Feb. 24, 1989; 54 FR 39527, 39529, Sept. 27, 
1989; 56 FR 48967, Nov. 23, 1991; 57 FR 3025, Jan. 27, 1992; 58 FR 
47361, Sept. 8, 1993; 58 FR 58505, Nov. 2, 1993]



Sec. 3164.2  NTL's and other implementing procedures.

    (a) The authorized officer is authorized to issue NTL's when 
necessary to implement the onshore oil and gas orders and the 
regulations in this part. All NTL's will be issued after notice and 
opportunity for comment.
    (b) All NTL's issued prior to the promulgation of these regulations 
shall remain in effect until modified, superseded by an Onshore Oil and 
Gas Order, or otherwise terminated.
    (c) A manual and other written instructions will be used to provide 
policy and procedures for internal guidance of the Bureau of Land 
Management.



Sec. 3164.3  Surface rights.

    (a) Operators shall have the right of surface use only to the extent 
specifically granted by the lease. With respect to restricted Indian 
lands, additional surface rights may be exercised when granted by a 
written agreement

[[Page 439]]

with the Indian surface owner and approved by the Superintendent of the 
Indian agency having jurisdiction.
    (b) Except for the National Forest System lands, the authorized 
officer is responsible for approving and supervising the surface use of 
all drilling, development, and production activities on the leasehold. 
This includes storage tanks and processing facilities, sales facilities, 
all pipelines upstream from such facilities, and other facilities to aid 
production such as water disposal pits and lines, and gas or water 
injection lines.
    (c) On National Forest System lands, the Forest Service shall 
regulate all surface disturbing activities in accordance with Forest 
Service regulations, including providing to the authorized officer 
appropriate approvals of such activities.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17364, May 16, 1988; 53 
FR 22847, June 17, 1988]



Sec. 3164.4  Damages on restricted Indian lands.

    Assessments for damages to lands, crops, buildings, and to other 
improvements on restricted Indian lands shall be made by the 
Superintendent and be payable in the manner prescribed by said official.



              Subpart 3165--Relief, Conflicts, and Appeals



Sec. 3165.1  Relief from operating and producing requirements.

    (a) Applications for relief from either the operating or the 
producing requirements of a lease, or both, shall be filed with the 
authorized officer, and shall include a full statement of the 
circumstances that render such relief necessary.
    (b) The authorized officer shall act on applications submitted for a 
suspension of operations or production, or both, filed pursuant to 
Sec. 3103.4-4 of this title. The application for suspension shall be 
filed with the authorized officer prior to the expiration date of the 
lease; shall be executed by all operating rights owners or, in the case 
of a Federal unit approved under part 3180 of this title, by the unit 
operator on behalf of the committed tracts or by all operating rights 
owners of such tracts; and shall include a full statement of the 
circumstances that makes such relief necessary.
    (c) If approved, a suspension of operations and production will be 
effective on the first of the month in which the completed application 
was filed or the date specified by the authorized officer. Suspensions 
will terminate when they are no longer justified in the interest of 
conservation, when such action is in the interest of the lessor, or as 
otherwise stated by the authorized officer in the approval letter.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17364, May 16, 1988; 61 
FR 4752, Feb. 8, 1996]



Sec. 3165.1-1  Relief from royalty and rental requirements.

    Applications for any modification authorized by law of the royalty 
or rental requirements of a lease for lands of the United States shall 
be filed in the office of the authorized officer having jurisdiction of 
the lands. (For other regulations relating to royalty and rental relief, 
and suspension of operations and production, see part 3103 of this 
title.)
[48 FR 36586, Aug. 12, 1983, as amended at 53 FR 17365, May 16, 1988]



Sec. 3165.2  Conflicts between regulations.

    In the event of any conflict between the regulations in this part 
and the regulations in title 25 CFR concerning oil and gas operations on 
Federal and Indian leaseholds, the regulations in this part shall govern 
with respect to the obligations in the conduct of oil and gas 
operations, acts of noncompliance, and the jurisdiction and authority of 
the authorized officer.
[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583-
36586, Aug. 12, 1983, further amended at 53 FR 17365, May 16, 1988]



Sec. 3165.3  Notice, State Director review and hearing on the record.

    (a) Notice. Whenever an operating rights owner or operator, as 
appropriate, fails to comply with any provisions of the lease, the 
regulations in this part, applicable orders or notices, or any other 
appropriate orders of the

[[Page 440]]

authorized officer, written notice shall be given the appropriate party 
to remedy any defaults or violations. Written orders or a notice of 
violation, assessment, or proposed penalty shall be issued and served by 
personal service by an authorized officer or by certified mail. Service 
shall be deemed to occur when received or 7 business days after the date 
it is mailed, whichever is earlier. Any person may designate a 
representative to receive any notice of violation, assessment, or 
proposed penalty on his/her behalf. In the case of a major violation, 
the authorized officer shall make a good faith effort to contact such 
designated representative by telephone to be followed by a written 
notice. Receipt of notice shall be deemed to occur at the time of such 
verbal communication, and the time of notice and the name of the 
receiving party shall be confirmed in the file. If the good faith effort 
to contact the designated representative is unsuccessful, notice of the 
major violation may be given to any person conducting or supervising 
operations subject to the regulations in this part. In the case of a 
minor violation, written notice shall be provided as described above. A 
copy of all orders, notices, or instructions served on any contractor or 
field employee or designated representative shall also be mailed to the 
operator. Any notice involving a civil penalty shall be mailed to the 
operating rights owner.
    (b) State Director review. Any adversely affected party that 
contests a notice of violation or assessment or an instruction, order, 
or decision of the authorized officer issued under the regulations in 
this part, may request an administrative review, before the State 
Director, either with or without oral presentation. Such request, 
including all supporting documentation, shall be filed in writing with 
the appropriate State Director within 20 business days of the date such 
notice of violation or assessment or instruction, order, or decision was 
received or considered to have been received and shall be filed with the 
appropriate State Director. Upon request and showing of good cause, an 
extension for submitting supporting data may be granted by the State 
Director. Such review shall include all factors or circumstances 
relevant to the particular case. Any party who is adversely affected by 
the State Director's decision may appeal that decision to the Interior 
Board of Land Appeals as provided in Sec. 3165.4 of this part.
    (c) Review of proposed penalties. Any adversely affected party 
wishing to contest a notice of proposed penalty shall request an 
administrative review before the State Director under the procedures set 
out in paragraph (b) of this section. However, no civil penalty shall be 
assessed under this part until the party charged with the violation has 
been given the opportunity for a hearing on the record in accordance 
with section 109(e) of the Federal Oil and Gas Royalty Management Act. 
Therefore, any party adversely affected by the State Director's decision 
on the proposed penalty, may request a hearing on the record before an 
Administrative Law Judge or, in lieu of a hearing, may appeal that 
decision directly to the Interior Board of Land Appeals as provided in 
Sec. 3165.4(b)(2) of this part. If such party elects to request a 
hearing on the record, such request shall be filed in the office of the 
State Director having jurisdiction over the lands covered by the lease 
within 30 days of receipt of the State Director's decision on the notice 
of proposed penalty. Where a hearing on the record is requested, the 
State Director shall refer the complete case file to the Office of 
Hearings and Appeals for a hearing before an Administrative Law Judge in 
accordance with part 4 of this title. A decision shall be issued 
following completion of the hearing and shall be served on the parties. 
Any party, including the United States, adversely affected by the 
decision of the Administrative Law Judge may appeal to the Interior 
Board of Land Appeals as provided in Sec. 3163.4 of this title.
    (d) Action on request for State Director review. Action on request 
for administrative review. The State Director shall issue a final 
decision within 10 business days of the receipt of a complete request 
for administrative review or, where oral presentation has been made, 
within 10 business days therefrom. Such decision shall represent the 
final

[[Page 441]]

Bureau decision from which further review may be obtained as provided in 
paragraph (c) of this section for proposed penalties, and in Sec. 3165.4 
of this title for all decisions.
    (e) Effect of request for State Director review or for hearing on 
the record. (1) Any request for review by the State Director under this 
section shall not result in a suspension of the requirement for 
compliance with the notice of violation or proposed penalty, or stop the 
daily accumulation of assessments or penalties, unless the State 
Director to whom the request is made so determines.
    (2) Any request for a hearing on the record before an administrative 
law judge under this section shall not result in a suspension of the 
requirement for compliance with the decision, unless the administrative 
law judge so determines. Any request for hearing on the record shall 
stop the accumulation of additional daily penalties until such time as a 
final decision is rendered, except that within 10 days of receipt of a 
request for a hearing on the record, the State Director may, after 
review of such request, recommend that the Director reinstate the 
accumulation of daily civil penalties until the violation is abated. 
Within 45 days of the filing of the request for a hearing on the record, 
the Director may reinstate the accumulation of civil penalties if he/she 
determines that the public interest requires a reinstatement of the 
accumulation and that the violation is causing or threating immediate, 
substantial and adverse impacts on public health and safety, the 
environment, production accountability, or royalty income. If the 
Director does not reinstate the daily accumulation within 45 days of the 
filing of the request for a hearing on the record, the suspension shall 
continue.
[52 FR 5394, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987, as amended at 53 
FR 17365, May 16, 1988]



Sec. 3165.4  Appeals.

    (a) Appeal of decision of State Director. Any party adversely 
affected by the decision of the State Director after State Director 
review, under Sec. 3165.3(b) of this title, of a notice of violation or 
assessment or of an instruction, order, or decision may appeal that 
decision to the Interior Board of Land Appeals pursuant to the 
regulations set out in part 4 of this title.
    (b) Appeal from decision on a proposed penalty after a hearing on 
the record. (1) Any party adversely affected by the decision of an 
Administrative Law Judge on a proposed penalty after a hearing on the 
record under Sec. 3165.3(c) of this title may appeal that decision to 
the Interior Board of Land Appeals pursuant to the regulations in part 4 
of this title.
    (2) In lieu of a hearing on the record under Sec. 3165.3(c) of this 
title, any party adversely affected by the decision of the State 
Director on a proposed penalty may waive the opportunity for such a 
hearing on the record by appealing directly to the Interior Board of 
Land Appeals under part 4 of this title. However, if the right to a 
hearing on the record is waived, further appeal to the District Court 
under section 109(j) of the Federal Oil and Gas Royalty Management Act 
is precluded.
    (c) Effect of an appeal on an approval/decision by a State Director 
or Administrative Law Judge. All decisions and approvals of a State 
Director or Administrator Law Judge under this part shall remain 
effective pending appeal unless the Interior Board of Land Appeals 
determines otherwise upon consideration of the standards stated in this 
paragraph. The provisions of 43 CFR 4.21(a) shall not apply to any 
decision or approval of a State Director or Administrative Law Judge 
under this part. A petition for a stay of a decision or approval of a 
State Director or Administrative Law Judge shall be filed with the 
Interior Board of Land Appeals, Office of Hearings and Appeals, 
Department of the Interior, and shall show sufficient justification 
based on the following standards:
    (1) The relative harm to the parties if the stay is granted or 
denied,
    (2) The likelihood of the appellant's success on the merits,
    (3) The likelihood of irreparable harm to the appellant or resources 
if the stay is not granted, and
    (4) Whether the public interest favors granting the stay.

Nothing in this paragraph shall diminish the discretionary authority of 
a State Director or Administrative Law

[[Page 442]]

Judge to stay the effectiveness of a decision subject to appeal pursuant 
to paragraph (a) or (b) of this section upon a request by an adversely 
affected party or on the State Director's or Administrative Law Judge's 
own initiative. If a State Director or Administrative Law Judge denies 
such a request, the requester can petition for a stay of the denial 
decision by filing a petition with the Interior Board of Land Appeals 
that addresses the standards described above in this paragraph.
    (d) Effect of appeal on compliance requirements. Except as provided 
in paragraph (d) of this section, any appeal filed pursuant to 
paragraphs (a) and (b) of this section shall not result in a suspension 
of the requirement for compliance with the order or decision from which 
the appeal is taken unless the Interior Board of Land Appeals determines 
that suspension of the requirements of the order or decision will not be 
detrimental to the interests of the lessor or upon submission and 
acceptance of a bond deemed adequate to indemnify the lessor from loss 
or damage.
    (e) Effect of appeal on assessments and penalties. (1) Except as 
provided in paragraph (d)(3) of this section, an appeal filed pursuant 
to paragraph (a) of this section shall suspend the accumulation of 
additional daily assessments. However, the pendency of an appeal shall 
not bar the authorized officer from assessing civil penalties under 
Sec. 3163.2 of this title in the event the operator has failed to abate 
the violation which resulted in the assessment. The Board of Land 
Appeals may issue appropriate orders to coordinate the pending appeal 
and the pending civil penalty proceeding.
    (2) Except as provided in paragraph (d)(3) of this section, an 
appeal filed pursuant to paragraph (b) of this section shall suspend the 
accumulation of additional daily civil penalties.
    (3) When an appeal is filed under paragraph (a) or (b) of this 
section, the State Director may, within 10 days of receipt of the notice 
of appeal, recommend that the Director reinstate the accumulation of 
assessments and daily civil penalties until such time as a final 
decision is rendered or until the violation is abated. The Director may, 
if he/she determines that the public interest requires it, reinstate 
such accumulation(s) upon a finding that the violation is causing or 
threatening immediate substantial and adverse impacts on public health 
and safety, the environment, production accountability, or royalty 
income. If the Director does not act on the recommendation to reinstate 
the accumulation(s) within 45 days of the filing of the notice of 
appeal, the suspension shall continue.
    (f) Judicial review. Any person who is aggrieved by a final order of 
the Secretary under this section may seek review of such order in the 
United States District Court for the judicial district in which the 
alleged violation occurred. Because section 109 of the Federal Oil and 
Gas Royalty Management Act provides for judicial review of civil penalty 
determinations only where a person has requested a hearing on the 
record, a waiver of such hearing precludes further review by the 
district court. Review by the district court shall be on the 
administrative record only and not de novo. Such an action shall be 
barred unless filed within 90 days after issuance of final decision as 
provided in Sec. 4.21 of this title.
[52 FR 5395, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987, as amended at 53 
FR 17365, May 16, 1988; 57 FR 9013, Mar. 13, 1992]



PART 3180--ONSHORE OIL AND GAS UNIT AGREEMENTS: UNPROVEN AREAS--Table of Contents




    Note:  Many existing unit agreements currently in effect 
specifically refer to the United States Geological Survey, USGS, 
Minerals Management Service, MMS, Supervisor, Conservation Manager, 
Deputy Conservation Manager, Minerals Manager and Deputy Minerals 
Manager in the body of the agreements, as well as references to 30 CFR 
part 221 or specific sections thereof. Those references shall now be 
read in the context of Secretarial Order 3087 and now mean either the 
Bureau of Land Management or Minerals Management Service, as 
appropriate.

       Subpart 3180--Onshore Oil and Gas Unit Agreements: General

Sec.
3180.0-1  Purpose.
3180.0-2  Policy.
3180.0-3  Authority.

[[Page 443]]

3180.0-5  Definitions.

              Subpart 3181--Application for Unit Agreement

3181.1  Preliminary consideration of unit agreement.
3181.2  Designation of unit area; depth of test well.
3181.3  Parties to unit agreement.
3181.4  Inclusion of non-Federal lands.
3181.5  Compensatory royalty payment for unleased Federal land.

              Subpart 3182--Qualifications of Unit Operator

3182.1  Qualifications of unit operator.

             Subpart 3183--Filing and Approval of Documents

3183.1  Where to file papers.
3183.2  Designation of area.
3183.3  Executed agreements.
3183.4  Approval of executed agreement.
3183.5  Participating area.
3183.6  Plan of development.
3183.7  Return of approved documents.

                        Subpart 3184  [Reserved]

                          Subpart 3185--Appeals

3185.1  Appeals.

                        Subpart 3186--Model Forms

3186.1  Model onshore unit agreement for unproven areas.
3186.1-1  Model Exhibit ``A.''
3186.1-2  Model Exhibit ``B.''
3186.2  Model collective bond.
3186.3  Model for designation of successor unit operator by working 
          interest owners.
3186.4  Model for change in unit operator by assignment.

    Authority:  30 U.S.C. 181 and 226.

    Source:  48 FR 26766, June 10, 1983, unless otherwise noted. 
Redesignated at 48 FR 36587, Aug. 12, 1983.



       Subpart 3180--Onshore Oil and Gas Unit Agreements: General



Sec. 3180.0-1  Purpose.

    The regulations in this part prescribe the procedures to be followed 
and the requirements to be met by the owners of any right, title or 
interest in Federal oil and gas leases (see Sec. 3160.0-5 of this title) 
and their representatives who wish to unite with each other, or jointly 
or separately with others, in collectively adopting and operating under 
a unit plan for the development of any oil or gas pool, field or like 
area, or any part thereof. All unit agreements on Federal leases are 
subject to the regulations contained in part 3160 of this title, Onshore 
Oil and Gas Operations. All unit operations on non-Federal lands 
included within Federal unit plans are subject to the reporting 
requirements of part 3160 of this title.
[48 FR 36587, Aug. 12, 1983]



Sec. 3180.0-2  Policy.

    Subject to the supervisory authority of the Secretary of the 
Interior, the administration of the regulations in this part shall be 
under the jurisdiction of the authorized officer. In the exercise of 
his/her discretion, the authorized officer shall be subject to the 
direction and supervisory authority of the Director, Bureau of Land 
Management, who may exercise the jurisdiction of the authorized officer.
[48 FR 36587, Aug. 12, 1983]



Sec. 3180.0-3  Authority.

    The Mineral Leasing Act, as amended and supplemented (30 U.S.C. 181, 
189, 226(e) and 226(j)), and Order Number 3087, dated December 3, 1982, 
as amended on February 7, 1983 (48 FR 8983), under which the Secretary 
consolidated and transferred the onshore minerals management functions 
of the Department, except mineral revenue functions and the 
responsibility for leasing of restricted Indian lands, to the Bureau of 
Land Management.
[48 FR 36587, Aug. 12, 1983]



Sec. 3180.0-5  Definitions.

    The following terms, as used in this part or in any unit agreement 
approved under the regulations in this part, shall have the meanings 
here indicated unless otherwise defined in such unit agreement:
    Federal lease. A lease issued under the Act of February 25, 1920, as 
amended (30 U.S.C. 181, et seq.); the Act of May 21, 1930 (30 U.S.C. 
351-359); the Act of August 7, 1947 (30 U.S.C. 351, et seq.); or the Act 
of November 16, 1981 (Pub. L. 97-98, 95 Stat. 1070).
    Participating area. That part of a unit area which is considered 
reasonably

[[Page 444]]

proven to be productive of unitized substances in paying quantities or 
which is necessary for unit operations and to which production is 
allocated in the manner prescribed in the unit agreement.
    Unit area. The area described in an agreement as constituting the 
land logically subject to exploration and/or development under such 
agreement.
    Unitized land. Those lands and formations within a unit area which 
are committed to an approved agreement or plan.
    Unitized substances. Deposits of oil and gas contained in the 
unitized land which are recoverable in paying quantities by operation 
under and pursuant to an agreement.
    Working interest. An interest held in unitized substances or in 
lands containing the same by virtue of a lease, operating agreement, fee 
title, or otherwise, under which, except as otherwise provided in the 
agreement, the owner of such interest is vested with the right to 
explore for, develop, and produce such substances. The rights delegated 
to the unit operator by the unit agreement are not regarded as a working 
interest.
[48 FR 26766, June 10, 1983. Redesignated and amended at 48 FR 36587, 
Aug. 12, 1983; 51 FR 34603, Sept. 30, 1986]



              Subpart 3181--Application for Unit Agreement



Sec. 3181.1  Preliminary consideration of unit agreement.

    The model unit agreement set forth in Sec. 3186.1 of this title, is 
acceptable for use in unproven areas. Unique situations requiring 
special provisions should be clearly identified, since these and other 
special conditions may necessitate a modification of the model unit 
agreement set forth in Sec. 3186.1 of this title. Any proposed special 
provisions or other modifications of the model agreement should be 
submitted for preliminary consideration so that any necessary revision 
may be prescribed prior to execution by the interested parties. Where 
Federal lands constitute less than 10 percent of the total unit area, a 
non-Federal unit agreement may be used. Upon submission of such an 
agreement, the authorized officer will take appropriate action to commit 
the Federal lands.



Sec. 3181.2  Designation of unit area; depth of test well.

    An application for designation of an area as logically subject to 
development under a unit agreement and for determination of the depth of 
a test well may be filed by a proponent of such an agreement at the 
proper BLM office. Such application shall be accompanied by a map or 
diagram on a scale of not less than 2 inches to 1 mile, outlining the 
area sought to be designated under this section. The Federal, State, 
Indian and privately owned land should be indicated by distinctive 
symbols or colors. Federal and Indian oil and gas leases and lease 
applications should be identified by lease serial numbers. Geologic 
information, including the results of any geophysical surveys, and any 
other available information showing that unitization is necessary and 
advisable in the public interest should be furnished. If requested, 
geologic, geophysical and other related information so furnished will be 
treated as confidential in accordance with the provisions of Sec. 3162.8 
of this title. These data will be considered by the authorized officer 
and the applicant will be informed of the decision reached. The 
designation of an area, pursuant to an application filed under this 
section, shall not create an exclusive right to submit an agreement for 
such area, nor preclude the inclusion of such area or any party thereof 
in another unit area.



Sec. 3181.3  Parties to unit agreement.

    The owners of any right, title, or interest in the oil and gas 
deposits to be unitized are regarded as proper parties to a proposed 
agreement. All such parties must be invited to join the agreement. If 
any party fails or refuses to join the agreement, the proponent of the 
agreement, at the time it is filed for approval, must submit evidence of 
reasonable effort made to obtain joinder of such party and, when 
requested, the reasons for such nonjoinders. The address of each 
signatory party to the agreement should be inserted below the

[[Page 445]]

signature. Each signature should be attested by at least one witness if 
not notarized. The signing parties may execute any number of 
counterparts of the agreement with the same force and effect as if all 
parties signed the same document, or may execute a ratification or 
consent in a separate instrument with like force and effect.



Sec. 3181.4  Inclusion of non-Federal lands.

    (a) Where State-owned land is to be unitized with Federal lands, 
approval of the agreement by appropriate State officials must be 
obtained prior to its submission to the proper BLM office for final 
approval. When authorized by the laws of the State in which the unitized 
land is situated, appropriate provision may be made in the agreement, 
recognizing such laws to the extent that they are applicable to non-
Federal unitized land.
    (b) When Indian lands are included, modification of the unit 
agreement will be required where appropriate. Approval of an agreement 
containing Indian lands by the Bureau of Indian Affairs must be obtained 
prior to final approval by the authorized officer.



Sec. 3181.5  Compensatory royalty payment for unleased Federal land.

    The unit agreement submitted by the unit proponent for approval by 
the authorized officer shall provide for payment to the Federal 
Government of a 12\1/2\ percent royalty on production that would be 
attributable to unleased Federal lands in a PA of the unit if said lands 
were leased and committed to the unit agreement. The value of production 
subject to compensatory royalty payment shall be determined pursuant to 
30 CFR part 206, provided that no additional royalty shall be due on any 
production subject to compensatory royalty under this provision.
[58 FR 58632, Nov. 2, 1993, as amended at 59 FR 16999, Apr. 11, 1994]



              Subpart 3182--Qualifications of Unit Operator



Sec. 3182.1  Qualifications of unit operator.

    A unit operator must qualify as to citizenship in the same manner as 
those holding interests in Federal oil and gas leases under the 
regulations at subpart 3102 of this title. The unit operator may be an 
owner of a working interest in the unit area or such other party as may 
be selected by the owners of working interests. The unit operator shall 
execute an acceptance of the duties and obligations imposed by the 
agreement. No designation of or change in a unit operator will become 
effective until approved by the authorized officer, and no such approval 
will be granted unless the successor unit operator is deemed qualified 
to fulfill the duties and obligations prescribed in the agreement.



             Subpart 3183--Filing and Approval of Documents



Sec. 3183.1  Where to file papers.

    All papers, instruments, documents, and proposals submitted under 
this part shall be filed in the proper BLM office.
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
and amended at 51 FR 34603, Sept. 30, 1986]



Sec. 3183.2  Designation of area.

    An application for designation of a proposed unit area and 
determination of the required depth of test well(s) shall be filed in 
duplicate. A like number of counterparts should be filed of any geologic 
data and any other information submitted in support of such application.



Sec. 3183.3  Executed agreements.

    Where a duly executed agreement is submitted for final approval, a 
minimum of four signed counterparts should be filed. The number of 
counterparts to be filed for supplementing, modifying, or amending an 
existing agreement, including change of unit operator, designation of 
new unit operator, establishment or revision of a participating area, 
and termination shall be prescribed by the authorized officer.



Sec. 3183.4  Approval of executed agreement.

    (a) A unit agreement shall be approved by the authorized officer 
upon a

[[Page 446]]

determination that such agreement is necessary or advisable in the 
public interest and is for the purpose of more properly conserving 
natural resources. Such approval shall be incorporated in a 
Certification-Determination document appended to the agreement (see 
Sec. 3186.1 of this part for an example), and the unit agreement shall 
not be deemed effective until the authorized officer has executed the 
Certification-Determination document. No such agreement shall be 
approved unless the parties signatory to the agreement hold sufficient 
interests in the unit area to provide reasonably effective control of 
operations.
    (b) The public interest requirement of an approved unit agreement 
for unproven areas shall be satisfied only if the unit operator 
commences actual drilling operations and thereafter diligently 
prosecutes such operations in accordance with the terms of said 
agreement. If an application is received for voluntary termination of a 
unit agreement for an unproven area during its fixed term or such an 
agreement automatically expires at the end of its fixed term without the 
public interest requirement having been satisfied, the approval of that 
agreement by the authorized officer and lease segregations and 
extensions under Sec. 3107.3-2 of this title shall be invalid, and no 
Federal lease shall be eligible for extensions under Sec. 3107.4 of this 
title.
    (c) Any modification of an approved agreement shall require the 
prior approval of the authorized officer.
[53 FR 17365, May 16, 1988, as amended at 58 FR 58633, Nov. 2, 1993]



Sec. 3183.5  Participating area.

    Two counterparts of a substantiating geologic report, including 
structure-contour map, cross sections, and pertinent data, shall 
accompany each application for approval of a participating area or 
revision thereof under an approved agreement.
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
and further redesignated at 53 FR 17365, May 16, 1988]



Sec. 3183.6  Plan of development.

    Three counterparts of all plans of development and operation shall 
be submitted for approval under an approved agreement.
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
and further redesignated at 53 FR 17365, May 16, 1988]



Sec. 3183.7  Return of approved documents.

    One approved counterpart of each instrument or document submitted 
for approval will be returned to the unit operator by the authorized 
officer or his representative, together with such additional 
counterparts as may have been furnished for that purpose.
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
and amended at 51 FR 34603, Sept. 30, 1986. Further redesignated at 53 
FR 17365, May 16, 1988]

                        Subpart 3184  [Reserved]



                          Subpart 3185--Appeals



Sec. 3185.1  Appeals.

    Any party adversely affected by an instruction, order, or decision 
issued under the regulations in this part may request an administrative 
review before the State Director under Sec. 3165.3 of this title. Any 
party adversely affected by a decision of the State Director after State 
Director review may appeal that decision as provided in part 4 of this 
title.
[58 FR 58633, Nov. 2, 1993]



                        Subpart 3186--Model Forms



Sec. 3186.1  Model onshore unit agreement for unproven areas.

                          Introductory Section

1  ENABLING ACT AND REGULATIONS.
2  UNIT AREA.
3  UNITIZED LAND AND UNITIZED SUBSTANCES.
4  UNIT OPERATOR.
5  RESIGNATION OR REMOVAL OF UNIT OPERATOR.
6  SUCCESSOR UNIT OPERATOR.
7  ACCOUNTING PROVISIONS AND UNIT OPERATING AGREEMENT.
8  RIGHTS AND OBLIGATIONS OF UNIT OPERATOR.
9  DRILLING TO DISCOVERY.
10  PLAN OF FURTHER DEVELOPMENT AND OPERATION.
11  PARTICIPATION AFTER DISCOVERY.
12  ALLOCATION OF PRODUCTION.

[[Page 447]]

13  DEVELOPMENT OR OPERATION OF NONPARTICIPATING LAND OR FORMATIONS.
14  ROYALTY SETTLEMENT.
15  RENTAL SETTLEMENT.
16  CONSERVATION.
17  DRAINAGE.
18  LEASES AND CONTRACTS CONFORMED AND EXTENDED.
19  CONVENANTS RUN WITH LAND.
20  EFFECTIVE DATE AND TERM.
21  RATE OF PROSPECTING, DEVELOPMENT, AND PRODUCTION.
22  APPEARANCES.
23  NOTICES.
24  NO WAIVER OF CERTAIN RIGHTS.
25  UNAVOIDABLE DELAY.
26  NONDISCRIMINATION.
27  LOSS OF TITLE.
28  NONJOINDER AND SUBSEQUENT JOINDER.
29  COUNTERPARTS.
30  SURRENDER. \1\
31  TAXES. \1\
32  NO PARTNERSHIP. \1\
Concluding Section  IN WITNESS WHEREOF.
General Guidelines.
Certification--Determination.

         UNIT AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE

 Unit area______________________________________________________________
 County of______________________________________________________________
 State of_______________________________________________________________
 No.____________________________________________________________________

    This agreement, entered into as of the ------ day of ------, 19-- by 
and between the parties subscribing, ratifying, or consenting hereto, 
and herein referred to as the ``parties hereto,''
---------------------------------------------------------------------------

    \1\ Optional sections (in addition the penultimate paragraph of 
Section 9 is to be included only when more than one obligation well is 
required and paragraph (h) of section 18 is to be used only when 
applicable).
---------------------------------------------------------------------------

WITNESSETH:
    WHEREAS, the parties hereto are the owners of working, royalty, or 
other oil and gas interests in the unit area subject to this agreement; 
and
    WHEREAS, the Mineral Leasing Act of February 25, 1920, 41 Stat. 437, 
as amended, 30 U.S.C. Sec. 181 et seq., authorizes Federal lessees and 
their representatives to unite with each other, or jointly or separately 
with others, in collectively adopting and operating under a unit plan of 
development or operations of any oil and gas pool, field, or like area, 
or any part thereof for the purpose of more properly conserving the 
natural resources thereof whenever determined and certified by the 
Secretary of the Interior to be necessary or advisable in the public 
interest; and
    WHEREAS, the parties hereto hold sufficient interests in the ------
---- Unit Area covering the land hereinafter described to give 
reasonably effective control of operations therein; and
    WHEREAS, it is the purpose of the parties hereto to conserve natural 
resources, prevent waste, and secure other benefits obtainable through 
development and operation of the area subject to this agreement under 
the terms, conditions, and limitations herein set forth;
    NOW, THEREFORE, in consideration of the premises and the promises 
herein contained, the parties hereto commit to this agreement their 
respective interests in the below-defined unit area, and agree severally 
among themselves as follows:
    1. ENABLING ACT AND REGULATIONS. The Mineral Leasing Act of February 
25, 1920, as amended, supra, and all valid pertinent regulations 
including operating and unit plan regulations, heretofore issued 
thereunder or valid, pertinent, and reasonable regulations hereafter 
issued thereunder are accepted and made a part of this agreement as to 
Federal lands, provided such regulations are not inconsistent with the 
terms of this agreement; and as to non-Federal lands, the oil and gas 
operating regulations in effect as of the effective date hereof 
governing drilling and producing operations, not inconsistent with the 
terms hereof or the laws of the State in which the non-Federal land is 
located, are hereby accepted and made a part of this agreement.
    2. UNIT AREA. The area specified on the map attached hereto marked 
Exhibit A is hereby designated and recognized as constituting the unit 
area, containing ------ acres, more or less.
    Exhibit A shows, in addition to the boundary of the unit area, the 
boundaries and identity of tracts and leases in said area to the extent 
known to the Unit Operator. Exhibit B attached hereto is a schedule 
showing to the extent known to the Unit Operator, the acreage, 
percentage, and kind of ownership of oil and gas interests in all lands 
in the unit area. However, nothing herein or in Exhibits A or B shall be 
construed as a representation by any party hereto as to the ownership of 
any interest other than such interest or interests as are shown in the 
Exhibits as owned by such party. Exhibits A and B shall be revised by 
the Unit Operator whenever changes in the unit area or in the ownership 
interests in the individual tracts render such revision necessary, or 
when requested by the Authorized Officer, hereinafter referred to as AO 
and not less than four copies of the revised Exhibits shall be filed 
with the proper BLM office.
    The above-described unit area shall when practicable be expanded to 
include therein

[[Page 448]]

any additional lands or shall be contracted to exclude lands whenever 
such expansion or contraction is deemed to be necessary or advisable to 
conform with the purposes of this agreement. Such expansion or 
contraction shall be effected in the following manner:
    (a) Unit Operator, on its own motion (after preliminary concurrence 
by the AO), or on demand of the AO, shall prepare a notice of proposed 
expansion or contraction describing the contemplated changes in the 
boundaries of the unit area, the reasons therefor, any plans for 
additional drilling, and the proposed effective date of the expansion or 
contraction, preferably the first day of a month subsequent to the date 
of notice.
    (b) Said notice shall be delivered to the proper BLM office, and 
copies thereof mailed to the last known address of each working interest 
owner, lessee and lessor whose interests are affected, advising that 30 
days will be allowed for submission to the Unit Operator of any 
objections.
    (c) Upon expiration of the 30-day period provided in the preceding 
item (b) hereof, Unit Operator shall file with the AO evidence of 
mailing of the notice of expansion or contraction and a copy of any 
objections thereto which have been filed with Unit Operator, together 
with an application in triplicate, for approval of such expansion or 
contraction and with appropriate joinders.
    (d) After due consideration of all pertinent information, the 
expansion or contraction shall, upon approval by the AO, become 
effective as of the date prescribed in the notice thereof or such other 
appropriate date.
    (e) All legal subdivisions of lands (i.e., 40 acres by Government 
survey or its nearest lot or tract equivalent; in instances of irregular 
surveys, unusually large lots or tracts shall be considered in multiples 
of 40 acres or the nearest aliquot equivalent thereof), no parts of 
which are in or entitled to be in a participating area on or before the 
fifth anniversary of the effective date of the first initial 
participating area established under this unit agreement, shall be 
eliminated automatically from this agreement, effective as of said fifth 
anniversary, and such lands shall no longer be a part of the unit area 
and shall no longer be subject to this agreement, unless diligent 
drilling operations are in progress on unitized lands not entitled to 
participation on said fifth anniversary, in which event all such lands 
shall remain subject hereto for so long as such drilling operations are 
continued diligently, with not more than 90-days time elapsing between 
the completion of one such well and the commencement of the next such 
well. All legal subdivisions of lands not entitled to be in a 
participating area within 10 years after the effective date of the first 
initial participating area approved under this agreement shall be 
automatically eliminated from this agreement as of said tenth 
anniversary. The Unit Operator shall, within 90 days after the effective 
date of any elimination hereunder, describe the area so eliminated to 
the satisfaction of the AO and promptly notify all parties in interest. 
All lands reasonably proved productive of unitized substances in paying 
quantities by diligent drilling operations after the aforesaid 5-year 
period shall become participating in the same manner as during said 
first 5-year period. However, when such diligent drilling operations 
cease, all nonparticipating lands not then entitled to be in a 
participating area shall be automatically eliminated effective as the 
91st day thereafter.
    Any expansion of the unit area pursuant to this section which 
embraces lands theretofore eliminated pursuant to this subsection 2(e) 
shall not be considered automatic commitment or recommitment of such 
lands. If conditions warrant extension of the 10-year period specified 
in this subsection, a single extension of not to exceed 2 years may be 
accomplished by consent of the owners of 90 percent of the working 
interest in the current nonparticipating unitized lands and the owners 
of 60 percent of the basic royalty interests (exclusive of the basic 
royalty interests of the United States) in nonparticipating unitized 
lands with approval of the AO, provided such extension application is 
submitted not later than 60 days prior to the expiration of said 10-year 
period.
    3. UNITIZED LAND AND UNITIZED SUBSTANCES. All land now or hereafter 
committed to this agreement shall constitute land referred to herein as 
``unitized land'' or ``land subject to this agreement.'' All oil and gas 
in any and all formations of the unitized land are unitized under the 
terms of this agreement and herein are called ``unitized substances.''
    4. UNIT OPERATOR. ---------- is hereby designated as Unit Operator 
and by signature hereto as Unit Operator agrees and consents to accept 
the duties and obligations of Unit Operator for the discovery, 
development, and production of unitized substances as herein provided. 
Whenever reference is made herein to the Unit Operator, such reference 
means the Unit Operator acting in that capacity and not as an owner of 
interest in unitized substances, and the term ``working interest owner'' 
when used herein shall include or refer to Unit Operator as the owner of 
a working interest only when such an interest is owned by it.
    5. RESIGNATION OR REMOVAL OF UNIT OPERATOR. Unit Operator shall have 
the right to resign at any time prior to the establishment of a 
participating area or areas hereunder, but such resignation shall not 
become effective so as to release Unit Operator from the duties and 
obligations of Unit Operator and terminate Unit Operator's rights as 
such for a period of 6 months after notice of intention to resign has 
been served by Unit

[[Page 449]]

Operator on all working interest owners and the AO and until all wells 
then drilled hereunder are placed in a satisfactory condition for 
suspension or abandonment, whichever is required by the AO, unless a new 
Unit Operator shall have been selected and approved and shall have taken 
over and assumed the duties and obligations of Unit Operator prior to 
the expiration of said period.
    Unit Operator shall have the right to resign in like manner and 
subject to like limitations as above provided at any time after a 
participating area established hereunder is in existence, but in all 
instances of resignation or removal, until a successor Unit Operator is 
selected and approved as hereinafter provided, the working interest 
owners shall be jointly responsible for performance of the duties of 
Unit Operator, and shall not later than 30 days before such resignation 
or removal becomes effective appoint a common agent to represent them in 
any action to be taken hereunder.
    The resignation of Unit Operator shall not release Unit Operator 
from any liability for any default by it hereunder occurring prior to 
the effective date of its resignation.
    The Unit Operator may, upon default or failure in the performance of 
its duties or obligations hereunder, be subject to removal by the same 
percentage vote of the owners of working interests as herein provided 
for the selection of a new Unit Operator. Such removal shall be 
effective upon notice thereof to the AO.
    The resignation or removal of Unit Operator under this agreement 
shall not terminate its right, title, or interest as the owner of 
working interest or other interest in unitized substances, but upon the 
resignation or removal of Unit Operator becoming effective, such Unit 
Operator shall deliver possession of all wells, equipment, materials, 
and appurtenances used in conducting the unit operations to the new duly 
qualified successor Unit Operator or to the common agent, if no such new 
Unit Operator is selected to be used for the purpose of conducting unit 
operations hereunder. Nothing herein shall be construed as authorizing 
removal of any material, equipment, or appurtenances needed for the 
preservation of any wells.
    6. SUCCESSOR UNIT OPERATOR. Whenever the Unit Operator shall tender 
his or its resignation as Unit Operator or shall be removed as 
hereinabove provided, or a change of Unit Operator is negotiated by the 
working interest owners, the owners of the working interests according 
to their respective acreage interests in all unitized land shall, 
pursuant to the Approval of the Parties requirements of the unit 
operating agreement, select a successor Unit Operator. Such selection 
shall not become effective until:
    (a) a Unit Operator so selected shall accept in writing the duties 
and responsibilities of Unit Operator, and
    (b) the selection shall have been approved by the AO.
    If no successor Unit Operator is selected and qualified as herein 
provided, the AO at his election may declare this unit agreement 
terminated.
    7. ACCOUNTING PROVISIONS AND UNIT OPERATING AGREEMENT. If the Unit 
Operator is not the sole owner of working interests, costs and expenses 
incurred by Unit Operator in conducting unit operations hereunder shall 
be paid and apportioned among and borne by the owners of working 
interests, all in accordance with the agreement or agreements entered 
into by and between the Unit Operator and the owners of working 
interests, whether one or more, separately or collectively. Any 
agreement or agreements entered into between the working interest owners 
and the Unit Operator as provided in this section, whether one or more, 
are herein referred to as the ``unit operating agreement.'' Such unit 
operating agreement shall also provide the manner in which the working 
interest owners shall be entitled to receive their respective 
proportionate and allocated share of the benefits accruing hereto in 
conformity with their underlying operating agreements, leases, or other 
independent contracts, and such other rights and obligations as between 
Unit Operator and the working interest owners as may be agreed upon by 
Unit Operator and the working interest owners; however, no such unit 
operating agreement shall be deemed either to modify any of the terms 
and conditions of this unit agreement or to relieve the Unit Operator of 
any right or obligation established under this unit agreement, and in 
case of any inconsistency or conflict between this agreement and the 
unit operating agreement, this agreement shall govern. Two copies of any 
unit operating agreement executed pursuant to this section shall be 
filed in the proper BLM office prior to approval of this unit agreement.
    8. RIGHTS AND OBLIGATIONS OF UNIT OPERATOR. Except as otherwise 
specifically provided herein, the exclusive right, privilege, and duty 
of exercising any and all rights of the parties hereto which are 
necessary or convenient for prospecting for, producing, storing, 
allocating, and distributing the unitized substances are hereby 
delegated to and shall be exercised by the Unit Operator as herein 
provided. Acceptable evidence of title to said rights shall be deposited 
with Unit Operator and, together with this agreement, shall constitute 
and define the rights, privileges, and obligations of Unit Operator. 
Nothing herein, however, shall be construed to transfer title to any 
land or to any lease or operating agreement, it being understood that 
under this agreement the Unit Operator, in its capacity as Unit 
Operator, shall exercise the rights of possession and use

[[Page 450]]

vested in the parties hereto only for the purposes herein specified.
    9. DRILLING TO DISCOVERY. Within 6 months after the effective date 
hereof, the Unit Operator shall commence to drill an adequate test well 
at a location approved by the AO, unless on such effective date a well 
is being drilled in conformity with the terms hereof, and thereafter 
continue such drilling diligently until the ------ formation has been 
tested or until at a lesser depth unitized substances shall be 
discovered which can be produced in paying quantities (to wit: 
quantities sufficient to repay the costs of drilling, completing, and 
producing operations, with a reasonable profit) or the Unit Operator 
shall at any time establish to the satisfaction of the AO that further 
drilling of said well would be unwarranted or impracticable, provided, 
however, that Unit Operator shall not in any event be required to drill 
said well to a depth in excess of ---- feet. Until the discovery of 
unitized substances capable of being produced in paying quantities, the 
Unit Operator shall continue drilling one well at a time, allowing not 
more than 6 months between the completion of one well and the 
commencement of drilling operations for the next well, until a well 
capable of producing unitized substances in paying quantities is 
completed to the satisfaction of the AO or until it is reasonably proved 
that the unitized land is incapable of producing unitized substances in 
paying quantities in the formations drilled hereunder. Nothing in this 
section shall be deemed to limit the right of the Unit Operator to 
resign as provided in Section 5, hereof, or as requiring Unit Operator 
to commence or continue any drilling during the period pending such 
resignation becoming effective in order to comply with the requirements 
of this section.
    The AO may modify any of the drilling requirements of this section 
by granting reasonable extensions of time when, in his opinion, such 
action is warranted.
    \2\ 9a. Multiple well requirements. Notwithstanding anything in this 
unit agreement to the contrary, except Section 25, UNAVOIDABLE DELAY, --
-- wells shall be drilled with not more than 6-months time elapsing 
between the completion of the first well and commencement of drilling 
operations for the second well and with not more than 6-months time 
elapsing between completion of the second well and the commencement of 
drilling operations for the third well, . . . regardless of whether a 
discovery has been made in any well drilled under this provision. Both 
the initial well and the second well must be drilled in compliance with 
the above specified formation or depth requirements in order to meet the 
dictates of this section; and the second well must be located a minimum 
of ---- miles from the initial well in order to be accepted by the AO as 
the second unit test well, within the meaning of this section. The third 
test well shall be diligently drilled, at a location approved by the AO, 
to test the ------ formation or to a depth of ---- feet, whichever is 
the lesser, and must be located a minimum of ---- miles from both the 
initial and the second test wells. Nevertheless, in the event of the 
discovery of unitized substances in paying quantities by any well, this 
unit agreement shall not terminate for failure to complete the ------ 
well program, but the unit area shall be contracted automatically, 
effective the first day of the month following the default, to eliminate 
by subdivisions (as defined in Section 2(e) hereof) all lands not then 
entitled to be in a participating area. \2\

    \2\ Provisions to be included only when a multiple well obligation 
is required.

    Until the establishment of a participating area, the failure to 
commence a well subsequent to the drilling of the initial obligation 
well, or in the case of multiple well requirements, if specified, 
subsequent to the drilling of those multiple wells, as provided for in 
this (these) section(s), within the time allowed including any extension 
of time granted by the AO, shall cause this agreement to terminate 
automatically. Upon failure to continue drilling diligently any well 
other than the obligation well(s) commenced hereunder, the AO may, after 
15 days notice to the Unit Operator, declare this unit agreement 
terminated. Failure to commence drilling the initial obligation well, or 
the first of multiple obligation wells, on time and to drill it 
diligently shall result in the unit agreement approval being declared 
invalid ab initio by the AO. In the case of multiple well requirements, 
failure to commence drilling the required multiple wells beyond the 
first well, and to drill them diligently, may result in the unit 
agreement approval being declared invalid ab initio by the AO;
    10. PLAN OF FURTHER DEVELOPMENT AND OPERATION. Within 6 months after 
completion of a well capable of producing unitized substances in paying 
quantities, the Unit Operator shall submit for the approval of the AO an 
acceptable plan of development and operation for the unitized land 
which, when approved by the authorized officier, shall constitute the 
further drilling and development obligations of the Unit Operator under 
this agreement for the period specified therein. Thereafter, from time 
to time before the expiration of any existing plan, the Unit Operator 
shall submit for the approval of the AO a plan for an additional 
specified period for the development and operation of the unitized land. 
Subsequent plans should normally be filed on a calender year basis not 
later than March 1 each year. Any proposed modification or addition to 
the existing plan should be filed as a supplement to the plan.

[[Page 451]]

    Any plan submitted pursuant to this section shall provide for the 
timely exploration of the unitized area, and for the diligent drilling 
necessary for determination of the area or areas capable of producing 
unitized substances in paying quantities in each and every productive 
formation. This plan shall be as complete and adequate as the AO may 
determine to be necessary for timely development and proper conservation 
of the oil and gas resources in the unitized area and shall:
    (a) Specify the number and locations of any wells to be drilled and 
the proposed order and time for such drilling; and
    (b) Provide a summary of operations and production for the previous 
year.
    Plans shall be modified or supplemented when necessary to meet 
changed conditions or to protect the interests of all parties to this 
agreement. Reasonable diligence shall be exercised in complying with the 
obligations of the approved plan of development and operation. The AO is 
authorized to grant a reasonable extension of the 6-month period herein 
prescribed for submission of an initial plan of development and 
operation where such action is justified because of unusual conditions 
or circumstances.
    After completion of a well capable of producing unitized substances 
in paying quantities, no further wells, except such as may be necessary 
to afford protection against operations not under this agreement and 
such as may be specifically approved by the AO, shall be drilled except 
in accordance with an approved plan of development and operation.
    11. PARTICIPATION AFTER DISCOVERY. Upon completion of a well capable 
of producing unitized substances in paying quantities, or as soon 
thereafter as required by the AO, the Unit Operator shall submit for 
approval by the AO, a schedule, based on subdivisions of the public-land 
survey or aliquot parts thereof, of all land then regarded as reasonably 
proved to be productive of unitized substances in paying quantities. 
These lands shall constitute a participating area on approval of the AO, 
effective as of the date of completion of such well or the effective 
date of this unit agreement, whichever is later. The acreages of both 
Federal and non-Federal lands shall be based upon appropriate 
computations from the courses and distances shown on the last approved 
public-land survey as of the effective date of each initial 
participating area. The schedule shall also set forth the percentage of 
unitized substances to be allocated, as provided in Section 12, to each 
committed tract in the participating area so established, and shall 
govern the allocation of production commencing with the effective date 
of the participating area. A different participating area shall be 
established for each separate pool or deposit of unitized substances or 
for any group thereof which is produced as a single pool or zone, and 
any two or more participating areas so established may be combined into 
one, on approval of the AO. When production from two or more 
participating areas is subsequently found to be from a common pool or 
deposit, the participating areas shall be combined into one, effective 
as of such appropriate date as may be approved or prescribed by the AO. 
The participating area or areas so established shall be revised from 
time to time, subject to the approval of the AO, to include additional 
lands then regarded as reasonably proved to be productive of unitized 
substances in paying quantities or which are necessary for unit 
operations, or to exclude lands then regarded as reasonably proved not 
to be productive of unitized substances in paying quantities, and the 
schedule of allocation percentages shall be revised accordingly. The 
effective date of any revision shall be the first of the month in which 
the knowledge or information is obtained on which such revision is 
predicated; provided, however, that a more appropriate effective date 
may be used if justified by Unit Operator and approved by the AO. No 
land shall be excluded from a participating area on account of depletion 
of its unitized substances, except that any participating area 
established under the provisions of this unit agreement shall terminate 
automatically whenever all completions in the formation on which the 
participating area is based are abandoned.
    It is the intent of this section that a participating area shall 
represent the area known or reasonably proved to be productive of 
unitized substances in paying quantities or which are necessary for unit 
operations; but, regardless of any revision of the participating area, 
nothing herein contained shall be construed as requiring any retroactive 
adjustment for production obtained prior to the effective date of the 
revision of the participating area.
    In the absence of agreement at any time between the Unit Operator 
and the AO as to the proper definition or redefinition of a 
participating area, or until a participating area has, or areas have, 
been established, the portion of all payments affected thereby shall, 
except royalty due the United States, be impounded in a manner mutually 
acceptable to the owners of committed working interests. Royalties due 
the United States shall be determined by the AO and the amount thereof 
shall be deposited, as directed by the AO, until a participating area is 
finally approved and then adjusted in accordance with a determination of 
the sum due as Federal royalty on the basis of such approved 
participating area.
    Whenever it is determined, subject to the approval of the AO, that a 
well drilled under this agreement is not capable of production of 
unitized substances in paying quantities and inclusion in a 
participating area of the

[[Page 452]]

land on which it is situated is unwarranted, production from such well 
shall, for the purposes of settlement among all parties other than 
working interest owners, be allocated to the land on which the well is 
located, unless such land is already within the participating area 
established for the pool or deposit from which such production is 
obtained. Settlement for working interest benefits from such a nonpaying 
unit well shall be made as provided in the unit operating agreement.
    12. ALLOCATION OF PRODUCTION. All unitized substances produced from 
a participating area established under this agreement, except any part 
thereof used in conformity with good operating practices within the 
unitized area for drilling, operating, and other production or 
development purposes, or for repressuring or recycling in accordance 
with a plan of development and operations that has been approved by the 
AO, or unavoidably lost, shall be deemed to be produced equally on an 
acreage basis from the several tracts of unitized land and unleased 
Federal land, if any, included in the participating area established for 
such production. Each such tract shall have allocated to it such 
percentage of said production as the number of acres of such tract 
included in said participating area bears to the total acres of unitized 
land and unleased Federal land, if any, included in said participating 
area. There shall be allocated to the working interest owner(s) of each 
tract of unitized land in said participating area, in addition, such 
percentage of the production attributable to the unleased Federal land 
within the participating area as the number of acres of such unitized 
tract included in said participating area bears to the total acres of 
unitized land in said participating area, for the payment of the 
compensatory royalty specified in section 17 of this agreement. 
Allocation of production hereunder for purposes other than for 
settlement of the royalty, overriding royalty, or payment out of 
production obligations of the respective working interest owners, 
including compensatory royalty obligations under section 17, shall be 
prescribed as set forth in the unit operating agreement or as otherwise 
mutually agreed by the affected parties. It is hereby agreed that 
production of unitized substances from a participating area shall be 
allocated as provided herein, regardless or whether any wells are 
drilled on any particular part or tract of the participating area. If 
any gas produced from one participating area is used for repressuring or 
recycling purposes in another participating area, the first gas 
withdrawn from the latter participating area for sale during the life of 
this agreement shall be considered to be the gas so transferred, until 
an amount equal to that transferred shall be so produced for sale and 
such gas shall be allocated to the participating area from which 
initially produced as such area was defined at the time that such 
transferred gas was finally produced and sold.
    13. DEVELOPMENT OR OPERATION OF NONPARTICIPATING LAND OR FORMATIONS. 
Any operator may with the approval of the AO, at such party's sole risk, 
costs, and expense, drill a well on the unitized land to test any 
formation provided the well is outside any participating area 
established for that formation, unless within 90 days of receipt of 
notice from said party of his intention to drill the well, the Unit 
Operator elects and commences to drill the well in a like manner as 
other wells are drilled by the Unit Operator under this agreement.
    If any well drilled under this section by a non-unit operator 
results in production of unitized substances in paying quantities such 
that the land upon which it is situated may properly be included in a 
participating area, such participating area shall be established or 
enlarged as provided in this agreement and the well shall thereafter be 
operated by the Unit Operator in accordance with the terms of this 
agreement and the unit operating agreement.
    If any well drilled under this section by a non-unit operator that 
obtains production in quantities insufficient to justify the inclusion 
of the land upon which such well is situated in a participating area, 
such well may be operated and produced by the party drilling the same, 
subject to the conservation requirements of this agreement. The 
royalties in amount or value of production from any such well shall be 
paid as specified in the underlying lease and agreements affected.
    14. ROYALTY SETTLEMENT. The United States and any State and any 
royalty owner who is entitled to take in kind a share of the substances 
now unitized hereunder shall be hereafter be entitled to the right to 
take in kind its share of the unitized substances, and Unit Operator, or 
the non-unit operator in the case of the operation of a well by a non-
unit operator as herein provided for in special cases, shall make 
deliveries of such royalty share taken in kind in conformity with the 
applicable contracts, laws, and regulations. Settlement for royalty 
interest not taken in kind shall be made by an operator responsible 
therefor under existing contracts, laws and regulations, or by the Unit 
Operator on or before the last day of each month for unitized substances 
produced during the preceding calendar month; provided, however, that 
nothing in this section shall operate to relieve the responsible parties 
of any land from their respective lease obligations for the payment of 
any royalties due under their leases.

[[Page 453]]

    If gas obtained from lands not subject to this agreement is 
introduced into any participating area hereunder, for use in 
repressuring, stimulation of production, or increasing ultimate 
recovery, in conformity with a plan of development and operation 
approved by the AO, a like amount of gas, after settlement as herein 
provided for any gas transferred from any other participating area and 
with appropriate deduction for loss from any cause, may be withdrawn 
from the formation into which the gas is introduced, royalty free as to 
dry gas, but not as to any products which may be extracted therefrom; 
provided that such withdrawal shall be at such time as may be provided 
in the approved plan of development and operation or as may otherwise be 
consented to by the AO as conforming to good petroleum engineering 
practice; and provided further, that such right of withdrawal shall 
terminate on the termination of this unit agreement.
    Royalty due the United States shall be computed as provided in 30 
CFR Group 200 and paid in value or delivered in kind as to all unitized 
substances on the basis of the amounts thereof allocated to unitized 
Federal land as provided in Section 12 at the rates specified in the 
respective Federal leases, or at such other rate or rates as may be 
authorized by law or regulation and approved by the AO; provided, that 
for leases on which the royalty rate depends on the daily average 
production per well, said average production shall be determined in 
accordance with the operating regulations as though each participating 
area were a single consolidated lease.
    15. RENTAL SETTLEMENT. Rental or minimum royalties due on leases 
committed hereto shall be paid by the appropriate parties under existing 
contracts, laws, and regulations, provided that nothing herein contained 
shall operate to relieve the responsible parties of the land from their 
respective obligations for the payment of any rental or minimum royalty 
due under their leases. Rental or minimum royalty for lands of the 
United States subject to this agreement shall be paid at the rate 
specified in the respective leases from the United States unless such 
rental or minimum royalty is waived, suspended, or reduced by law or by 
approval of the Secretary or his duly authorized representative.
    With respect to any lease on non-Federal land containing provisions 
which would terminate such lease unless drilling operations are 
commenced upon the land covered thereby within the time therein 
specified or rentals are paid for the privilege of deferring such 
drilling operations, the rentals required thereby shall, notwithstanding 
any other provision of this agreement, be deemed to accure and become 
payable during the term thereof as extended by this agreement and until 
the required drilling operations are commenced upon the land covered 
thereby, or until some portion of such land is included within a 
participating area.
    16. CONSERVATION. Operations hereunder and production of unitized 
substances shall be conducted to provide for the most economical and 
efficient recovery of said substances without waste, as defined by or 
pursuant to State or Federal law or regulation.
    17. DRAINAGE. (a) The Unit Operator shall take such measures as the 
AO deems appropriate and adequate to prevent drainage of unitized 
substances from unitized land by wells on land not subject to this 
agreement, which shall include the drilling of protective wells and 
which may include the payment of a fair and reasonable compensatory 
royalty, as determined by the AO.
    (b) Whenever a participating area approved under section 11 of this 
agreement contains unleased Federal lands, the value of 12\1/2\ percent 
of the production that would be allocated to such Federal lands under 
section 12 of this agreement, if such lands were leased, committed, and 
entitled to participation, shall be payable as compensatory royalties to 
the Federal Government. Parties to this agreement holding working 
interests in committed leases within the applicable participating area 
shall be responsible for such compensatory royalty payment on the volume 
of production reallocated from the unleased Federal lands to their 
unitized tracts under section 12. The value of such production subject 
to the payment of said royalties shall be determined pursuant to 30 CFR 
part 206. Payment of compensatory royalties on the production 
reallocated from unleased Federal land to the committed tracts within 
the participating area shall fulfill the Federal royalty obligation for 
such production, and said production shall be subject to no further 
royalty assessment under section 14 of this agreement. Payment of 
compensatory royalties as provided herein shall accrue from the date the 
committed tracts in the participating area that includes unleased 
Federal lands receive a production allocation, and shall be due and 
payable monthly by the last day of the calendar month next following the 
calendar month of actual production. If leased Federal lands receiving a 
production allocation from the participating area become unleased, 
compensatory royalties shall accrue from the date the Federal lands 
become unleased. Payment due under this provision shall end when the 
unleased Federal tract is leased or when production of unitized 
substances ceases within the participating area and the participating 
area is terminated, whichever occurs first.
    18. LEASES AND CONTRACTS CONFORMED AND EXTENDED. The terms, 
conditions, and provisions of all leases, subleases, and other contracts 
relating to exploration, drilling, development or operation for oil or 
gas on lands committed to this

[[Page 454]]

agreement are hereby expressly modified and amended to the extent 
necessary to make the same conform to the provisions hereof, but 
otherwise to remain in full force and effect; and the parties hereto 
hereby consent that the Secretary shall and by his approval hereof, or 
by the approval hereof by his duly authorized representative, does 
hereby establish, alter, change, or revoke the drilling, producing, 
rental, minimum royalty, and royalty requirements of Federal leases 
committed hereto and the regulations in respect thereto to conform said 
requirements to the provisions of this agreement, and, without limiting 
the generality of the foregoing, all leases, subleases, and contracts 
are particularly modified in accordance with the following:
    (a) The development and operation of lands subject to this agreement 
under the terms hereof shall be deemed full performance of all 
obligations for development and operation with respect to each and every 
separately owned tract subject to this agreement, regardless of whether 
there is any development of any particular tract of this unit area.
    (b) Drilling and producing operations performed hereunder upon any 
tract of unitized lands will be accepted and deemed to be performed upon 
and for the benefit of each and every tract of unitized land, and no 
lease shall be deemed to expire by reason of failure to drill or produce 
wells situated on the land therein embraced.
    (c) Suspension of drilling or producing operations on all unitized 
lands pursuant to direction or consent of the AO shall be deemed to 
constitute such suspension pursuant to such direction or consent as to 
each and every tract of unitized land. A suspension of drilling or 
producing operations limited to specified lands shall be applicable only 
to such lands.
    (d) Each lease, sublease, or contract relating to the exploration, 
drilling, development, or operation for oil or gas of lands other than 
those of the United States committed to this agreement which, by its 
terms might expire prior to the termination of this agreement, is hereby 
extended beyond any such term so provided therein so that it shall be 
continued in full force and effect for and during the term of this 
agreement.
    (e) Any Federal lease committed hereto shall continue in force 
beyond the term so provided therein or by law as to the land committed 
so long as such lease remains subject hereto, provided that production 
of unitized substances in paying quantities is established under this 
unit agreement prior to the expiration date of the term of such lease, 
or in the event actual drilling operations are commenced on unitized 
land, in accordance with provisions of this agreement, prior to the end 
of the primary term of such lease and are being diligently prosecuted at 
that time, such lease shall be extended for 2 years, and so long 
thereafter as oil or gas is produced in paying quantities in accordance 
with the provisions of the Mineral Leasing Act, as amended.
    (f) Each sublease or contract relating to the operation and 
development of unitized substances from lands of the United States 
committed to this agreement, which by its terms would expire prior to 
the time at which the underlying lease, as extended by the immediately 
preceding paragraph, will expire is hereby extended beyond any such term 
so provided therein so that it shall be continued in full force and 
effect for and during the term of the underlying lease as such term is 
herein extended.
    (g) The segregation of any Federal lease committed to this agreement 
is governed by the following provision in the fourth paragraph of sec. 
17(m) of the Mineral Leasing Act, as amended by the Act of September 2, 
1960 (74 Stat. 781-784) (30 U.S.C. 226(m)):
    ``Any [Federal] lease heretofore or hereafter committed to any such 
[unit] plan embracing lands that are in part within and in part outside 
of the area covered by any such plan shall be segregated into separate 
leases as to the lands committed and the lands not committed as of the 
effective date of unitization: Provided, however, That any such lease as 
to the nonunitized portion shall continue in force and effect for the 
term thereof but for not less than two years from the date of such 
segregation and so long thereafter as oil or gas is produced in paying 
quantities.''

If the public interest requirement is not satisfied, the segregation of 
a lease and/or extension of a lease pursuant to 43 CFR 3107.3-2 and 43 
CFR 3107.4, respectively, shall not be effective.
    \3\ (h) Any lease, other than a Federal lease, having only a portion 
of its lands committed hereto shall be segregated as to the portion 
committed and the portion not committed, and the provisions of such 
lease shall apply separately to such segregated portions commencing as 
of the effective date hereof. In the event any such lease provides for a 
lump-sum rental payment, such payment shall be prorated between the 
portions so segregated in proportion to the acreage of the respective 
tracts.

    \3\ Optional paragraph to be used only when applicable.

    19. CONVENANTS RUN WITH LAND. The covenants herein shall be 
construed to be covenants running with the land with respect to the 
interests of the parties hereto and their successors in interest until 
this agreement terminates, and any grant, transfer or conveyance of 
interest in land or leases subject hereto shall be and hereby is 
conditioned upon the assumption of all privileges and obligations 
hereunder by the

[[Page 455]]

grantee, transferee, or other successor in interest. No assignment or 
transfer of any working interest, royalty, or other interest subject 
hereto shall be binding upon Unit Operator until the first day of the 
calendar month after Unit Operator is furnished with the original, 
photostatic, or certified copy of the instrument of transfer.
    20. EFFECTIVE DATE AND TERM. This agreement shall become effective 
upon approval by the AO and shall automatically terminate 5 years from 
said effective date unless:
    (a) Upon application by the Unit Operator such date of expiration is 
extended by the AO, or
    (b) It is reasonably determined prior to the expiration of the fixed 
term or any extension thereof that the unitized land is incapable of 
production of unitized substances in paying quantities in the formations 
tested hereunder, and after notice of intention to terminate this 
agreement on such ground is given by the Unit Operator to all parties in 
interest at their last known addresses, this agreement is terminated 
with the approval of the AO, or
    (c) A valuable discovery of unitized substances in paying quantities 
has been made or accepted on unitized land during said initial term or 
any extension thereof, in which event this agreement shall remain in 
effect for such term and so long thereafter as unitized substances can 
be produced in quantities sufficient to pay for the cost of producing 
same from wells on unitized land within any participating area 
established hereunder. Should production cease and diligent drilling or 
reworking operations to restore production or new production are not in 
progress within 60 days and production is not restored or should new 
production not be obtained in paying quantities on committed lands 
within this unit area, this agreement will automatically terminate 
effective the last day of the month in which the last unitized 
production occurred, or
    (d) It is voluntarily terminated as provided in this agreement. 
Except as noted herein, this agreement may be terminated at any time 
prior to the discovery of unitized substances which can be produced in 
paying quantities by not less than 75 per centum, on an acreage basis, 
of the working interest owners signatory hereto, with the approval of 
the AO. The Unit Operator shall give notice of any such approval to all 
parties herto. If the public interest requirement is not satisfied, the 
approval of this unit by the AO shall be invalid.
    21. RATE OF PROSPECTING, DEVELOPMENT, AND PRODUCTION. The AO is 
hereby vested with authority to alter or modify from time to time, in 
his discretion, the quantity and rate of production under this agreement 
when such quantity and rate are not fixed pursuant to Federal or State 
law, or do not conform to any Statewide voluntary conservation or 
allocation program which is established, recognized, and generally 
adhered to by the majority of operators in such State. The above 
authority is hereby limited to alteration or modifications which are in 
the public interest. The public interest to be served and the purpose 
thereof, must be stated in the order of alteration or modification. 
Without regard to the foregoing, the AO is also hereby vested with 
authority to alter or modify from time to time, in his discretion, the 
rate of prospecting and development and the quantity and rate of 
production under this agreement when such alteration or modification is 
in the interest of attaining the conservation objectives stated in this 
agreement and is not in violation of any applicable Federal or State 
law.
    Powers is the section vested in the AO shall only be exercised after 
notice to Unit Operator and opportunity for hearing to be held not less 
than 15 days from notice.
    22. APPEARANCES. The Unit Operator shall, after notice to other 
parties affected, have the right to appear for and on behalf of any and 
all interests affected hereby before the Department of the Interior and 
to appeal from orders issued under the regulations of said Department, 
or to apply for relief from any of said regulations, or in any 
proceedings relative to operations before the Department, or any other 
legally constituted authority; provided, however, that any other 
interested party shall also have the right at its own expense to be 
heard in any such proceeding.
    23. NOTICES. All notices, demands, or statements required hereunder 
to be given or rendered to the parties hereto shall be in writing and 
shall be personally delivered to the party or parties, or sent by 
postpaid registered or certified mail, to the last-known address of the 
party or parties.
    24. NO WAIVER OF CERTAIN RIGHTS. Nothing contained in this agreement 
shall be construed as a waiver by any party hereto of the right to 
assert any legal or constitutional right or defense as to the validity 
or invalidity of any law of the State where the unitized lands are 
located, or of the United States, or regulations issued thereunder in 
any way affecting such party, or as a waiver by any such party of any 
right beyond his or its authority to waive.
    25. UNAVOIDABLE DELAY. All obligations under this agreement 
requiring the Unit Operator to commence or continue drilling, or to 
operate on, or produce unitized substances from any of the lands covered 
by this agreement, shall be suspended while the Unit Operator, despite 
the exercise of due care and diligence, is prevented from complying with 
such obligations, in whole or in part, by strikes, acts of God, Federal, 
State, or municipal law or agencies, unavoidable

[[Page 456]]

accidents, uncontrollable delays in transportation, inability to obtain 
necessary materials or equipment in the open market, or other matters 
beyond the reasonable control of the Unit Operator, whether similar to 
matters herein enumerated or not.
    26. NONDISCRIMINATION. In connection with the performance of work 
under this agreement, the Unit Operator agrees to comply with all the 
provisions of section 202 (1) to (7) inclusive, of Executive Order 11246 
(30 FR 12319), as amended, which are hereby incorporated by reference in 
this agreement.
    27. LOSS OF TITLE. In the event title to any tract of unitized land 
shall fail and the true owner cannot be induced to join in this unit 
agreement, such tract shall be automatically regarded as not committed 
hereto, and there shall be such readjustment of future costs and 
benefits as may be required on account of the loss of such title. In the 
event of a dispute as to title to any royalty, working interest, or 
other interests subject thereto, payment or delivery on account thereof 
may be withheld without liability for interest until the dispute is 
finally settled; provided, that, as to Federal lands or leases, no 
payments of funds due the United States shall be withheld, but such 
funds shall be deposited as directed by the AO, to be held as unearned 
money pending final settlement of the title dispute, and then applied as 
earned or returned in accordance with such final settlement.
    Unit Operator as such is relieved from any responsibility for any 
defect or failure of any title hereunder.
    28. NONJOINDER AND SUBSEQUENT JOINDER. If the owner of any 
substantial interest in a tract within the unit area fails or refuses to 
subscribe or consent to this agreement, the owner of the working 
interest in that tract may withdraw the tract from this agreement by 
written notice delivered to the proper BLM office and the Unit Operator 
prior to the approval of this agreement by the AO. Any oil or gas 
interests in lands within the unit area not committed hereto prior to 
final approval may thereafter be committed hereto by the owner or owners 
thereof subscribing or consenting to this agreement, and, if the 
interest is a working interest, by the owner of such interest also 
subscribing to the unit operating agreement. After operations are 
commenced hereunder, the right of subsequent joinder, as provided in 
this section, by a working interest owner is subject to such 
requirements or approval(s), if any, pertaining to such joinder, as may 
be provided for in the unit operating agreement. After final approval 
hereof, joinder by a nonworking interest owner must be consented to in 
writing by the working interest owner committed hereto and responsible 
for the payment of any benefits that may accrue hereunder in behalf of 
such nonworking interest. A nonworking interest may not be committed to 
this unit agreement unless the corresponding working interest is 
committed hereto. Joinder to the unit agreement by a working interest 
owner, at any time, must be accompanied by appropriate joinder to the 
unit operating agreement, in order for the interest to be regarded as 
committed to this agreement. Except as may otherwise herein be provided, 
subsequent joinders to this agreement shall be effective as of the date 
of the filing with the AO of duly executed counterparts of all or any 
papers necessary to establish effective commitment of any interest and/
or tract to this agreement.
    29. COUNTERPARTS. This agreement may be executed in any number of 
counterparts, no one of which needs to be executed by all parties, or 
may be ratified or consented to by separate instrument in writing 
specifically referring hereto and shall be binding upon all those 
parties who have executed such a counterpart, ratification, or consent 
hereto with the same force and effect as if all such parties had signed 
the same document, and regardless of whether or not it is executed by 
all other parties owning or claiming an interest in the lands within the 
above-described unit area.
    \4\ 30. SURRENDER. Nothing in this agreement shall prohibit the 
exercise by any working interest owner of the right to surrender vested 
in such party by any lease, sublease, or operating agreement as to all 
or any part of the lands covered thereby, provided that each party who 
will or might acquire such working interest by such surrender or by 
forfeiture as hereafter set forth, is bound by the terms of this 
agreement.

    \4\ Optional sections and subsection. (Agreements submitted for 
final approval should not identify section or provision as 
``optional.'')

    If as a result of any such surrender, the working interest rights as 
to such lands become vested in any party other than the fee owner of the 
unitized substances, said party may forfeit such rights and further 
benefits from operations hereunder as to said land to the party next in 
the chain of title who shall be and become the owner of such working 
interest.
    If as the result of any such surrender or forfeiture working 
interest rights become vested in the fee owner of the unitized 
substances, such owner may:
    (a) Accept those working interest rights subject to this agreement 
and the unit operating agreement; or
    (b) Lease the portion of such land as is included in a participating 
area established hereunder subject to this agreement and the unit 
operating agreement; or

[[Page 457]]

    (c) Provide for the independent operation of any part of such land 
that is not then included within a participating area established 
hereunder.
    If the fee owner of the unitized substances does not accept the 
working interest rights subject to this agreement and the unit operating 
agreement or lease such lands as above provided within 6 months after 
the surrendered or forfeited, working interest rights become vested in 
the fee owner; the benefits and obligations of operations accruing to 
such lands under this agreement and the unit operating agreement shall 
be shared by the remaining owners of unitized working interests in 
accordance with their respective working interest ownerships, and such 
owners of working interests shall compensate the fee owner of unitized 
substances in such lands by paying sums equal to the rentals, minimum 
royalties, and royalties applicable to such lands under the lease in 
effect when the lands were unitized.
    An appropriate accounting and settlement shall be made for all 
benefits accruing to or payments and expenditures made or incurred on 
behalf of such surrendered or forfeited working interests subsequent to 
the date of surrender or forfeiture, and payment of any moneys found to 
be owing by such an accounting shall be made as between the parties 
within 30 days.
    The exercise of any right vested in a working interest owner to 
reassign such working interest to the party from whom obtained shall be 
subject to the same conditions as set forth in this section in regard to 
the exercise of a right to surrender.
    \4\ 31. TAXES. The working interest owners shall render and pay for 
their account and the account of the royalty owners all valid taxes on 
or measured by the unitized substances in and under or that may be 
produced, gathered and sold from the land covered by this agreement 
after its effective date, or upon the proceeds derived therefrom. The 
working interest owners on each tract shall and may charge the proper 
proportion of said taxes to royalty owners having interests in said-
tract, and may currently retain and deduct a sufficient amount of the 
unitized substances or derivative products, or net proceeds thereof, 
from the allocated share of each royalty owner to secure reimbursement 
for the taxes so paid. No such taxes shall be charged to the United 
States or the State of ---- or to any lessor who has a contract with his 
lessee which requires the lessee to pay such taxes.
    \4\ 32. NO PARTNERSHIP. It is expressly agreed that the relation of 
the parties hereto is that of independent contractors and nothing 
contained in this agreement, expressed or implied, nor any operations 
conducted hereunder, shall create or be deemed to have created a 
partnership or association between the parties hereto or any of them.
    IN WITNESS WHEREOF, the parties hereto have caused this agreement to 
be executed and have set opposite their respective names the date of 
execution.

 _______________________________________________________________________

Unit Operator

 _______________________________________________________________________

Working Interest Owners

 _______________________________________________________________________

Other Interest Owners

                           General Guidelines

    1. Executed agreement to be legally complete.
    2. Agreement submitted for approval must contain Exhibit A and B in 
accordance with models shown in Secs. 3186.1-1 and 3186.1-2 of this 
title.
    3. Consents should be identified (in pencil) by tract numbers as 
listed in Exhibit B and assembled in that order as far as practical. 
Unit agreements submitted for approval shall include a list of the 
overriding royalty interest owners who have executed ratifications of 
the unit agreement. Subsequent joinders by overriding royalty interest 
owners shall be submitted in the same manner, except each must include 
or be accompanied by a statement that the corresponding working interest 
owner has consented in writing to such joinder. Original ratifications 
of overriding royalty owners will be kept on file by the Unit Operator 
or his designated agent.
    4. All leases held by option should be noted on Exhibit B with an 
explanation as to the type of option, i.e., whether for operating rights 
only, for full leasehold record title, or for certain interests to be 
earned by performance. In all instances, optionee committing such 
interests is expected to exercise option promptly.
    5. All owners of oil and gas interests must be invited to join the 
unit agreement, and statement to that effect must accompany executed 
agreement, together with summary of results of such invitations. A 
written reason for all interest owners who have not joined shall be 
furnished by the unit operator.
    6. In the event fish and wildlife lands are included, add the 
following as a separate section:
    ``Wildlife Stipulation. Nothing in this unit agreement shall modify 
the special Federal lease stipulations applicable to lands under the 
jurisdiction of the United States Fish and Wildlife Service.''
    7. In the event National Forest System lands are included within the 
unit area, add the following as a separate section:
    ``Forest Land Stipulation. Notwithstanding any other terms and 
conditions contained in this agreement, all of the stipulations and 
conditions of the individual leases

[[Page 458]]

between the United States and its lessees or their successors or assigns 
embracing lands within the unit area included for the protection of 
lands or functions under the jurisdiction of the Secretary of 
Agriculture shall remain in full force and effect the same as though 
this agreement had not been entered into, and no modification thereof is 
authorized except with the prior consent in writing of the Regional 
Forester, United States Forest Service, ------,

 .''____________________________________________________________________

    8. In the event National Forest System lands within the Jackson Hole 
Area of Wyoming are included within the unit area, additional 
``special'' stipulations may be required to be included in the unit 
agreement by the U.S. Forest Service, including the Jackson Hole Special 
Stipulation.
    9. In the event reclamation lands are included, add the following as 
a new separate section:
    ``Reclamation Lands. Nothing in this agreement shall modify the 
special, Federal lease stipulations applicable to lands under the 
jurisdiction of the Bureau of Reclamation.''
    10. In the event a powersite is embraced in the proposed unit area, 
the following section should be added:
    ``Powersite. Nothing in this agreement shall modify the special, 
Federal lease stipulations applicable to lands under the jurisdiction of 
the Federal Energy Regulatory Commission.''
    11. In the event special surface stipulations have been attached to 
any of the Federal oil and gas leases to be included, add the following 
as a separate section:
    ``Special surface stipulations. Nothing in this agreement shall 
modify the special Federal lease stipulations attached to the individual 
Federal oil leases.''
    12. In the event State lands are included in the proposed unit area, 
add the appropriate State Lands Section as separate section.
(See Sec. 3181.4(a) of this title).
    13. In the event restricted Indian lands are involved, consult the 
AO regarding appropriate requirements under Sec. 3181.4(b) of this 
title.

                      Certification--Determination

    Pursuant to the authority vested in the Secretary of the Interior, 
under the Act approved February 25, 1920, 41 Stat. 437, as amended, 30 
U.S.C. sec. 181, et seq., and delegated to (the appropriate Name and 
Title of the authorized officer, BLM) under the authority of 43 CFR part 
3180, I do hereby:
    A. Approve the attached agreement for the development and operation 
of the ----, Unit Area, State of ------. This approval shall be invalid 
ab initio if the public interest requirement under Sec. 3183.4(b) of 
this title is not met.
    B. Certify and determine that the unit plan of development and 
operation contemplated in the attached agreement is necessary and 
advisable in the public interest for the purpose of more properly 
conserving the natural resources.
    C. Certify and determine that the drilling, producing, rental, 
minimum royalty, and royalty requirements of all Federal leases 
committed to said agreement are hereby established altered, changed, or 
revoked to conform with the terms and conditions of this agreement.
    Dated --------.

 _______________________________________________________________________

(Name and Title of authorized officer of the Bureau of Land Management)
[48 FR 26766, June 10, 1983. Redesignated and amended at 48 FR 36587, 
36588, Aug. 12, 1983; 53 FR 17365, May 16, 1988; 53 FR 31867, 31959, 
Aug. 22, 1988; 58 FR 58633, Nov. 2, 1993; 59 FR 16999, Apr. 11, 1994]



Sec. 3186.1-1  Model Exhibit ``A''

[[Page 459]]


[GRAPHIC] [TIFF OMITTED] TC01FE91.054


[[Page 460]]



                                        Sec.  3186.1-2  Model Exhibit B--Swan Unit Area, Campbell County, Wyoming                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Serial No. and                                                                                        
 Tract     Description of land       No. of     expiration date of     Basic royalty and     Lessee of record    Overriding royalty    Working interest 
  No.                                 acres            lease         ownership percentage                          and percentage       and percentage  
--------------------------------------------------------------------------------------------------------------------------------------------------------
        All in the area of T54N-                                                                                                                        
         R59W, 6th P.M..                                                                                                                                
        Federal Land                                                                                                                                    
1.....  Sec. 14: All.............    1,920.00  W-8470, 6-30-81.....  U.S.: All...........  T.J. Cook 100%.....  T.J. Cook 2%.......  Frost Oil Co. 100%.
        Sec. 15: All.............                                                                                                                       
        Sec. 23: All.............                                                                                                                       
2.....  Sec. 35: All.............      640.00  W-9123, 7-31-81.....  U.S.: All...........  O.M. Odom 100%.....  O.M. Odom 1%.......  Deer Oil Co. 100%. 
3.....  Sec. 21: All.............    1,280.00  W-41345, 6-30-85....  U.S.: All...........  Max Pen 50%........  Max Pen 1%.........  Frost Oil Co. 100%.
        Sec. 28: All.............  ..........  ....................  ....................  Sam Small 50%......  Sam Small 1%.......  ...................
4.....  Sec. 27: All.............    1,280.00  W-41679, 6-30-85....  U.S.: All...........  Al Preen 100%......  Al Preen 2%........  Deer Oil Co. 50%.  
  ....  .........................  ..........  ....................  ....................  ...................  ...................  Doe Oil Co.,30%    
  ....  .........................  ..........  ....................  ....................  ...................  ...................  Able Drilling Co.  
                                                                                                                                      20%.              
        Sec. 33: All.............  ..........  ....................  ....................  ...................  ...................  Deer Oil Co. 50%.  
  ....  .........................  ..........  ....................  ....................  ...................  ...................  Doe Oil Co., 30%   
  ....  .........................  ..........  ....................  ....................  ...................  ...................  Able Drilling Co.  
                                                                                                                                      20%.              
5.....  Sec. 26: All.............      961.50  W-52780,12-31-85....  U.S.: All...........  Deer Oil Co. 100%..  J.G. Goodin 2%.....  Deer Oil Co. 100%. 
        Sec. 25: Lots 3,4, SW\1/                                                                                                                        
         4\, W\1/2\SE\1/4\.                                                                                                                             
6.....  Sec. 24: Lots 1,2,3,4,W\1/     965.80  W-53970, 2-28-86....  U.S.: All...........  T.H. Holder 100%...  ...................  T.H. Holder 100%.  
         2\, W\1/2\E\1/2\ (All).                                                                                                                        
        Sec. 25: Lots 1,2,NW\1/                                                                                                                         
         4\, W\1/2\NE/4.                                                                                                                                
        6 Federal tracts                                                                                                                                
         totalling 7,047.30 acres                                                                                                                       
         or 68.76018% of unit                                                                                                                           
         area.                                                                                                                                          
        State Land                                                                                                                                      
7.....  Sec. 16: All.............    1,280.60  78620, 6-30-88......  State: All..........  Deer Oil Co. 100%..  T.T. Timo 2%.......  Deer Oil Co. 100%. 
        Sec. 36: Lots 1, 2, 3, 4,                                                                                                                       
         W\1/2\, W\1/2\E\1/2\                                                                                                                           
         (All).                                                                                                                                         
        1 State tract totalling                                                                                                                         
         1,280.60 acres or                                                                                                                              
         12.49476% of unit area..                                                                                                                       
        Patented Land                                                                                                                                   
8.....  Sec. 13: Lots 1, 2, 3, 4,      641.20  5-31-82.............  J.C. Smith: 100%....  Doe Oil Co. 100%...  ...................  Doe Oil Co. 100%.  
         W\1/2\, W\1/2\E\1/2\                                                                                                                           
         (All).                                                                                                                                         
9.....  Sec. 22: All.............      640.00  5-31-82.............  T.J. Cook: 100%.....  W.W. Smith 100%....  Sam Spade 1%.......  W.W. Smith 100%.   
10....  Sec. 34: All.............      640.00  6-30-82.............  A.A. Aben: 75%, L.P.  Deer Oil Co. 100%..  ...................  Deer Oil Co. 100%. 
                                                                      Carr: 25%.                                                                        
        3 Patented tracts                                                                                                                               
         totalling 1,921.20 acres                                                                                                                       
         or 18.74506% of unit                                                                                                                           
         area.                                                                                                                                          
  Total: 10 tracts 10,249.10 acres in entire unit area.                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, and amended at 51 FR 34604, Sept. 30, 1986]                                    
                                                                                                                                                        


[[Page 461]]



Sec. 3186.2  Model collective bond.

                    Collective Corporate Surety Bond

    Know all men by these presents. That we, ------ (Name of unit 
operator), signing as Principal, for and on behalf of the record owners 
of unitized substances now or hereafter covered by the unit agreement 
for the ------ (Name of unit), approved ------ (Date) ------ (Name and 
address of Surety), as Surety are jointly and severally held and firmly 
bound unto the United States of America in the sum of ------ (Amount of 
bond) Dollars, lawful money of the United States, for the use and 
benefit of and to be paid to the United States and any entryman or 
patentee of any portion of the unitized land here-to-fore entered or 
patented with the reservation of the oil or gas deposits to the United 
States, for which payment, well and truly to be made, we bind ourselves, 
and each of us, and each of our heirs, executors, administrators, 
successors, and assigns by these presents.
    The condition of the foregoing obligation is such, that, whereas the 
Secretary of the Interior on ------ (Date) approved under the provisions 
of the Act of February 25, 1920, 41 Stat. 437, 30 U.S.C. secs. 181 et 
seq., as amended by the Act of August 8, 1946, 60 Stat. 950, a unit 
agreement for the development and operation of the ------ (Name of unit 
and State); and
    Whereas said Principal and record owners of unitized substances, 
pursuant to said unit agreement, have entered into certain covenants and 
agreements as set forth therein, under which operations are to be 
conducted; and
    Whereas said Principal as Unit Operator has assumed the duties and 
obligations of the respective owners of unitized substances as defined 
in said unit agreement; and
    Whereas said Principal and Surety agree to remain bound in the full 
amount of the bond for failure to comply with the terms of the unit 
agreement, and the payment of rentals, minimum royalties, and royalties 
due under the Federal leases committed to said unit agreement; and
    Whereas the Surety hereby waives any right of notice of and agrees 
that this bond may remain in force and effect notwithstanding;
    (a) Any additions to or change in the ownership of the unitized 
substances herein described;
    (b) Any suspension of the drilling or producing requirements or 
waiver, suspension, or reduction of rental or minimum royalty payments 
or reduction of royalties pursuant to applicable laws or regulations 
thereunder; and
    Whereas said Principal and Surety agree to the payment of 
compensatory royalty under the regulations of the Interior Department in 
lieu of drilling necessary offset wells in the event of drainage; and
    Whereas nothing herein contained shall preclude the United States 
(from requiring an additional bond at any time when deemed necessary);
    Now, therefore, if the said Principal shall faithfully comply with 
all of the provisions of the above-indentified unit agreement and with 
the terms of the leases committed thereto, then the above obligation is 
to be of no effect; otherwise to remain in full force and virtue.
    Signed, sealed, and delivered this ------ day of ------, in the 
presence of:
    Witnesses:

 _______________________________________________________________________

      (Principal)

 _______________________________________________________________________
________________________________________________________________________
________________________________________________________________________

      (Surety)



Sec. 3186.3  Model for designation of successor unit operator by working interest owners.

    Designation of successor Unit Operator ------ Unit Area, County of 
------, State of ------. No. ------.
    This indenture, dated as of the -- day of ----, 19--, by and between 
----, hereinafter designated as ``First Party,'' and the owners of 
unitized working interests, hereinafter designated as ``Second 
Parties,''
    Witnesseth: Whereas under the provisions of the Act of February 25, 
1920, 41 Stat. 437, 30 U.S.C. secs. 181, et seq., as amended by the Act 
of August 8, 1946, 60 Stat. 950, the Secretary of the Interior, on the 
------ day of ------, 19--, approved a unit agreement ------ Unit Area, 
wherein ------ is designated as Unit Operator, and
    Whereas said ------ has resigned as such Operator 1and 
the designation of a successor Unit Operator is now required pursuant to 
the terms thereof; and

    1 Where the designation of a successor Unit Operator is 
required for any reason other than resignation, such reason shall be 
substituted for the one stated.

    Whereas the First Party has been and hereby is designated by Second 
Parties as Unit Operator, and said First Party desires to assume all the 
rights, duties, and obligations of Unit Operator under the said unit 
agreement:
    Now, therefore, in consideration of the premises hereinbefore set 
forth and the promises hereinafter stated, the First Party hereby 
covenants and agrees to fulfill the duties and assume the obligations of 
Unit Operator under and pursuant to all the terms of

[[Page 462]]

the ------ unit agreement, and the Second Parties covenant and agree 
that, effective upon approval of this indenture by the (Name and Title 
of authorized officer, BLM) First Party shall be granted the exclusive 
right and privilege of exercising any and all rights and privileges as 
Unit Operator, pursuant to the terms and conditions of said unit 
agreement; said Unit agreement being hereby incorporated herein by 
reference and made a part hereof as fully and effectively as though said 
unit agreement were expressly set forth in this instrument.
    In witness whereof, the parties hereto have executed this instrument 
as of the date hereinabove set forth.
 _______________________________________________________________________
________________________________________________________________________
      (Witnesses)
 _______________________________________________________________________
________________________________________________________________________
      (Witnesses)
 _______________________________________________________________________
      (First Party)
 _______________________________________________________________________
      (Second Party)
    I hereby approve the foregoing indenture designating ------ as Unit 
Operator under the unit agreement for the ------ Unit Area, this -- day 
of ------, 19--.
 _______________________________________________________________________
Authorized officer of the Bureau of Land Management.
[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
as amended at 51 FR 34604, Sept. 30, 1986]



Sec. 3186.4  Model for change in unit operator by assignment.

    Change in Unit Operator ------ Unit Area, County of ------, State of 
------, No. --. This indenture, dated as of the -- day of ------, 19--, 
by and between ------ hereinafter designated as ``First Party,'' and --
---- hereinafter designated as ``Second Party.''
    Witnesseth: Whereas under the provisions of the Act of February 25, 
1920, 41 Stat. 437 30 U.S.C. secs. 181, et seq., as amended by the Act 
of August 8, 1946, 60 Stat. 950, the Department of the Interior, on the 
-- day of ------, 19--, approved a unit agreement for the ------ Unit 
Area, wherein the First Party is designated as Unit Operator; and
    Whereas the First Party desires to transfer, assign, release, and 
quitclaim, and the Second Party desires to assume all the rights, duties 
and obligations of Unit Operator under the unit agreement; and
    Whereas for sufficient and valuable consideration, the receipt 
whereof is hereby acknowledged, the First Party has transferred, 
conveyed, and assigned all his/its rights under certain operating 
agreements involving lands within the area set forth in said unit 
agreement unto the Second Party;
    Now, therefore, in consideration of the premises hereinbefore set 
forth, the First Party does hereby transfer, assign, release, and 
quitclaim unto Second Party all of First Party's rights, duties, and 
obligations as Unit Operator under said unit agreement; and
    Second Party hereby accepts this assignment and hereby covenants and 
agrees to fulfill the duties and assume the obligations of Unit Operator 
under and pursuant to all the terms of said unit agreement to the full 
extent set forth in this assignment, effective upon approval of this 
indenture by the (Name and Title of authorized officer, BLM); said unit 
agreement being hereby incorporated herein by reference and made a part 
hereof as fully and effectively as though said unit agreement were 
expressly set forth in this instrument.
    In witness whereof, the parties hereto have executed this instrument 
as of the date hereinabove set forth.
 _______________________________________________________________________
________________________________________________________________________
      (Witnesses)
 _______________________________________________________________________
________________________________________________________________________
      (Witnesses)
 _______________________________________________________________________
      (First Party)
 _______________________________________________________________________
      (Second Party)
    I hereby approve the foregoing indenture designating ------ as Unit 
Operator under the unit agreement for the ------ Unit Area, this -- day 
of ------, 19--.
Authorized officer of the Bureau of Land Management



PART 3190--DELEGATION OF AUTHORITY, COOPERATIVE AGREEMENTS AND CONTRACTS FOR OIL AND GAS INSPECTION--Table of Contents




   Subpart 3190--Delegation of Authority, Cooperative Agreements and 
             Contracts for Oil and Gas Inspections: General

Sec.
3190.0-1  Purpose.
3190.0-3  Authority.
3190.0-4  Objective.
3190.0-5  Definitions.
3190.0-7  Cross references.
3190.1  Proprietary data.
3190.2  Recordkeeping, funding and audit.
3190.2-1  Recordkeeping.
3190.2-2  Funding.
3190.2-3  Audit.
3190.3  Sharing of civil penalties.
3190.4  Availability of information.

                  Subpart 3191--Delegation of Authority

3191.1  Petition for delegation.

[[Page 463]]

3191.1-1  Petition.
3191.1-2  Eligibility.
3191.1-3  Action upon petition.
3191.1-4  Public hearing on petition.
3191.2  Terms of delegation.
3191.3  Termination and reinstatement.
3191.3-1  Termination.
3191.3-2  Reinstatement.
3191.4  Standards of delegation.
3191.5  Delegation for Indian lands.
3191.5-1  Indian lands included in delegation.
3191.5-2  Indian lands withdrawn from delegation.

                  Subpart 3192--Cooperative Agreements

3192.1  What is a cooperative agreement?
3192.2  Who may apply for a cooperative agreement with BLM to conduct 
          oil and gas inspections?
3192.3  What must a Tribe or State include in its application for a 
          cooperative agreement?
3192.4  What is the term of a cooperative agreement?
3192.5  How do I modify a cooperative agreement?
3192.6  How will BLM evaluate my request for proprietary data?
3192.7  What must I do with Federal assistance I receive?
3192.8  May I subcontract activities in the agreement?
3192.9  What terms must a cooperative agreement contain?
3192.10  What costs will BLM pay?
3192.11  How are civil penalties shared?
3192.12  What activities may Tribes or States perform under cooperative 
          agreements?
3192.13  What responsibilities must BLM keep?
3192.14  What are the requirements for Tribal or State inspectors?
3192.15  May cooperative agreements be terminated?
3192.16  How will I know if BLM intends to terminate my agreement?
3192.17  Can BLM reinstate cooperative agreements that have been 
          terminated?
3192.18  Can I appeal BLM's decision?

    Authority:  30 U.S.C. 1735 and 1751.

    Source:  52 FR 27182, July 17, 1987, unless otherwise noted.



   Subpart 3190--Delegation of Authority, Cooperative Agreements and 
             Contracts for Oil and Gas Inspections: General



Sec. 3190.0-1  Purpose.

    The purpose of the part is to provide procedures for approval, 
implementation and administration of delegations of authority, 
cooperative agreements and contracts for inspection, enforcement and 
investigative activities related to oil and gas production operations on 
Federal and Indian lands under the provisions of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).



Sec. 3190.0-3  Authority.

    The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1701 et seq.).



Sec. 3190.0-4  Objective.

    The objective of this part is to assure that delegations of 
authority, cooperative agreements and contracts as provided for under 
the Federal Oil and Gas Royalty Management Act are carried out in 
accordance with the provisions of the Act and this title.



Sec. 3190.0-5  Definitions.

    As used in this part, the term:
    (a) Inspection means the examination of oil and gas lease sites, 
records or motor vehicle documentation by an authorized representative 
of the Secretary of the Interior to determine if there is compliance 
with applicable regulations, Onshore Oil and Gas orders, approvals, 
Notices to Lessees and Operators, approvals, other written orders, the 
mineral leasing laws, and the Federal Oil and Gas Royalty Management 
Act.
    (b) Investigation means any inquiry into any action by or on behalf 
of a lessee or operator of a Federal or Indian lease, or transporter of 
oil from such lease.
    (c) Contractor means any individual, corporation, association, 
partnership, consortium or joint venture who has contracted to carry out 
activities under this part.
    (d) Enforcement means action taken by an authorized representative 
of the Secretary in order to obtain compliance with applicable 
regulations, Onshore Oil and Gas Orders, Notices to Lessees and 
Operators, approvals, other written orders, the mineral leasing laws, 
and the Federal Oil and Gas Royalty Management Act.
    (e) Indian lands means any lands or interests in lands of an Indian 
tribe or an Indian allottee held in trust by the United States or which 
is subject to

[[Page 464]]

Federal restriction against alienation, including mineral resources and 
mineral estates reserved to an Indian tribe or Indian allottee in the 
conveyance of a surface or nonmineral estate, except that such term does 
not include any lands subject to the provisions of section 3 of the Act 
of June 28, 1906 (34 Stat. 539).
    (f) Proprietary data means information obtained from a lessee that 
constitutes trade secrets, or commercial or financial information that 
is privileged or confidential, or other information that may be withheld 
under the Freedom of Information Act (5 U.S.C. 552(b)).



Sec. 3190.0-7  Cross references.

    (a) 25 CFR 211.18; 212.24; 213.34.
    (b) 30 CFR part 229.
    (c) 43 CFR part 3160.



Sec. 3190.1  Proprietary data.

    With regard to any data or information obtained by a State, Indian 
tribe or individual, whether under a delegation of authority, 
cooperative agreement or contract, the following applies:
    (a) Proprietary data shall be made available to a State or Indian 
tribe pursuant to a cooperative agreement under the provisions of 30 
U.S.C. 1732 if such State or Indian tribe:
    (1) Consents in writing to restrict the dissemination of such 
information to such persons directly involved in an investigation under 
30 U.S.C. 1732 who need the information to conduct the investigation;
    (2) Agrees in writing to accept liability for wrongful disclosure;
    (3) In the case of a State, the State demonstrates that such 
information is essential to the conduct of an investigation or to 
litigation under 30 U.S.C. 1734; and
    (4) In the case of an Indian tribe, the tribe demonstrates that such 
information is essential to the conduct of an audit or investigation and 
waives sovereign immunity by express consent for wrongful disclosure.
    (b)(1) Any person or State that obtains proprietary data pursuant to 
a delegation of authority, cooperative agreement or contract under this 
part is subject to the same provisions of law with respect to the 
disclosure of such information as would apply to any officer or employee 
of the United States.
    (2) Disclosure of proprietary data obtained pursuant to a delegation 
of authority, cooperative agreement, or contract under this part may not 
be compelled under State law.



Sec. 3190.2  Recordkeeping, funding and audit.



Sec. 3190.2-1  Recordkeeping.

    (a) Records and accounts relating to activities under delegations of 
authority, cooperative agreements or contracts shall be identified in 
the delegation, cooperative agreement or contract.
    (b) All records and other materials relating to a delegation of 
authority, cooperative agreement or contract shall be maintained by the 
State, Indian Tribe or contractor for a period of 6 years from the date 
they are generated or such other period as may be specified in the 
delegation, cooperative agreement or contract.



Sec. 3190.2-2  Funding.

    (a) States and Tribes shall provide adequate funding for 
administration and execution of activities carried out under a 
delegation or cooperative agreement.
    (b) Reimbursement for allowable costs incurred by a State, Indian 
tribe or contractor as a result of activities carried out under a 
delegation of authority, cooperative agreement or contract shall be as 
negotiated, with the following limitations:
    (1) Up to 100 percent for a delegation of authority; or
    (2)Up to 100 percent for a cooperative agreement.
    (c) Funding shall be subject to the availability of funds.
    (d) States, Indian tribes or contractors shall maintain financial 
records relating to the funds received and expended under a delegation 
of authority, cooperative agreement or contract as specified in the 
delegation of authority, cooperative agreement or contract.
    (e) Reimbursement shall be at least quarterly and only shall be made 
upon submission of an invoice or request for

[[Page 465]]

reimbursement to the authorized officer.
[52 FR 27182, July 17, 1987, as amended at 62 FR 49586, Sept. 22, 1997]



Sec. 3190.2-3  Audit.

    In maintaining financial records relating to the funds received and 
expended under a delegation of authority, cooperative agreement, or 
contract, States, Indian tribes and contractors shall comply with 
generally accepted accounting principles and audit requirements 
established by the Department of the Interior and Bureau of Land 
Management.



Sec. 3190.3  Sharing of civil penalties.

    Fifty percent of any civil penalty collected by the United States as 
a result of activities carried out by a State under a delegation of 
authority or a State or Indian tribe under a cooperative agreement shall 
be payable to that State or Indian tribe upon receipt by the United 
States. Such amount shall be deducted from compensation due to the State 
or Indian tribe by the United States under the delegation of authority 
or cooperative agreement.



Sec. 3190.4  Availability of information.

    Information in the possession of the Bureau of Land Management that 
is necessary to carry out activities authorized by delegations of 
authority, cooperative agreements, or contracts entered into under this 
part will be provided by the BLM to the States and Indian tribes party 
to such agreements. Release of proprietary data shall be subject to the 
provisions of Sec. 3190.1 of this part.
[56 FR 2998, Jan. 25, 1991]



                  Subpart 3191--Delegation of Authority



Sec. 3191.1  Petition for delegation.



Sec. 3191.1-1  Petition.

    The Governor or other authorized official of any eligible State may 
request in writing that the Director delegate all or part of his/her 
authority and responsibility for inspection, enforcement and 
investigation on oil and gas leases on Federal lands within the State 
and on Indian lands within the State where the affected Indian tribe or 
Indian allottee has given written permission for such inspection, 
enforcement and investigation. Requests by a State for delegation of 
other activities may be granted by the Director with the approval of the 
Secretary.



Sec. 3191.1-2  Eligibility.

    Any State with producing oil or gas leases on Federal or Indian 
lands may request a delegation of authority.



Sec. 3191.1-3  Action upon petition.

    Upon request for a delegation of authority, the Director shall 
determine if:
    (a) The State has proposed an acceptable plan for carrying out the 
delegated activities and will provide adequate resources to achieve the 
purposes of 30 U.S.C. 1735. This plan shall, at a minimum:
    (1) Identify specific authorities and responsibilities for which the 
State is requesting a delegation of authority and whether it is 
applicable to Federal lands only or includes Indian lands;
    (2) Provide evidence of written permission of the affected Indian 
tribe(s) or allottee(s) for such lands;
    (3) Include specifics for carrying out the delegated activities;
    (4) Indicate the inspector resources for carrying out the delegated 
activities and documentation of inspector qualifications;
    (5) Describe the proposed record keeping for funding purposes;
    (6) Detail the frequency and method of payment; and
    (7) Include copies of any non-Federal forms that are to be used.
    (b) The State has demonstrated that it will effectively and 
faithfully administer the rules and regulations of the Department of the 
Interior in accordance with the provisions of 30 U.S.C. 1735.
    (c) The delegation will be carried out in coordination with 
activities retained by the Bureau so that such delegation will not 
create an unreasonable burden on any lessee.

[[Page 466]]



Sec. 3191.1-4  Public hearing on petition.

    Prior to the granting of any delegation of authority, the notice of 
proposed delegation shall be published in the Federal Register. The 
Federal Register notice shall provide an opportunity for a public 
hearing in the affected State.



Sec. 3191.2  Terms of delegation.

    (a) Delegations shall be continuing, contingent upon available 
funding, providing that there is an annual finding by the Director that 
the provisions of the delegation and the mineral leasing laws are still 
being carried out and that the requirements of Sec. 3191.1-3 (a), (b) 
and (c) of this title are still in effect.
    (b) Authority delegated to a State under this subpart shall not be 
redelegated.
    (c) The State regulatory authority shall maintain sufficient 
qualified, personnel to comply with the terms and purpose of the 
delegation.
    (d) Inspection identification cards shall be issued by the 
authorized officer to all certified State inspectors for the purpose of 
identifying the bearer as an authorized representative of the Secretary. 
Identification cards remain the property of the United States.
    (e) The delegation shall provide for coordination with designated 
offices of the Bureau of Land Management, the Minerals Management 
Service, and, where appropriate, the Bureau of Indian Affairs, Forest 
Service, and other surface management agencies.
    (f) The delegation shall provide for annual program review.
    (g) The delegation shall provide for annual budget and program 
reporting in conjunction with the Federal Budget process.
    (h) The Director reserves the right to make inspections on Federal 
and Indian leases inspected by a State under this subpart for the 
purpose of evaluating the manner in which the delegation is being 
carried out.
    (i) The Director reserves the right to act independently to carry 
out his/her responsibilities under the law.



Sec. 3191.3  Termination and reinstatement.



Sec. 3191.3-1  Termination.

    (a) The delegation may be terminated by mutual written consent at 
any time.
    (b) The Director may revoke a delegation if it is determined that 
the State has failed to meet the minimum standards for complying with 
the delegated authority.
    (c) Prior to any action to revoke a delegation, the Director shall 
notify the State in writing of the deficiencies in the program leading 
to such revocation.
    (d) Upon notification of intent to revoke a delegation, the State 
shall have 30 days to respond with a plan to correct the cited 
deficiencies. If the Director determines that the plan of correction is 
acceptable, the Director shall then approve the plan and specify the 
timeframe within which the cited deficiencies shall be corrected.
    (e) In the event the Director makes a determination to revoke a 
delegation of authority, the State shall be provided an opportunity for 
a hearing prior to final action.



Sec. 3191.3-2  Reinstatement.

    Terminated delegations of authority may be reinstated as set out 
below:
    (a) For a delegation terminated by mutual consent under Sec. 3191.3-
1(a) of this title, the State shall apply for reinstatement by filing a 
petition with the Director, who shall determine whether such 
reinstatement should be granted.
    (b) For a delegation of authority revoked by the Director, the State 
shall file a petition requesting reinstatement. In applying for 
reinstatement, the State shall provide written evidence that it has 
remedied all defects for which the delegation was revoked and that it is 
fully capable of resuming the activities carried out under the 
delegation. Upon receipt of the petition, the following actions shall be 
taken:
    (1) The authorized officer, after review of the petition, may 
recommend approval of the reinstatement but shall provide proof that the 
deficiencies have been corrected and that the State is

[[Page 467]]

fully capable of carrying out the delegation.
    (2) The Director shall review the petition and the recommendation of 
the authorized officer and may approve the reinstatement of a delegation 
upon a determination that the findings of the authorized officer are 
acceptable.



Sec. 3191.4  Standards of delegation.

    (a) The Director shall establish minimum standards to be used by a 
State in carrying out activities established in the delegation.
    (b) The delegation shall identify functions, if any, that are to be 
carried out jointly.
    (c) A delegation shall be made in accordance with the requirements 
of this section.
    (d) Copies of delegations shall be on file in the Washington Office 
of the Bureau and shall be available for public inspection.



Sec. 3191.5  Delegation for Indian lands.



Sec. 3191.5-1  Indian lands included in delegation.

    (a) No activity under a delegation made under this subpart may be 
carried out on Indian lands without the written permission of the 
affected Indian tribe or allottee.
    (b) A State requesting a delegation involving Indian lands shall 
provide, as evidence of permission, a written agreement signed by an 
appropriate official(s) of the Indian tribe for tribal lands, or by the 
individual allottee(s) or their representative(s) for allotted lands. 
The agreement shall at a minimum specify the type and extent of 
activities to be carried out by the State under the agreement, and 
provisions for State access to carry out the specified activities.
    (c) Delegations covering Indian lands shall be separate from 
delegations covering Federal lands.



Sec. 3191.5-2  Indian lands withdrawn from delegation.

    (a) When an Indian tribe or allottee withdraws permission for a 
State to conduct inspection and related activities on its lands, the 
Indian tribe or allottee shall provide written notice of its withdrawal 
of permission to the State.
    (b) Immediately upon receipt of a notice of withdrawal of 
permission, the State shall provide written notification of said notice 
to the authorized officer, who immediately shall take all necessary 
action to provide for inspection and enforcement activities on the 
affected Indian lands.
    (c) No later than 120 days after receipt of a notice of withdrawal 
of permission draw from an Indian tribe or allottee, the delegation on 
the lands covered by the notice shall terminate.
    (d) Upon termination of a delegation covering Indian lands, 
appropriate changes in funding shall be made by the authorized officer.



                  Subpart 3192--Cooperative Agreements

    Source:  62 FR 49586, Sept. 22, 1997, unless otherwise noted.



Sec. 3192.1  What is a cooperative agreement?

    (a) A cooperative agreement is a contract between the Bureau of Land 
Management (BLM) and a Tribe or State to conduct inspection, 
investigation, or enforcement activities on producing Indian Tribal or 
allotted oil and gas leases.
    (b) BLM will enter into a cooperative agreement with a State to 
inspect oil and gas leases on Indian lands only with the permission of 
the Tribe with jurisdiction over the lands.



Sec. 3192.2  Who may apply for a cooperative agreement with BLM to conduct oil and gas inspections?

    (a) The Tribal chairperson, or other authorized official, of a Tribe 
with producing oil or gas leases, or agreements under the Indian Mineral 
Development Act of 1982 (25 U.S.C. 2101 et seq.), may apply for a 
cooperative agreement with BLM for Indian lands under the Tribe's 
jurisdiction.
    (b) Tribes may join together to apply for a multi-tribe cooperative 
agreement.
    (c) The Governor of a State having a Tribal resolution from the 
Tribe with jurisdiction over the Indian lands, permitting the Governor 
to enter into a

[[Page 468]]

cooperative agreement, may apply for a cooperative agreement with BLM.



Sec. 3192.3  What must a Tribe or State include in its application for a cooperative agreement?

    (a) To apply for a cooperative agreement you must complete--
    (1) Standard Form 424, Application for Federal Assistance;
    (2) Standard Form 424A, Budget Information--Non-Construction 
Programs; and
    (3) Standard Form 424B, Assurances--Non-Construction Programs.
    (b) You must describe the type and extent of oil and gas inspection, 
enforcement, and investigative activities proposed under the agreement 
and the period of time the proposed agreement will be in effect (See 
section 11 of Standard Form 424).
    (c) You may include allotted lands under an agreement with the 
written consent of all allottees or their heirs. BLM will ask the Bureau 
of Indian Affairs (BIA) to verify that the Tribe or State has obtained 
all of the necessary signatures to commit 100 percent of each individual 
tract of allotted lands to the agreement.



Sec. 3192.4  What is the term of a cooperative agreement?

    Cooperative agreements can be in effect for a period from 1 to 5 
years from the effective date of the agreement, as set out in the 
agreement.



Sec. 3192.5  How do I modify a cooperative agreement?

    You may modify a cooperative agreement by having all parties to the 
agreement consent to the change in writing. If the agreement is with a 
State, and the modification would affect the duration or scope of the 
agreement, then the State must obtain the written consent of the 
affected Tribe and/or allottee or heir.



Sec. 3192.6  How will BLM evaluate my request for proprietary data?

    BLM will evaluate Tribal or State requests for proprietary data on a 
case-by-case basis according to the requirements of Sec. 3190.1 of this 
part.



Sec. 3192.7  What must I do with Federal assistance I receive?

    You must use Federal assistance that you receive only for costs 
incurred which are directly related to the activities carried out under 
the cooperative agreement.



Sec. 3192.8  May I subcontract activities in the agreement?

    You must obtain BLM's written approval before you subcontract any 
activities in the agreement with the exception of financial audits of 
program funds that are required by the Single Audit Act of 1984 (31 
U.S.C. 7501 et seq.).



Sec. 3192.9  What terms must a cooperative agreement contain?

    The cooperative agreement must--
    (a) State its purpose, objective, and authority;
    (b) Define terms used in the agreement;
    (c) Describe the Indian lands covered;
    (d) Describe the roles and responsibilities of BLM and the Tribe or 
State;
    (e) Describe the activities the Tribe or State will carry out;
    (f) Define the minimum performance standards to evaluate Tribal or 
State performance;
    (g) Include provisions to--
    (1) Protect proprietary data, as provided in Sec. 3190.1 of this 
part;
    (2) Prevent conflict of interest, as provided in Sec. 3192.14(d);
    (3) Share civil penalties, as provided in Sec. 3192.11; and
    (4) Terminate the agreement;
    (h) List BLM and Tribal or State contacts;
    (i) Avoid duplication of effort between BLM and the Tribe or State 
when conducting inspections;
    (j) List schedules for--
    (1) Inspection activities;
    (2) Training of Tribal or State inspectors;
    (3) Periodic reviews and meetings;
    (k) Specify the limit on the dollar amount of Federal funding;
    (l) Describe procedures for Tribes or States to request payment 
reimbursement;
    (m) Describe allowable costs subject to reimbursement; and
    (n) Describe plans for BLM oversight of the cooperative agreement.

[[Page 469]]



Sec. 3192.10  What costs will BLM pay?

    (a) BLM will pay expenses allowed under part 12, subpart A, 
Administrative and Audit Requirements and Cost Principles for Assistance 
Programs, of this title.
    (b) BLM will fund the agreements up to 100 percent of allowable 
costs.
    (c) Funding is subject to the availability of BLM funds.
    (d) Funding for cooperative agreements is subject to the shared 
civil penalties requirement of Sec. 3192.11.



Sec. 3192.11  How are civil penalties shared?

    (a) Civil penalties that the Federal Government collects resulting 
from an activity carried out by a Tribe or State under a cooperative 
agreement are shared equally between the inspecting Tribe or State and 
BLM.
    (b) BLM must deduct the amount of the civil penalty paid to the 
Tribe or State from the funding paid to the Tribe or State for the 
cooperative agreement.



Sec. 3192.12  What activities may Tribes or States perform under cooperative agreements?

    Activities carried out under the cooperative agreement must be in 
accordance with the policies of the appropriate BLM State or field 
office and as specified in the agreement, and may include--
    (a) Inspecting Tribal or allotted oil and gas leases for compliance 
with BLM regulations;
    (b) Issuing initial Notices of Incidents of Non-Compliance, Form 
3160-9, and Notices to Shut Down Operations, Form 3160-12;
    (c) Conducting investigations; or
    (d) Conducting oil transporter inspections.



Sec. 3192.13  What responsibilities must BLM keep?

    (a) Under cooperative agreements, BLM continues to--
    (1) Issue Notices of Incidents of Noncompliance that impose monetary 
assessments and penalties;
    (2) Collect assessments and penalties;
    (3) Calculate and distribute shared civil penalties;
    (4) Train and certify Tribal or State inspectors;
    (5) Issue and regulate inspector identification cards; and
    (6) Identify leases to be inspected, taking into account the 
priorities of the Tribe. Priorities for allotted lands will be 
established through consultation with the BIA office with jurisdiction 
over the lands in the agreement.
    (b) If BLM enters into a cooperative agreement, that agreement does 
not affect BLM's right to enter lease sites to conduct inspections, 
enforcement, investigations or other activities necessary to supervise 
lease operations.



Sec. 3192.14  What are the requirements for Tribal or State inspectors?

    (a) Tribal or State inspectors must be certified by BLM before they 
conduct independent inspections on Indian oil and gas leases.
    (b) The standards for certifying Tribal or State inspectors must be 
the same as the standards BLM uses for certifying BLM inspectors.
    (c) Tribal and State inspectors must satisfactorily complete on-the-
job and classroom training in order to qualify for certification.
    (d) Tribal or State inspectors must not--
    (1) Inspect the operations of companies in which they, a member of 
their immediate family, or their immediate supervisor, have a direct 
financial interest; or
    (2) Use for personal gain, or gain by another person, information he 
or she acquires as a result of his or her participating in the 
cooperative agreement.



Sec. 3192.15  May cooperative agreements be terminated?

    (a) Cooperative agreements may be terminated at any time if all 
parties agree to the termination in writing.
    (b) BLM may terminate an agreement without Tribal or State agreement 
if the--
    (1) Tribe or State fails to carry out the terms of the agreement; or
    (2) Agreement is no longer needed.
    (c) A Tribe may unilaterally terminate an agreement after notifying 
BLM. For a unilateral termination, the

[[Page 470]]

agreement terminates 60 days after the Tribe notifies BLM.



Sec. 3192.16  How will I know if BLM intends to terminate my agreement?

    (a) If BLM intends to terminate your agreement because you did not 
carry out the terms of the agreement, BLM must send you a notice that 
lists the reason(s) why BLM intends to terminate the agreement.
    (b) Within 30 days after receiving the notice, you must send BLM a 
plan to correct the problem(s) BLM listed in the notice. BLM has 30 days 
to approve or disapprove the plan, in writing.
    (c) If BLM approves the plan, you have 30 days after you receive 
notice of the approval to correct the problem(s).
    (d) If you have not corrected the problem within 30 days, BLM will 
send you a second written termination notice that will give you another 
opportunity to correct the problem.
    (e) If the problem is not corrected within 60 days after you receive 
the second notice, BLM will terminate the agreement.



Sec. 3192.17  Can BLM reinstate cooperative agreements that have been terminated?

    (a) If your cooperative agreement was terminated by consent, you may 
request that BLM reinstate the agreement at any time.
    (b) If BLM terminated an agreement because you did not carry out the 
terms of the agreement, you must prove that you have corrected the 
problem(s) and are able to carry out the terms of the agreement.
    (c) For any reinstatement request BLM will decide whether or not 
your cooperative agreement may be reinstated and, if so, whether you 
must make any changes to the agreement before it can be reinstated.



Sec. 3192.18   Can I appeal a BLM decision?

    Any party adversely affected by a BLM decision made under this 
subpart may appeal the decision in accordance with parts 4 and 1840 of 
this title.



Group 3200--Geothermal Resources Leasing--Table of Contents




    Note:  The collections of information contained in parts 3200, 3210, 
3220, 3240, 3250, and 3260 of Group 3200 have been approved by the 
Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned clearance numbers 1004-0034, 1004-0074, 1004.0132, and 1004-
0160. The information will be used to maintain an orderly program for 
leasing, development, and production of Federal geothermal resources. 
Responses are required to obtain benefits in accordance with the 
Geothermal Steam Act of 1970, as amended.
    Public reporting burden for this information is estimated to average 
1.6 hours per response, including the time for reviewing insstructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to the Division of Information Resources Management, Bureau of 
Land Management, 1800 C Street, NW., Premier Building, Room 208, 
Washington DC 20240; and the Paperwork Reduction Project (1004-0160), 
Office of Management and Budget, Washington, DC 20503.


(See 54 FR 13885, Apr. 6, 1989 and 55 FR 26443, June 28, 1990)



PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL--Table of Contents




           Subpart 3200--Geothermal Resources Leasing: General

Sec.
3200.0-3  Authority.
3200.0-5  Definitions.
3200.0-6  Use of surface.
3200.1  Competitive and noncompetitive leasing areas.
3200.2  Management of Federal minerals from reserved mineral estates.

       Subpart 3201--Available Lands; Limitations; Unit Agreements

3201.1  Lands subject to geothermal leasing.
3201.1-1  General.
3201.1-2  Department of the Interior.
3201.1-3  Department of Agriculture.
3201.1-4  Federal Energy Regulatory Commission.
3201.1-5  Patented lands.
3201.1-6  Excepted areas.
3201.2  Acreage limitations.

[[Page 471]]

3201.3  Leases within unit areas.

                 Subpart 3202--Qualifications of Lessees

3202.1  Who may hold leases.
3202.2  Proof of qualifications.
3202.2-1  Proof which may be required.
3202.2-2  Attorney-in-fact/agent.
3202.2-3  Showing as to sole party in interest.
3202.2-4  Heirs and devisees (estates).

                       Subpart 3203--Leasing Terms

3203.1  Primary term, additional term and extensions.
3203.1-1  Dating of leases.
3203.1-2  Primary term.
3203.1-3  Additional term.
3203.1-4  Extensions.
3203.1-5  Segregation of leases on commitment to, or contraction of, 
          cooperative or unit plan or communitization or drilling 
          agreement.
3203.1-6  Conversion to mineral leases or mining claims.
3203.2  Lease acreage limitation.
3203.3  Consolidation of leases.
3203.4  Description of lands.
3203.5  Diligent exploration.
3203.6  Plans of development and operation.
3203.7  Reservation to the United States of oil, hydrocarbon gas, and 
          helium.
3203.8  Compensation for drainage; compensatory royalty.
3203.9  Readjustment of terms and conditions.

   Subpart 3204--Surface Management Requirements; Special Requirements

3204.1  General.

                Subpart 3205--Fees, Rentals and Royalties

3205.1  Payments.
3205.1-1  Form of remittance.
3205.1-2  Where submitted.
3205.2  Filing fees.
3205.3  Rentals and royalties.
3205.3-1  Payment with application.
3205.3-2  Payment of annual rental.
3205.3-3  [Reserved]
3205.3-4  Fractional interests.
3205.3-5  Royalty on production.
3205.3-6  Royalty on commercially demineralized water.
3205.3-7  Waiver, suspension or reduction of rental or royalty.
3205.3-8  Suspension of operations and production or suspension of 
          operations.
3205.3-9  Readjustments.
3205.4  Rental and minimum royalty liability of lands committed to 
          cooperative or unit plans.
3205.4-1  Prior to production.
3205.4-2  After production.

                        Subpart 3206--Lease Bonds

3206.1  Bond obligations and filing.
3206.1-1  Bond obligations.
3206.1-2  Filing.
3206.2  Lease bond.
3206.3  Liability.
3206.4  Statewide bond.
3206.5  Nationwide bond.
3206.6  Unit operator's bond.
3206.7  Default.
3206.7-1  Payment by surety.
3206.7-2  Penalty.
3206.8  Applicability of provisions to existing bonds.
3206.9  Terminiation of period of liability.

        Subpart 3207--Leases for a Fractional or Future Interest

3207.1  General.
3207.2  Noncompetitive leases.
3207.2-1  Qualifications.
3207.2-2  Applications.
3207.2-3  Leasing.
3207.2-4  Agency action on applications. [Reserved]
3207.3  Competitive leasing.
3207.3-1  Nominations for leases.
3207.3-2  Leasing.

                        Subpart 3208  [Reserved]

        Subpart 3209--Geothermal Resources Exploration Operations

3209.0-1  Purposes.
3209.0-2  Objectives.
3209.0-5  Definitions.
3209.1  Notice of intent and permit to conduct exploration operations 
          (geothermal resources).
3209.1-1  Application.
3209.1-2  Review of Notice of Intent.
3209.2  Exploration operations.
3209.3  Completion of operations.
3209.4  Bond requirement.
3209.4-1  General.
3209.4-2  Riders to existing bond forms.
3209.4-3  Termination of period of liability.

    Authority:  30 U.S.C. 1001-1027.


    Source:  38 FR 35082, Dec. 21, 1973, unless otherwise noted.



           Subpart 3200--Geothermal Resources Leasing: General



Sec. 3200.0-3  Authority.

    These regulations are issued pursuant to the Geothermal Steam Act of 
1970, as amended (84 Stat. 1566; 30 U.S.C. 1001-1025) and rights to 
develop and utilize geothermal resources in land subject to these 
regulations may

[[Page 472]]

be acquired only in accordance with these regulations.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17366, May 16, 1988]



Sec. 3200.0-5  Definitions.

    As used in Group 3200, the term:
    (a) The Act means the Geothermal Steam Act of 1970.
    (b) Secretary means the Secretary of the Interior.

    (c) Geothermal resources means geothermal steam and associated 
geothermal resources which include:
    (1) All products of geothermal processes, embracing indigenous 
steam, hot water and hot brines; (2) steam and other gases, hot water 
and hot brines resulting from water, gas, or other fluids artificially 
introduced into geothermal formations, (3) heat or other associated 
energy found in geothermal formations; and (4) any byproducts derived 
from them.
    (d) Byproduct means (1) any mineral or minerals (exclusive of oil, 
hydrocarbon gas, and helium) which are found in solution or in 
association with geothermal steam and which have a value of less than 75 
per centum of the value of the geothermal steam or are not, because of 
quantity, quality, or technical difficulties in extraction and 
production, of sufficient value to warrant extraction and production by 
themselves, and (2) commercially demineralized water.
    (e) Party in interest means a party who is or will be vested with 
any interest under the lease as defined in paragraph (f) of this 
section. No one is a sole party in interest with respect to an 
application, offer, competitive bid or lease in which any other party 
has an interest in such lease.
    (f) Interest means any interest whatever in a geothermal lease, 
including, but not limited to: (1) A record title interest; (2) a 
working interest; (3) an operating right; (4) an overriding royalty 
interest or other similar fiduciary payments or arrangements; or (5) 
options. Interest does not include stock ownership, stockholding or 
stock control in a lease application or offer or in a bid, except for 
purposes of acreage limitations in Sec. 3201.2 of this title and 
qualifications of leases in subpart 3202 of this title.
    (g) Director means the Director of the Bureau of Land Management.
    (h) Primary term means the first 10 years in the life of the lease, 
exclusive of any period of suspension of operations or production, or 
both.
    (i) Area of operation means that area of the leased lands which is 
required for exploration, development and producing operations, and 
which is delineated on a map or plat which is made a part of the 
approved plan of operations. It encompasses the area generally needed 
for wells, flow lines, separators, surge tanks, drill pads, mud pits, 
workshops, and other such facilities used for on-project geothermal 
resources field exploration, development and production operations.
    (j) Commercial quantities means quantities sufficient to provide a 
return after all variable costs of production have been met.
    (k) Known geothermal resource area or KGRA means an area in which 
the geology, nearby discoveries, competitive interests, or other indicia 
would, in the opinion of the Secretary, engender a belief in men who are 
experienced in the subject matter that the prospects for extraction of 
geothermal steam or associated geothermal resources are good enough to 
warrant expenditures of money for that purpose.
    (l) Primarily valuable means the principal mineral value for which 
the leasehold is being produced.
    (m) Authorized officer means any employee of the Bureau of Land 
Management authorized to perform the duties described in Group 3200.
    (n) Proper BLM office means the Bureau of Land Management office 
having jurisdiction over the lands subject to the regulations in Group 
3200.
    (o) Anniversary date means the same day and month in succeeding 
years as that on which the lease became effective.
    (p) Surface managing agency means any Federal agency outside of the 
Department of the Interior which has jurisdiction over the surface 
overlying Federally-owned minerals.
    (q) Bureau means the Bureau of Land Management.

[[Page 473]]

    (r) Service means the Minerals Management Service.
    (s) Transfer means any conveyance of an interest in a lease by 
assignment, sublease or otherwise. This definition includes the terms: 
assignment which means a transfer of all or a portion of the lessee's 
record title interest in a leasee; and sublease which means a transfer 
of a non-record title interest in a lease, i.e., a transfer of operating 
rights is normally a sublease and a sublease is a subsidiary arrangement 
between the lessee (sublessor) and the sublessee, but a sublease does 
not include a transfer of a purely financial interest, such as 
overriding royalty interest or payment out of production, nor does it 
affect the relationship imposed by a lease between the lessee(s) and the 
United States.
    (t) Lessee means a person or entity holding record title in a lease 
issued by the United States.
    (u) Operating rights owner means a person or entity holding 
operating rights in a lease issued by the United States. A lessee also 
may be an operating rights owner if the operating rights in a lease or a 
portion thereof have not been severed from record title.
    (v) Operator means any person or entity, including but not limited 
to the lessee, operating rights owner, or facility operator, who has 
stated in writing to the authorized officer that it is responsible under 
the terms and conditions of the lease for the operations conducted on 
the leased lands or a portion thereof.
    (w) Public domain lands means lands, including mineral estates, that 
never left the ownership of the United States, lands that were obtained 
by the United States in exchange for public domain lands, lands that 
have reverted to the ownership of the United States through the 
operation of the public land laws, and other lands specifically 
identified by the Congress as part of the public domain.
    (x) Produced or utilized in commercial quantities means the 
completion of a well producing geothermal resources in commercial 
quantities or the completion of a well capable of producing geothermal 
resources in commercial quantities if the authorized officer determines 
that diligent efforts are being made toward the utilization of the 
resources.
    (y) Significant thermal features within units of the National Park 
System shall include, but not be limited to, the following:
    (1) Mount Rainier National Park;
    (2) Crater Lake National Park;
    (3) Yellowstone National Park;
    (4) John D. Rockefeller, Jr. Memorial Parkway;
    (5) Bering Land Bridge National Preserve;
    (6) Gates of the Arctic National Park and Preserve;
    (7) Katmai National Park;
    (8) Aniakchak National Monument and Preserve;
    (9) Wrangell-St. Elias National Park and Preserve;
    (10) Lake Clark National Park and Preserve;
    (11) Hot Springs National Park;
    (12) Big Bend National Park (including that portion of the Rio 
Grande National Wild Scenic River within the boundaries of Big Bend 
National Park);
    (13) Lassen Volcanic National Park;
    (14) Hawaii Volcanoes National Park;
    (15) Haleakala National Park;
    (16) Lake Mead National Recreation Area; and
    (17) Significant thermal features within National Park System Units 
which the Secretary may, after notice and public comment, add to the 
list of significant thermal features.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17366, May 16, 1988; 54 
FR 13885, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3200.0-6  Use of surface.

    (a) A lessee shall be entitled to use for the production, 
utilization, and conservation of geothermal resources only so much of 
the surface of the leased Federal lands as is deemed necessary for such 
purposes. The lessee shall have the right to use so much of the leased 
lands as may be deemed necessary for a power generation plant or a 
commercial or industrial facility, and may apply for the right to use so 
much of other Federal lands as may be deemed necessary for such 
purposes; however, any use of the leased lands or other Federal lands 
for a power generation plant or a commercial or industrial facility will 
be authorized only

[[Page 474]]

under a separate permit issued by the appropriate agency for that 
specific use and subject to all terms and conditions which it may 
include in that permit. The lessee shall not be entitled to use any 
mineral materials subject to the Materials Act except as provided by 
part 3600 of this title.
    (b) Operations under other leases or uses on the same lands shall 
not unreasonably interfere with or endanger operations under leases 
issued under these regulations nor shall operations under these 
regulations unreasonably interfere with or endanger operations under any 
lease, license, claim, permit, or other authorized use pursuant to the 
provisions of any other act.
[38 FR 35082, Dec. 21, 1973. Redesignated and amended at 53 FR 17366, 
May 16, 1988]



Sec. 3200.1  Competitive and noncompetitive leasing areas.

    The authorized officer shall determine the boundaries of known 
geothermal resource areas. All lands within such boundaries shall only 
be leased competitively to the highest qualified bidder in accordance 
with part 3220 of this title. All other lands shall be leased 
noncompetitively, if at all, to the first qualified offeror in 
accordance with part 3210 of this title.
    (a) In determining whether the geology of an area is of such a 
nature that the area should be designated as a KGRA, the authorized 
officer shall use such geologic and technical evidence as he/she deems 
appropriate, including the following:
    (1) The existence of siliceous sinter and natural geysers;
    (2) The temperature of fumaroles, thermal springs and mud volcanoes;
    (3) The SiO2 content of spring water;
    (4) The Na/K ratio in spring waters or hot-water systems;
    (5) The existence of volcanoes and calderas of late Tertiary or 
Quaternary age;
    (6) Conductive heat flows and geothermal gradient;
    (7) The porosity and the permeability of a potential reservoir;
    (8) The results of electrical resistivity surveys;
    (9) The results of magnetic, gravity and airborne infrared 
geophysical surveys; and
    (10) The information obtained through other geophysical methods, 
such as microseismic, seismic ground noise, electromagnetic and telluric 
surveys if such methods prove to have significant use in evaluation.
    (b) For purposes of KGRA classification, a discovery or discoveries 
shall be considered to be any well deemed by the authorized officer to 
be capable of producing geothermal resources in commercial quantities. 
Where the geological structure is not known, nearby shall be considered 
to be 5 miles or less from any such discovery. Lands nearby a discovery 
shall be classified as KGRA unless it is determined that the lands are 
on a different geological structure from the discovery. Where the 
authorized officer has determined the extent of a structure on which a 
discovery has been made, all lands in that structural area contributing 
geothermal resources to that discovery shall be deemed a KGRA regardless 
of the distance from the discovery.
    (c) Competitive interest shall exist in the entire area covered by 
an application for a geothermal lease if at least one-half of the lands 
covered by the application are also covered by another application which 
was filed during the same application filing period, whether or not that 
other application is subsequently withdrawn or rejected. Competitive 
interest shall not be deemed to exist in the entire area covered by an 
application because of an overlapping application, if less than one-half 
of the lands subject to the first application are covered by another 
single application filed during the same application filing period; 
however, some of the lands subject to the first application may be 
determined to be within a KGRA pursuant to the first sentence of this 
paragraph.
[53 FR 17366, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3200.2  Management of Federal minerals from reserved mineral estates.

    Where nonmineral public land disposal statutes provided that in 
conveyances of title all or certain minerals shall be reserved to the 
United States together with the right to prospect for, mine and remove 
the minerals under applicable law and regulations as the

[[Page 475]]

Secretary may prescribe, the lease or sale, and administration and 
management of use of such minerals shall be accomplished under the 
regulations of Group 3200 of this title. Such mineral estates include, 
but are not limited to, those that have been or will be reserved under 
the authorities of the Recreation and Public Purposes Act, as amended 
(43 U.S.C. 869 et seq.), the Small Tract Act of June 1, 1938, as amended 
(43 U.S.C. 682(b)) and the Federal Land Policy and Management Act of 
1976 43 U.S.C. 1701 et seq.).
[53 FR 17367, May 16, 1988; 53 FR 31867, Aug. 22, 1988]



       Subpart 3201--Available Lands; Limitations; Unit Agreements



Sec. 3201.1  Lands subject to geothermal leasing.



Sec. 3201.1-1  General.

    (a) The Secretary may issue a geothermal lease when he/she 
determines such issuance would be in the public interest;
    (b) Subject to the exceptions listed below, geothermal leases may be 
issued in combination or separately for (1) lands administered by the 
Secretary of the Interior; (2) national forest lands or other lands 
administered by the Department of Agriculture through the Forest 
Service; and (3) geothermal resources in lands which have been conveyed 
by the United States subject to a reservation to the United States of 
geothermal resources.
    (c) The authorized officer shall ensure that no lease is issued, 
extended, renewed, or modified which would result in a significant 
adverse effect on a significant thermal feature within a unit of the 
National Park System. If it is determined there is potential for an 
adverse effect, any lease issued, extended, renewed, or modified shall 
include stipulations required by law and otherwise deemed necessary to 
protect such features.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17367, May 16, 1988; 54 
FR 13885, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3201.1-2  Department of the Interior.

    (a) Except as provided in this section, leases may be issued in 
accordance with the regulations in this part for withdrawn lands, for 
acquired lands, and for geothermal resources in lands which have passed 
from Federal ownership subject to a reservation to the United States of 
the geothermal resources therein where such lands or resources are 
administered by the Secretary of the Interior.
    (b) Notwithstanding any other provision in these regulations, 
geothermal leases shall not be issued for:
    (1) Lands which the Secretary has identified or may identify as 
being necessary to the performance of his or any other Federal officer's 
authorized functions, and on which geothermal resource development would 
in his judgment interfere with such functions; or (2) lands respecting 
which the Secretary has made or may make a finding that the issuance of 
geothermal leases would be contrary to the public interest. Upon receipt 
of an application for a geothermal lease affecting lands withdrawn under 
section 3 of the Reclamation Act of 1902 (43 U.S.C. 416) or any other 
appropriate authority, notice thereof and an opportunity to comment 
thereon shall be given to the head of the agency for whose benefit the 
withdrawal was made. No geothermal lease affecting lands withdrawn for 
any agency outside the Department of the Interior shall be leased 
without the consent of the head of the agency for which the lands are 
withdrawn. Where leases are issued under part 3210 of this title or part 
3220 for lands neighboring such reserved lands, the lessees shall be 
required to perform such lease operations and take such measures as are 
prescribed by the Secretary for the protection of the Federal interests 
therein.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17367, May 16, 1988]



Sec. 3201.1-3  Department of Agriculture.

    Leases for public, withdrawn or acquired lands administered by the 
Forest Service, may be issued by the Secretary of the Interior only with 
the consent of, and subject to such terms and conditions as may be 
prescribed

[[Page 476]]

by, the head of that Department to insure adequate utilization of the 
lands for the purpose for which they were withdrawn or acquired.



Sec. 3201.1-4  Federal Energy Regulatory Commission.

    Leases for lands to which section 24 of the Federal Power Act, as 
amended (16 U.S.C. 818), is applicable, may be issued by the Secretary 
of the Interior only with the consent of, and subject to, such terms and 
conditions as the Federal Energy Regulatory Commission may prescribe to 
insure adequate utilization of such lands for power and related 
purposes.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17367, May 16, 1988]



Sec. 3201.1-5  Patented lands.

    Geothermal resources in lands which have passed from Federal 
ownership subject to a reservation to the United States of geothermal 
resources therein may be leased under the regulations in this group 
subject to the provisions in this part and to such terms and conditions 
as may be prescribed by the authorized officer to insure adequate 
protection of the patented lands and any improvements thereon.
[38 FR 35082, Dec. 21, 1973, as amended at 48 FR 17044, Apr. 20, 1983]



Sec. 3201.1-6  Excepted areas.

    Leases shall not be issued for lands which are:
    (a) Administered under the National Park System;
    (b) Within a national recreation area;
    (c) In a fish hatchery administered by the Secretary, wildlife 
refuge, wildlife range, game range, wildlife management area, or 
waterfowl production area, or for lands acquired or reserved for the 
protection and conservation of fish and wildlife which are designated as 
rare and endangered species by the Secretary; or under active 
consideration for inclusion in categories (a), (b), or (c) as evidenced 
by the filing of an application for a withdrawal or a proposed 
withdrawal;
    (d) Tribally or individually owned Indian trust or restricted lands, 
within or without the boundaries of Indian reservations;
    (e) Lands for which the Secretary determines that geothermal 
exploration, development, or utilization is reasonably likely to result 
in a significant adverse effect on a significant thermal feature within 
a unit of the National Park System;
    (f) Lands within the Island Park Geothermal Area; or
    (g) Lands subject to the leasing prohibition provided under Section 
43 of the Mineral Leasing Act (30 U.S.C. 226-3) which include:
    (1) Lands recommended for wilderness allocation by the surface 
managing agency;
    (2) Lands within Bureau of Land Management wilderness study areas;
    (3) Lands designated by Congress as wilderness study areas, except 
where leasing is specifically allowed to continue by the statute 
designating the study area; and
    (4) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
numbered 96-119), unless such lands are allocated to uses other than 
wilderness by a land and resource management plan or have been released 
to uses other than wilderness by an act of Congress.
[54 FR 13885, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3201.2  Acreage limitations.

    (a) Maximum holdings. No citizen, association, corporation, or 
governmental unit shall take, hold, own, or control at one time, whether 
acquired directly from the Secretary or otherwise, any direct or 
indirect interest in Federal geothermal leases in any one State 
exceeding 51,200 acres, including leases acquired under the provisions 
of section 4(a)-(f) of the Act. Nor may any citizen, association, or 
corporation be permitted to convert mineral leases, permits, 
applications therefor, or mining claims, pursuant to the provisions of 
section 4(a)-(f) of the Act into geothermal leases for more than 10,240 
acres.
    (b) Computation. In computing acreage holdings or control, the 
accountable acreage of a party owning an undivided interest in a lease 
shall be that party's proportionate part of the total

[[Page 477]]

lease acreage. Likewise, the accountable acreage of a party owning an 
interest in a corporation or association shall be his proportionate part 
of the corporation's or association's accountable acreage except that no 
person shall be charged with his pro rata share of any acreage holdings 
of any association or corporation unless he is the beneficial owner of 
more than 10 per centum of the stock or other instruments of ownership 
or control of that association or corporation. Parties owning a royalty 
or other interest determined by or payable out of a percentage of 
production from a lease will be charged with a similar percentage of the 
total lease acreage. Where the United States owns a present fractional 
interest in the geothermal resources in the leased lands, only that 
portion of the total acreage currently owned by the United States shall 
be charged as acreage holdings. The acreage embraced in a future 
interest lease shall not be chargeable as acreage holdings until the 
future interest vests in the United States.
    (1) An association shall not be deemed to exist between the parties 
to a contract for development of leased lands, whether or not coupled 
with an interest in the lease, nor between co-lessees, but each party to 
any such contract or each co-lessee will be charged with his 
proportionate interest in the lease.
    (2) Lessees holding acreage in common shall be considered a single 
entity and cannot hold acreage in excess of the maximum specified in the 
law for any one lessee.
    (c) Excepted acreage. Leases committed to any unit or cooperative 
plan approved or prescribed by the Secretary of the Interior shall not 
be included in computing accountable acreage. Leases subject to an 
operating, drilling or development contract approved by the Secretary 
pursuant to section 18 of the Act, other than communization or drilling 
agreements, shall be excepted in determining the accountable acreage of 
the lessees or operators.
    (d) Excess acreage. (1) Where, as the result of the termination or 
contraction of a unit or cooperative plan, or the elimination of a lease 
from operating, drilling, or development plan, a party holds or controls 
excess accountable acreage, such party shall have 90 days from such 
termination or contractions or elimination in which to reduce his 
holdings to the prescribed limitation.
    (2) If any person holding or controlling leases or interests in 
leases is found to hold accountable acreage in violation of the 
provisions of this section and of the Act, the last lease or leases or 
interest or interests acquired by him which created the excess acreage 
holdings shall be canceled or forfeited in their entirety, even though 
only part of the acreage in the lease or interest constitutes excess 
holdings, unless it can be shown to the satisfaction of the Director 
that the holding or control of the excess acreage is not the result of 
negligence or willful intent in which event the lease or leases shall be 
canceled only to the extent of the excess acreage.
[38 FR 35082, Dec. 21, 1973, as amended at 47 FR 5004, Feb. 3, 1982; 48 
FR 17044, Apr. 20, 1983; 48 FR 24368, June 1, 1983; 50 FR 38813, Sept. 
25, 1985]



Sec. 3201.3  Leases within unit areas.

    Before issuance of a geothermal lease for lands within an approved 
unit agreement, the lease applicant or successful bidder will be 
required to file evidence that he has entered into an agreement with the 
unit operator for the development and operation of the lands in a lease 
if issued to him under and pursuant to the terms and provisions of the 
approved unit agreement, or a statement giving satisfactory reasons for 
the failure to enter into such agreement. If such statement is 
acceptable, he will be permitted to operate independently but will be 
required to perform his operations in a manner which the Supervisor 
deems to be consistent with the unit operations.



                 Subpart 3202--Qualifications of Lessees



Sec. 3202.1  Who may hold leases.

    Leases may be issued only to: (a) Citizens of the United States who 
have reached the age of majority; (b) associations of such citizens; (c) 
corporations organized under the laws of the United States, any state or 
the District

[[Page 478]]

of Columbia; or (d) governmental units, including, without limitation, 
municipalities. The term ``association'' includes a partnership.



Sec. 3202.2  Proof of qualifications.

    Submission of an executed lease application or offer, competitive 
bid or request for approval of a transfer of record title or of 
operating rights (sublease) constitutes certification of compliance with 
the regulations of this group and the Act. Any party seeking to acquire 
or already holding a Federal geothermal lease or interest therein may be 
required by the authorized officer to submit proof that the party is 
qualified to hold a geothermal lease. Such proof shall be submitted 
within 30 days after receipt of request.
[48 FR 24368, June 1, 1983, as amended at 53 FR 17367, May 16, 1988]



Sec. 3202.2-1  Proof which may be required.

    The authorized officer may require:
    (a) Evidence that the lessee does not hold acreage in excess of that 
prescribed in Sec. 3201.2 of this title. A lessee may be additionally 
required to submit the serial numbers and percent interest held in all 
leases as of a specified date.
    (b) Evidence that the lessee or applicant is a citizen of the United 
States or, if a corporation or association, that the entity is in 
compliance with Sec. 3202.1 of this title.
    (c) Evidence that the individual executing an application, lease, or 
transfer of interest on behalf of another party is authorized to act in 
that capacity. In the case of a guardian or trustee, a copy of the 
authorizing court order or other legal instrument shall constitute such 
evidence.
    (d) Evidence indicating whether the applicant or lessee is the sole 
party in interest and, if not, providing the names, addresses, and 
nature of interests of any other parties.
    (e) Evidence showing that the municipality or governmental unit 
involved is authorized to hold geothermal leases. The evidence shall 
include a copy of the governing body's resolution authorizing the 
particular action being taken.
    (f) Evidence setting forth the names and addresses of all members or 
stockholders controlling more than 10 percent of the corporation or 
association.
[48 FR 24368, June 1, 1983]



Sec. 3202.2-2  Attorney-in-fact/agent.

    An attorney-in-fact or an agent may execute and file an application, 
offer, competitive bid or transfer of record title or of operating 
rights (sublease), request for approval of a transfer or other lease-
related document.
[53 FR 17367, May 16, 1988]



Sec. 3202.2-3  Showing as to sole party in interest.

    Each application must indicate whether the applicant is the sole 
party in interest. Where the applicant is not the sole party in 
interest, separate statements must be signed by each of the parties and 
by the applicant setting forth the nature of the agreement between them. 
All interested parties may be required to furnish evidence of their 
qualifications upon the written request of the authorized officer.
[38 FR 35082, Dec. 21, 1973. Redesignated and amended at 53 FR 17367, 
May 16, 1988]



Sec. 3202.2-4  Heirs and devisees (estates).

    If an applicant or a successful bidder dies before the lease is 
issued, the lease will be issued to the executor or administrator of the 
estate if probate of the estate has not been completed, and if probate 
has been completed, or is not required, to the heirs or devisees, 
provided there is filed in all cases an application to lease in 
compliance with the requirements of this section which will be effective 
as of the effective date of the original application filed by the 
deceased. If there are any minor heirs or devisees, the application can 
only be made by their legal guardian or trustee in his name.
[38 FR 35082, Dec. 21, 1973. Redesignated and amended at 53 FR 17367, 
May 16, 1988]



                       Subpart 3203--Leasing Terms



Sec. 3203.1  Primary term, additional term and extensions.

    All geothermal leases, including primary term, additional term and 
extensions, shall be subject to Sec. 3201.1-1(c) of this title. For 
those leases in effect

[[Page 479]]

upon enactment of the Geothermal Steam Act Amendments of 1988 (September 
22, 1988), with expiration dates of September 22, 1988 through July 31, 
1989, lessees shall be allowed until July 31, 1989, to submit the 
specified reports and/or applications required under Secs. 3203.1-3 and 
3203.1-4.
[54 FR 13886, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3203.1-1  Dating of leases.

    All geothermal leases shall be considered issued when signed by the 
authorized officer. Geothermal leases, except future interest leases 
issued under Subpart 3207 of this title, shall be effective as to the 
first day of the month following the date the leases are issued. A lease 
may be made effective on the first day of the month within which it is 
issued if a written request is made prior to the date of signature of 
the authorized officer. A renewal lease shall be dated from the 
termination of the original lease.
[53 FR 17367, May 16, 1988]



Sec. 3203.1-2  Primary term.

    All leases shall be for a primary term of 10 years.



Sec. 3203.1-3  Additional term.

    (a) If geothermal resources are produced or utilized in commercial 
quantities within the primary term or any extended term of a lease, that 
lease shall continue for so long thereafter as geothermal resources are 
produced or utilized in commercial quantities or so long thereafter as 
the operator is making diligent efforts to commence production or 
utilization of geothermal resources in commercial quantities, but in no 
event shall the lease continue for more than 40 years after the end of 
the primary term. However, the lessee shall have a preferential right to 
renew the lease for an additional 40-year term subject to such terms and 
conditions as the authorized officer deems appropriate, if at the end of 
the first 40-year term the lands are not needed for another purpose and 
geothermal resources are being produced or utilized in commercial 
quantities.
    (b) If a lease is not actually producing or utilizing geothermal 
resources at the end of its primary or extended term, but has a well 
capable of producing or utilizing geothermal resources in commercial 
quantities, the operator shall, at least 60 days prior to the 
anniversary date of the lease, provide the authorized officer a 
description of diligent efforts completed for the lease year and planned 
for the following year. Examples of information to be submitted include 
but are not limited to descriptions of negotiations for geothermal 
resources and/or electricity sales contracts, marketing arrangements, 
electrical generating and/or transmission agreements, and operations 
conducted or planned to better define the geothermal resource.
[38 FR 35082, Dec. 21, 1973, as amended at 54 FR 13886, Apr. 6, 1989 and 
55 FR 26443, June 28, 1990]



Sec. 3203.1-4  Extensions.

    (a) A lease which has been extended by reason of production, or on 
which geothermal steam has been produced, and which has been determined 
by the Secretary to be incapable of further commercial production and 
utilization of geothermal steam may be further extended so long as one 
or more valuable byproducts are produced in commercial quantities but 
for not more than 5 years.
    (b) Any lease for land on which, or for which under an approved 
cooperative plan, communitization agreement, or a unit plan of 
development or operation, actual drilling operations were commenced 
prior to the end of the primary term and are being diligently prosecuted 
at that time shall be extended for a period of 5 years. Any lease 
extended pursuant to this section shall subsequently be eligible for an 
extension under paragraph (c) of this section.
    (c) Any lease from which geothermal resources have not been produced 
or utilized in commercial quantities by the end of the primary term, or 
by the end of an extension granted under paragraph (b) of this section, 
may be extended for successive 5-year periods totaling not more than 10 
years. In order to obtain such extensions, the operator shall submit a 
request for lease extension to the authorized officer at

[[Page 480]]

least 60 days prior to the end of the primary term of the lease or prior 
to the end of any period of extension already granted. The request 
shall:
    (1) Include a report documenting that the operator has made bona 
fide efforts to produce or utilize geothermal resources in commercial 
quantities given the current economic conditions for marketing 
geothermal steam including a description of:
    (i) Operations conducted during the primary term of the lease and 
currently in progress to identify and define the geothermal resource on 
the lease including a summary of the results of those operations;
    (ii) Actions taken in support of operations including obtaining 
permits, conducting environmental studies, meeting permit requirements 
or other related activities;
    (iii) Actions taken during the primary term of the lease and 
currently in progress to negotiate marketing arrangements, sales 
contracts, drilling agreements, financing for electrical generation and 
transmission projects, or other related actions; and
    (iv) Current economic factors and conditions which affect the 
lessee's efforts to produce or utilize geothermal resources in 
commercial quantities on the lease.
    (2) Indicate whether the operator chooses to make payments in lieu 
of commercial quantities production or to make significant expenditures 
during the period of extension.
    (i) If the operator elects to make payments in lieu of commercial 
quantities production and the extension is approved, the lease shall be 
modified to require that an annual payment in lieu of production be made 
in the amount specified by the authorized officer, but not less than 
$3.00 per acre or fraction thereof, of the lands under lease during an 
initial extension, or $6.00 per acre or fraction thereof for a 
subsequent extension. The actual payment per acre shall be fixed for the 
period of the extension and shall be made known to the operator, if 
requested, prior to the operator's petition for extension. Payments 
shall be made to the authorized officer at the same time as the lease 
rental is paid. Failure to make payment shall subject the lease to 
cancellation.
    (ii) If the operator elects to make significant expenditures, and 
the extension is approved, the lease shall be modified to require the 
operator to make annual expenditures of at least $15.00 per acre or 
fraction thereof, of the lands under lease during an initial extension, 
or $18.00 per acre or fraction thereof during a subsequent extension. 
Expenditures made in excess of the minimum required shall be credited to 
subsequent years within the same period of extension. Expenditures which 
will qualify as significant expenditures shall be limited to those 
involving actual drilling operations on the lease, geochemical or 
geophysical surveys for exploratory or development wells, road or 
generating facility construction on the lease, architectural or 
engineering services procured for the design of generating facilities to 
be located on the lease, and environmental studies required by State or 
Federal law. To obtain credit towards meeting the significant 
expenditure requirement, the operator shall submit to the authorized 
officer a report of expenditures that qualify no later than 60 days 
after the end of the lease year in which the expenditures were made. 
Failure to make such expenditures shall subject the lease to 
cancellation.
    (iii) The operator shall not be allowed to change election during a 
period of extension, but shall continue either to make payments in lieu 
of production or make significant expenditures until such time as a well 
is drilled that is capable of producing geothermal resources in 
commercial quantities. Within 30 days of receipt of a request for 
extension, the authorized officer will notify the operator whether the 
report has been approved or disapproved or will request additional 
information from the operator if necessary.
    (d) Any lease on which there has been a suspension of operations or 
productions, or both, under Sec. 3205.3-8 of this title shall continue 
in effect for the life of the suspension and, at the end of the

[[Page 481]]

suspension, shall be extended for a period equal to that portion of the 
primary term during which the suspension was in effect.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17367, May 16, 1988; 54 
FR 13886, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3203.1-5  Segregation of leases on commitment to, or contraction of, cooperative or unit plan or communitization or drilling agreement.

    (a) Any lease committed to any cooperative plan, communitization 
agreement, drilling agreement, or unit plan, which covers lands within 
and lands outside the area covered by the plan or agreement, shall be 
segregated, as of the effective date of that plan or agreement, into 
separate leases, one covering the lands committed to that plan or 
agreement and the other as to the lands not so committed. The segregated 
lease covering the portion of the lands not subject to that plan or 
agreement shall not be entitled to an extension by reason of the 
segregation, but the term of the lease of such segregated lands shall be 
as provided in the original lease.
    (b) When only part of the land subject to a lease included in a 
cooperative plan, a communitization agreement, a drilling agreement, or 
a unit plan is excluded from that plan or agreement because of the 
contraction of the area subject to that plan or agreement, the part of 
the lease which is excluded and the part which remains subject to the 
plan or agreement shall be segregated into separate leases. The term of 
the segregated lease composed of the excluded land shall not be extended 
because of production in commercial quantities or the existence of a 
producible well on the segregated lease remaining subject to the 
cooperative or unit plan or the communitization or drilling agreement or 
because actual drilling operations were at the time of contraction being 
conducted on that other lease, but the term of the lease composed of the 
excluded land shall be as provided in the original lease.
    (c) Where all the land subject to a lease included in a cooperative 
plan, a communitization agreement, a drilling agreement, or a unit plan 
is excluded from that plan or agreement because of the contraction of 
the area subject to that plan or agreement, the term of the lease shall 
not be extended because of production in commercial quantities or the 
existence of a producible well on the lands remaining subject to the 
cooperative or unit plan or the communitization or drilling agreement or 
because actual drilling operations were being conducted on the other 
lands, but the term of the lease shall be as provided in the original 
lease.
    (d) Contraction of a unit or cooperative plan or a communitization 
or drilling agreement causing all or part of the land in the lease to be 
excluded from such plan or agreement shall not serve to extend the term 
of such lease excluded by reason of the contraction where the 10-year 
primary term has already expired.



Sec. 3203.1-6  Conversion to mineral leases or mining claims.

    (a) If the byproducts capable of being produced in commercial 
quantities are leasable under the Mineral Leasing Act of February 25, 
1920 as amended and supplemented (30 U.S.C. sections 181-287), or under 
the Mineral Leasing Act for Acquired Lands (30 U.S.C. sections 351-359), 
and the leasehold is primarily valuable for the production thereof, the 
lessee shall be entitled to convert his geothermal lease to a mineral 
lease under and subject to all the terms and conditions of the 
appropriate act, provided the lands and its resources are available for 
this purpose, upon application at any time before expiration of the 
lease extension by reason of byproduct production.
    (b) The lessee shall be entitled to locate under the mining laws all 
minerals which are not leasable and which would constitute a byproduct 
if commercial production or utilization of geothermal steam continued. 
The lessee, to acquire the rights herein granted him, shall complete the 
location of mining claims within 90 days after the termination of the 
geothermal lease, provided the lands and its resources are available for 
location.
    (c) Any lease converted under paragraph (a) or (b) of this section 
affecting lands withdrawn or acquired in aid of a function of a Federal 
department or

[[Page 482]]

agency, including the Department of the Interior, shall be subject to 
such additional terms and conditions as may be prescribed by that 
department or agency with respect to the additional operations or 
effects resulting from such conversion upon the utilization of the lands 
for the purpose for which they are administered.



Sec. 3203.2  Lease acreage limitation.

    (a) A geothermal lease may not embrace more than 2,560 acres in a 
reasonably compact area, except where a departure is occasioned by an 
irregular subdivision or subdivisions, entirely within an area of 6 
miles square or within an area not exceeding six surveyed or protracted 
sections in length or width measured in cardinal directions. A lease 
offer may not exceed 2,560 acres except where the rule of approximation 
applies.
    (b) No lease shall be issued for less than 640 acres, except at the 
discretion of the Secretary. The Secretary may issue a lease for less 
than 640 acres where geothermal resources will be utilized for non-
electrical purposes.
    (c) Where a departure is occasioned by an irregular subdivision, the 
leased acreage may be less than 640 acres by an amount which is smaller 
than the amount by which the area would be more than 640 acres if the 
irregular subdivision were added.
    (d) The authorized officer may add isolated tracts of more or less 
than 640 acres in nearby sections, to a lease application where it is 
determined that such addition is necessary for the proper management of 
the resource, provided the additional lands shall not cause the lessee 
to exceed the maximum acreage limitation as provided in Sec. 3201.2(a) 
of this title. However, prior to the issuance of such a lease based on 
the application as amended by the authorized officer, the applicant 
shall be given the option to refuse such a lease. Failure of the 
applicant to execute and return the lease within 30 days after receipt 
thereof shall constitute a withdrawal of the application, as amended, 
without further notice.
[44 FR 12038, Mar. 5, 1979, as amended at 53 FR 17367, May 16, 1988]



Sec. 3203.3  Consolidation of leases.

    Two or more contiguous leases issued to the same lessee may be 
consolidated if the total combined acreage does not exceed 2,560 acres. 
Except where a deacreage is caused by an irregular subdivision or 
subdivisions as stated in Sec. 3203.2 of this title.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17368, May 16, 1988]



Sec. 3203.4  Description of lands.

    Applications and nominations shall include a description of the 
lands sought to be included in a geothermal lease.
    (a) Surveyed lands. If the lands have been surveyed under the public 
land rectangular system, each application or nomination shall describe 
the lands by legal subdivision, section, township, and range.
    (b) Unsurveyed lands. If the lands have not been so surveyed, each 
application shall describe the lands by metes and bounds, giving courses 
and distances between the successive angle points on the boundary of the 
tract, in cardinal directions except where the boundaries of the lands 
are in irregular form, and connected by courses and distances to an 
official corner of the public land surveys or to a prominent topographic 
feature. In Alaska the description of unsurveyed lands must be connected 
by courses and distances to either an official corner of the public land 
surveys or to a triangulation station established by any agency of the 
United States (such as the U.S. Geological Survey, the Coast and 
Geodetic Survey, or the International Boundary Commission), if the 
record position thereof is available to the general public.
    (c) Protracted surveys. When protracted surveys have been approved 
and the effective date thereof published in the Federal Register, each 
application or nomination for lands shown on such protracted surveys, 
filed on or after such effective date, shall describe the lands 
according to the legal subdivision, section, township, and range shown 
on the approved protracted surveys.
    (d) Unsurveyed public lands adjacent to tidal waters in southern 
Louisiana and in

[[Page 483]]

Alaska. In lease applications embracing unsurveyed public lands adjacent 
to tidal waters in southern Louisiana and in Alaska, if the applicant 
finds it impracticable to furnish a metes and bounds description, as 
required in paragraph (b) of this section with respect to the water 
boundary, he may, at his option, extend the boundary of his application 
into the water a distance sufficient to permit complete enclosure of the 
water boundary of his application by a series of courses and distances 
in cardinal directions (the object being to eliminate the necessity of 
describing the meanders of the water boundary of the public lands 
included in the application). The description in the lease application 
shall in all other respects conform to the requirements of paragraph (b) 
of this section. Such description would not be deemed for any purpose to 
describe the true water boundaries of the lease, such boundaries in all 
cases being the ordinary high water mark of the navigable waters. The 
land boundaries of such overall area shall include only the public lands 
embraced in the application. The applicant shall agree to pay rental on 
the full acreage included within the description with the understanding 
that rights under any lease to be issued on that application will apply 
only to the areas within that description properly subject to lease 
under the act, but that the total area described will be considered as 
the lease acreage for purposes of rental payments, acreage limitations 
under Sec. 3201.2 of this chapter and the maximum or minimum area to be 
included in a lease pursuant to Sec. 3203.2. The tract should be shown 
in outline on a current quadrangle sheet published by the U.S. 
Geological Survey or such other map as will adequately identify the 
lands described.



Sec. 3203.5  Diligent exploration.

    Each geothermal lease shall include provisions requiring diligent 
exploration until there is a well(s) capable of commerical production on 
the leased lands. Diligent exploration means postlease field operations, 
conducted by the operator, on or related to the leased lands. Diligent 
exploration operations include, but are not limited to, geochemical 
surveys, heat flow measurement, core drilling or test drilling of test 
wells. To qualify as diligent exploration, the results and associated 
expenditures of operation shall be submitted to the authorized officer 
in accordance with applicable regulations. In addition, to qualify after 
the fifth year of the lease, operations shall exceed minimum per acre 
expenditure in accordance with the following table:

                                                                        
------------------------------------------------------------------------
                                                             Expenditure
                         Lease year                            per acre 
------------------------------------------------------------------------
6..........................................................          $4 
7..........................................................           6 
8..........................................................           8 
9..........................................................          10 
10-15......................................................          12 
------------------------------------------------------------------------


All expenditures qualifying as diligent exploration during the first 5 
years of a lease, and all expenditures during any subsequent year in 
excess of the minimum requirement, shall be credited by the authorized 
officer against the requirement for successive years. However, in lieu 
of performing the minimum required diligent exploration in any lease 
year in which a minimum requirement is specified, the lessee may 
exercise the option of paying an additional rental of $3 per acre or 
fraction thereof. Failure to either pay the additional rental or 
complete the minimum required diligent exploration by the end of a lease 
year shall subject the lease to cancellation. However, leases extended 
under Sec. 3203.1-4(c) shall not be required to perform diligent 
exploration.
[48 FR 17044, Apr. 20, 1983, as amended at 53 FR 17368, May 16, 1988; 54 
FR 13887, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3203.6  Plans of development and operation.

    No entry upon the leased lands for purposes other than casual use as 
defined in Sec. 3209.0-5 of this title will be permitted until either a 
notice of intent or a plan of operation has been approved.
    (a) The operator shall submit a notice of intent in accordance with 
Sec.  3264.4 of this title prior to entry upon the lands for purposes of 
conducting exploration operations as defined in Sec. 3209.0-5 of this 
title.

[[Page 484]]

    (b) The operator shall submit a plan of operation pursuant to 
Sec. 3262.4 of this title, prior to entry upon the leased lands for 
purposes of drilling exploratory and development wells, including 
construction of testing and production facilities, except as provided in 
paragraph (a) of this section. Subsequent well operations shall be 
conducted under a modified or amended plan of operations as provided in 
Sec. 3262.4-2 of this title.
[44 FR 12038, Mar. 5, 1979, as amended at 53 FR 17368, May 16, 1988]



Sec. 3203.7  Reservation to the United States of oil, hydrocarbon gas, and helium.

    The United States reserves the ownership of and the right to extract 
oil, hydrocarbon gas, and helium from all geothermal steam and 
associated geothermal resources produced from lands leased under the 
Act. Whenever the right to extract oil, hydrocarbon gas, and helium, 
from geothermal steam and associated geothermal resources produced from 
such lands is exercised, it shall be exercised so as to cause no 
substantial interference with the production of geothermal resources 
from such lands.
[38 FR 35082, Dec. 21, 1973. Redesignated at 48 FR 17045, Apr. 20, 1983]



Sec. 3203.8  Compensation for drainage; compensatory royalty.

    (a) Upon a determination by the authorized officer that lands owned 
by the United States are being drained of geothermal resources by wells 
drilled on adjacent or cornering lands, the authorized officer may 
execute agreements with the owners of adjacent or cornering lands 
whereby the United States, or the United States and its lessees, shall 
be compensated for such drainage, such agreements to be made with the 
consent of any operating rights owner affected thereby. The precise 
nature of any agreement will depend on the conditions and circumstances 
involved in the particular case.
    (b) Where land in any lease is being drained of its geothermal 
resources by a well either on a Federal lease issued at a lower rate of 
royalty or on land not the property of the United States, the operating 
rights owner shall drill and produce all wells necessary to protect the 
leased lands from drainage. In lieu of drilling such wells, the 
operating rights owner may, with the consent of the authorized officer, 
pay compensatory royalty in the amount determined in accordance with 
Sec. 3262.3 of this title.
[38 FR 35082, Dec. 21, 1973. Redesignated at 48 FR 17045, Apr. 20, 1983, 
and amended at 53 FR 17368, May 16, 1988]



Sec. 3203.9  Readjustment of terms and conditions.

    (a) (1) Except as otherwise provided by law, the terms and 
conditions of any geothermal lease may be readjusted as determined by 
the authorized officer at not less than 10-year intervals beginning 10 
years after the date the geothermal resource is produced and utilized 
commercially for any purpose including the generation of electricity.
    (2) At such time as the geothermal resource is being commercially 
produced, the authorized officer shall give notice to the lessee, by 
written decision, of any proposed readjustment of the terms and 
conditions of the lease and the nature thereof, and unless the lessee 
files with the authorized officer an objection to the proposed terms and 
conditions or relinquishes the lease within 30 days after receipt of 
such notice, the lessee shall be deemed conclusively to have agreed to 
such terms and conditions. If the lessee files objections, and agreement 
cannot be reached between the authorized officer and the lessee within a 
period of 60 days, the lease may be terminated by either party, subject 
to the provisions of Sec. 3000.4 of this chapter. If the lessee files 
objections to the proposed readjusted terms and conditions, the existing 
terms and conditions will remain in effect until there has been an 
agreement between the authorized officer and the lessee on the new terms 
and conditions to be applied to the lease or until the lease is 
terminated. The readjustment of any terms concerning rental and royalty 
rates will be subject to Sec. 3205.3 of this chapter.
    (b) Any readjustment of the terms and conditions of any lease of 
lands withdrawn or acquired in aid of a function of a Federal department 
or agency

[[Page 485]]

may be made only with the approval of that other agency.
[44 FR 12038, Mar. 5, 1979. Redesignated at 48 FR 17045, Apr. 20, 1983]



   Subpart 3204--Surface Management Requirements; Special Requirements



Sec. 3204.1  General.

    A lessee shall comply with all of the standard lease terms and 
conditions, any special lease stipulations added by the authorized 
officer and all Geothermal Resource Operational Orders issued pursuant 
to 43 CFR 3261.2.
[48 FR 17045, Apr. 20, 1983]



                Subpart 3205--Fees, Rentals and Royalties



Sec. 3205.1  Payments.



Sec. 3205.1-1  Form of remittance.

    All remittances shall be by U.S. currency, postal money order or 
negotiable instrument payable in U.S. currency and shall be made payable 
to the Department of the Interior--Bureau of Land Management or the 
Department of the Interior--the Minerals Management Service, as 
appropriate. In the case of payments made to the Service, such payments 
may also be made by electronic funds transfer.
[49 FR 11637, Mar. 27, 1984]



Sec. 3205.1-2  Where submitted.

    (a)(1) All filing fees for lease applications or offers or for 
applications for approval of an instrument of transfer and all first-
year advance rentals and bonuses for leases issued under Group 3200 of 
this title shall be paid to the proper BLM office.
    (2) All second-year and subsequent rentals and deferred bonus 
amounts payable after the initial payment for leases shall be paid to 
the Service.
    (b) All royalties on producing leases, communitized leases in 
producing well units, unitized leases in producing unit areas, leases on 
which compensatory royalty is payable and all royalty payments under 
easements for directional drilling are to be paid to the Service.
[49 FR 11637, Mar. 27, 1984, as amended at 49 FR 39330, Oct. 5, 1984; 53 
FR 17368, May 16, 1988]



Sec. 3205.2  Filing fees.

    (a) No filing fee is required for competitive lease applications.
    (b) Applications for noncompetitive leases, including future 
interest leases, shall be accompanied by a nonrefundable filing fee of 
$75 for each application.
    (c) Applications for approval of a transfer of a lease or any 
interest therein shall be accompanied by a nonrefundable filing fee of 
$50 for each separate transfer.
    (d) No filing fee is required for requests or nominations for 
parcels to be offered for competitive sale.
[53 FR 17368, May 16, 1988]



Sec. 3205.3  Rentals and royalties.



Sec. 3205.3-1  Payment with application.

    Each application shall be accompanied by payment of the first-year's 
advance rental of $1 per acre or fraction thereof based on the total 
acreage included in the application, except that no advance rental 
payment is required with an application for a future interest. An 
application accompanied by a payment of the first-year's advance rental 
which is deficient by not more than 10 percent shall be accepted by the 
authorized officer provided all other requirements are met, but if the 
additional rental is not paid within 30 days after receipt of notice the 
application shall be rejected or the lease, if issued, will be 
cancelled. If the annual rental established for the lease to be issued 
is more than $1 per acre or fraction thereof, the applicant shall submit 
the additional rental due within 30 days after receipt of notice or the 
application shall be rejected.
[38 FR 35082, Dec. 21, 1973, as amended at 48 FR 6337, Feb. 14, 1983; 48 
FR 17045, Apr. 20, 1983; 53 FR 17368, May 16, 1988]



Sec. 3205.3-2  Payment of annual rental.

    (a) Annual rental in the amount specified in the lease which shall 
be not less than $1 per acre or fraction thereof

[[Page 486]]

must be paid in advance and must be received by the designated Service 
office on or before the anniversary date of the lease. If there is no 
well on the leased lands capable of producing geothermal resources in 
commercial quantities, the failure to pay rental on or before the 
anniversary date shall terminate the lease by operation of law, except 
as provided by Sec. 3244.2 of this title.
    (b) If, on the anniversary date of the lease, less than a full year 
remains in the lease term, the rentals shall be payable in the same 
proportion as the period remaining in the lease term is to a full year. 
The rentals shall be prorated on a monthly basis for the full months, 
and on a daily basis for the fractional month remaining in the lease 
term. For the purpose of prorating rentals for a fractional month, each 
month will be deemed to consist of 30 days.
    (c) If the term of a lease for which prorated rentals have been paid 
is further extended to or beyond the next anniversary date of the lease, 
rentals for the balance of the lease year shall be due and payable on 
the 1st day of the first month following the date through which the 
prorated rentals were paid. If the rentals are not paid for the balance 
of the lease year, the lease will be subject to cancellation. However, 
if the anniversary date occurs before the end of the notice period, the 
rental for the following lease year shall nevertheless be due on the 
anniversary date and failure to pay the full rental for that year on or 
before that date shall cause the lease to terminate automatically by 
operation of law except as provided by Sec. 3244.2 of this title. The 
lessee shall not be relieved of liability for rental due for the balance 
of the previous lease year.
    (d) If the payment is due on a day in which the designated Service 
office is closed, payment received on the next official working day 
shall be deemed to be made on time.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17368, May 16, 1988]



Sec. 3205.3-3  [Reserved]



Sec. 3205.3-4  Fractional interests.

    Rentals and minimum royalties payable under leases for lands in 
which the United States owns only an undivided present or future 
fractional interest shall not be prorated, but shall be paid for the 
full acreage in the leased lands. However, royalty on production from 
such lands shall be payable in the same proportion to the royalty 
provided for in Sec. 3205.3-5 of this title as the undivided fractional 
interest of the United States in the geothermal resources is to the full 
geothermal resources interest.
[47 FR 5004, Feb. 3, 1982]



Sec. 3205.3-5  Royalty on production.

    Royalty shall be paid at the following rates on geothermal 
resources:
    (a) A rate, as set forth in the lease, of not less than 10 per 
centum and not more than 15 per centum of the amount or value of steam, 
or any other form of heat or energy derived from production under the 
lease and sold or utilized by the lessee or reasonably susceptible to 
sale or utilization by the lessee;
    (b) A rate as set forth in the lease, of not more than 5 per centum 
of any byproduct derived from production under the lease and sold or 
utilized or reasonably susceptible of sale or utilization by the lessee, 
except that as to any byproduct which is a mineral named in section 1 of 
the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 
181), the rate of royalty for such mineral shall be the same as that 
provided in that Act and the maximum rate of royalty for such mineral 
shall not exceed the maximum royalty applicable under that Act;
    (c) In no event shall the royalty on any producing lease for any 
lease year, commencing with the lease year beginning on or after the 
commencement of production in commercial quantities, be less than $2 per 
acre or fraction thereof, and this minimum royalty, in lieu of rental, 
shall be payable at the expiration of each lease year.

[[Page 487]]



Sec. 3205.3-6  Royalty on commercially demineralized water.

    All geothermal leases issued pursuant to the provisions of this 
group shall provide for the payment to the lessor of a royalty on 
commercially demineralized water at a rate to be specified in the lease 
of not more than 5 per centum of the value of such commercially 
demineralized water that has been sold or utilized by the lessee or is 
reasonably susceptible of sale or utilization by the lessee, except that 
no payment of a royalty will be required on such water if it is used in 
plant operation for cooling or in the generation of electric energy or 
otherwise.



Sec. 3205.3-7  Waiver, suspension or reduction of rental or royalty.

    (a) The authorized officer may waive, suspend, or reduce the rental 
or royalty for any lease or portion thereof in the interests of 
conservation and to encourage the greatest ultimate recovery of 
geothermal resources if he determines that this is necessary to promote 
development or that the lease cannot be successfully operated under the 
lease terms. No waiver, suspension or reduction of rental or royalty 
will be granted where the only reason for the request for such relief is 
the unavailability of power generating facilities to utilize the 
geothermal steam.
    (b) An application hereunder shall be filed with the authorized 
officer and shall:
    (1) Contain the serial number of the leases and the names of the 
lessee and operator; (2) show the number, location, and status of each 
well that has been drilled, a tabulated statement for each month 
covering a period of not less than 6 months prior to the date of filing 
the application of the aggregate amount of production subject to royalty 
computed in accordance with the operating regulations, the number of 
wells counted as producing each month, and the average production per 
well per day; (3) contain a detailed statement of expenses and costs of 
operating the lease, the income from the sale of any leased products and 
all facts tending to show whether the wells can be successfully operated 
using the royalty or rental fixed in the lease; and (4) where the 
application is for a reduction in royalty, furnish full information as 
to whether royalties or payments out of production are paid to others 
than to the United States, the amounts so paid, and the efforts made to 
reduce them. The applicant must also file agreements of the holders to a 
comparable reduction of all other royalties from the leasehold to an 
aggregate not in excess of one-half the Government royalties.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17368, May 16, 1988]



Sec. 3205.3-8  Suspension of operations and production or suspension of operations.

    (a) A suspension of all operations and production on a producing 
lease may, upon application by the operating rights owner, be consented 
to by the authorized officer, including cases where the operator is 
prevented from continuing production, despite the exercise of due care 
and diligence, by matters beyond the operator's reasonable control. 
Applications for suspensions of all operations and production shall be 
filed in the proper BLM office. Complete information showing the 
necessity for such relief shall be furnished.
    (b) The authorized officer may, in the interest of conservation, 
direct the suspension of operations on any lease.
    (c) The term of any lease shall be extended by adding thereto the 
period of the suspension, and no lease shall be deemed to expire during 
any suspension.
    (d) A suspension shall take effect as of the time specified in the 
direction or assent of the authorized officer and shall last for the 
period specified in the order or approval, except as provided in 
paragraphs (f) and (g) of this section.
    (e) Rental or minimum royalty payments shall be suspended during any 
period of suspension directed or assented to by the authorized officer 
beginning with the first day of the lease month in which the suspension 
becomes effective or, if the suspension becomes effective on any date 
other than the first day of a lease month, beginning with the first day 
of the lease month following such effective date. Rental or minimum 
royalty payments shall resume on the first day of the

[[Page 488]]

lease month in which the suspension is terminated. Where rentals are 
creditable against royalties and have been paid in advance, proper 
credit shall be allowed on the next rental or royalty due under the 
terms of the lease.
    (f) Where operations only or all operations and production have been 
suspended on a lease and the authorized officer approves resumption of 
operations only or all operations and production, such resumption shall 
be regarded as terminating the suspension, including the suspension of 
rental or minimum royalty payments, as provided in paragraph (e) of this 
section.
    (g) Whenever it appears from information obtained by or furnished to 
the authorized officer that the interest of the lessor requires 
additional drilling or producing operations, he/she may, by written 
notice, order the beginning or resumption of such operations.
    (h) The relief authorized under this section also may be obtained 
for any leases included within an approval unit or cooperative plan or 
development and operation. Unit or cooperative plan obligations shall 
not be suspended by relief obtained under this section but shall be 
suspended only in accordance with the terms and conditions of the 
specific unit or cooperative plan.
[53 FR 17368, May 16, 1988]



Sec. 3205.3-9  Readjustments.

    The rentals and royalties of any geothermal lease may be readjusted 
at not less than 20-year intervals beginning 35 years after the date 
geothermal steam is produced as determined by the authorized officer. In 
the event of any such readjustment neither the rental nor royalty paid 
during the preceding period shall be increased by more than 50 per 
centum, and in no event shall the royalty payable exceed 22\1/2\ per 
centum. Each geothermal lease shall provide for such readjustment. The 
authorized officer shall give notice of any proposed readjustment of 
rental or royalties. Unless the lessee relinquishes the lease within 30 
days after receipt of such notice, he shall conclusively be deemed to 
have agreed to such terms and conditions. If the lessee files a protest, 
and no agreement can be reached between the authorized officer and the 
lessee within a period of 60 days, the lease may be terminated by either 
party, subject to the provisions of Sec. 3000.4 of this title. If the 
lessee files a protest to the proposed readjusted terms and conditions, 
the existing terms and conditions shall remain in effect until there has 
been an agreement between the authorized officer and the lessee on the 
new terms and conditions to be applied to the lease or until the lease 
is terminated, except payments of any proposed readjusted rentals and 
royalties shall be paid in the timely manner prescribed in these 
regulations and may be paid under protest. The readjusted terms and 
conditions shall be effective as of the end of the term being adjusted.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17369, May 16, 1988]



Sec. 3205.4  Rental and minimum royalty liability of lands committed to cooperative or unit plans.



Sec. 3205.4-1  Prior to production.

    All lands within any lease committed to an approved cooperative or 
unit plan shall at all times prior to production on any of the lands so 
committed remain subject to rental in accordance with Sec. 3205.3 of 
this title.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17369, May 16, 1988]



Sec. 3205.4-2  After production.

    As soon as production is obtained on or for any lands included in an 
approved cooperative or unit plan those lands which are included within 
the participating area of the producing well shall become liable for 
royalties in accordance with subpart 3205 of this title. All other 
unitized lands, shall remain subject to rental in accordance with 
Sec. 3205.3 of this title.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17369, May 16, 1988]



                        Subpart 3206--Lease Bonds



Sec. 3206.1  Bond obligations and filing.



Sec. 3206.1-1  Bond obligations.

    (a) A surety of personal bond conditioned upon compliance with the 
terms and conditions of the entire leasehold(s) covered by the bond 
shall be

[[Page 489]]

submitted by the lessee, operating rights owner (sublessee), or operator 
prior to commencement of drilling operations.
    (b) Surety bonds shall be issued by qualified surety companies 
approved by the Department of the Treasury (see Department of the 
Treasury Circular No. 570).
    (c) Personal bonds shall be accompanied by:
    (1) Certificate of deposit issued by a financial institution, the 
deposits of which are Federally insured, explicitly granting the 
Secretary full authority to demand immediate payment in case of default 
in the performance of the terms and conditions of the lease. The 
certificate shall explicitly state on its face the Secretarial approval 
is required prior to redemption of the certificate of deposit by any 
party;
    (2) Cashier's check;
    (3) Certified check;
    (4) Negotiable Treasury securities of the United States of a value 
equal to the amount specified in the bond. Negotiable Treasury 
securities shall be accompanied by a proper conveyance to the Secretary 
of full authority to sell such securities in case of default in the 
performance of the terms and conditions of a lease; or
    (5) Irrevocable letter of credit issued by a financial institution, 
the deposits of which are Federally insured, for a specific term, 
identifying the Secretary as sole payee with full authority to demand 
immediate payment in case of default in the performance of the terms and 
conditions of a lease. Letters of credit shall be subject to the 
following conditions:
    (i) The letter of credit shall be issued only by a financial 
institution organized or authorized to do business in the United States;
    (ii) The letter of credit shall be irrevocable during its terms. A 
letter of credit used as security for any lease upon which drilling has 
taken place and final approval of all abandonment has not been given, or 
as security for a statewide or nationwide lease bond, shall be forfeited 
and shall be collected by the authorized officer if not replaced by 
other suitable bond or letter of credit at least 30 days before its 
expiration date;
    (iii) The letter of credit shall be payable to the Bureau of Land 
Management upon demand, in part or in full, upon receipt from the 
authorized officer of a notice of attachment stating the basis therefor, 
e.g., default in compliance with the lease terms and conditions or 
failure to file a replacement in accordance with paragraph (c)(5)(ii) of 
this section;
    (iv) The initial expiration date of the letter of credit shall be at 
least 1 year following the date it is filed in the proper BLM office; 
and
    (v) The letter of credit shall contain a provision for automatic 
renewal for periods of not less than 1 year in the absence of notice to 
the proper BLM office at least 90 days prior to the originally stated or 
any extended expiration date.
[53 FR 22847, June 17, 1988; 53 FR 31958, Aug. 22, 1988]



Sec. 3206.1-2  Filing.

    A single originally executed copy of a bond on the appropriate form 
approved by the Director shall be filed in the proper BLM office. 
Nationwide bonds may be filed in any Bureau State office (see 
Sec. 1821.2-1).
[53 FR 17369, May 16, 1988; 53 FR 31867, Aug. 22, 1988]



Sec. 3206.2  Lease bond.

    A lease bond may be posted by a lessee, operating rights owner 
(sublessee), or operator, in an amount of not less than $10,000 for each 
lease conditioned upon compliance with all of the terms of the lease. 
Where 2 or more principals have interests in different portions of the 
lease, separate bonds may be posted. The operator on the ground shall be 
covered by a bond in his/her name as principal, or in the name of the 
lessee or sublessee, provided that lessee or sublessee and surety 
consent is provided.
[53 FR 17369, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3206.3  Liability.

    Where a bond is furnished by an operating rights owner (sublessee) 
or operator, the Secretary may bring suit

[[Page 490]]

thereon without joining the lessee if he/she is not a party to the bond.
[53 FR 17369, May 16, 1988]



Sec. 3206.4  Statewide bond.

    In lieu of bonds required under this subpart, the lessee, operating 
rights owner (sublessee), or operator may furnish a bond in an amount of 
not less than $50,000 for full statewide coverage for all geothermal 
leases in the applicable State.
[53 FR 22847, June 17, 1988]



Sec. 3206.5  Nationwide bond.

    In lieu of bonds required under this subpart, the lessee, operating 
rights owner [sublessee], or operator may furnish a bond in an amount of 
not less than $150,000 for full nationwide coverage for all geothermal 
leases.
[53 FR 22847, June 17, 1988]



Sec. 3206.6  Unit operator's bond.

    In lieu of individual lease, statewide, or nationwide bonds for 
operations conducted on leases committed to an approved unit agreement, 
the unit operator may furnish a unit operator bond in the manner set 
forth in Sec. 3206.1-1 of this title. The amount of such a bond shall be 
determined by the authorized officer. The format for such a surety bond 
is set forth in Sec. 3286.2 of this title. Where a unit operator is 
covered by a nationwide or statewide bond, coverage for such a unit may 
be provided by a rider to such bond specifically covering the unit and 
increasing the bond in such amount as may be determined appropriate by 
the authorized officer.
[53 FR 22848, June 17, 1988]



Sec. 3206.7  Default.



Sec. 3206.7-1  Payment by surety.

    Where upon a default the surety makes payment to the Government of 
any indebtedness due under a lease, the face amount of the surety bond 
and the surety's liability thereunder shall be reduced by the amount of 
such payment.



Sec. 3206.7-2  Penalty.

    Thereafter, upon penalty of cancellation of all of the leases 
covered by that bond, the principal shall post a new nationwide bond in 
the amount of $150,000 or a new statewide bond in the amount of $50,000 
as the case may be, within 6 months after notice, or within such shorter 
period as the authorized officer may fix. However, in lieu thereof, the 
principal may within that time file separate bonds for each lease.



Sec. 3206.8  Applicability of provisions to existing bonds.

    The provisions of these regulations may be made applicable to any 
oil and gas nationwide or statewide bond by filing in the proper BLM 
office a written consent to that effect and an agreement to be bound by 
the provisions of this section executed by the principal and surety. 
Upon receipt thereof the bond will be deemed to be subject to the 
provisions of these regulations.
[38 FR 35082, Dec. 21, 1973, as amended at 48 FR 17045, Apr. 20, 1983]



Sec. 3206.9  Termination of period of liability.

    The period of liability of any lease shall not terminate until all 
lease terms and conditions have been fulfilled.
[53 FR 17369, May 16, 1988]



        Subpart 3207--Leases for a Fractional or Future Interest

    Source:  47 FR 5004, Feb. 3, 1982, unless otherwise noted.



Sec. 3207.1  General.

    Leases for lands in which the United States owns only a fractional 
or future interest in geothermal resources may be issued whenever the 
public interest will be best served thereby. Where the United States 
owns both a present and a future interest in the geothermal resources in 
a tract, these interests may be leased separately or together at the 
discretion of the authorized officer.



Sec. 3207.2  Noncompetitive leases.



Sec. 3207.2-1  Qualifications.

    Qualifications for noncompetitive lease applicants for either a 
fractional present or future interest in geothermal resources will be 
the same as

[[Page 491]]

those appearing in subpart 3202 of this title with the exception that 
applicants for a lease of a noncompetitive future interest shall own, 
hold, or control at least 50 percent of the present operating rights in 
the geothermal resources.



Sec. 3207.2-2  Applications.

    Applications for a noncompetitive lease for either a fractional 
present or future interest in geothermal resources owned by the United 
States shall be filed and adjudicated in accordance with subpart 3210 of 
this title except for qualifications in Sec. 3207.2-1 of this title. In 
addition, such applications shall include:
    (a) A statement describing the extent of the applicant's present or 
future operating rights to the geothermal resources in a tract other 
than those resources owned by the United States in the lands covered by 
the application, together with:
    (1) A certified abstract of title or certificate of title containing 
record evidence of the creation of such interest(s) in the geothermal 
resources (abstracts will be returned to the applicant when final action 
has been taken on the application), and
    (2) A copy of the lease or contract if the applicant has acquired 
any of the operating rights to the described interest(s).
    (b) The name of the Government agency administering the surface 
lands that must consent before a lease can be issued; or
    (c) The name of the agency that may have records establishing 
ownership of the geothermal resources involved; and
    (d) Identification of the project, if any, of which the lands are a 
part.



Sec. 3207.2-3  Leasing.

    (a) A lease of a fractional present interest shall contain the same 
terms and conditions, including the rentals, as are included in leases 
for lands in which the United States owns the full interest in the 
geothermal resources. The acreage of the lease shall be chargeable 
according to Sec. 3201.2 of this title.
    (b) A lease of a future Federal geothermal interest shall become 
effective on the date that the interest in the geothermal resources 
vests in the United States. The terms and conditions of the lease shall 
be the same as for a noncompetitive lease of a present interest issued 
under this part. The acreage in the lease shall become chargeable 
according to Sec. 3201.2 of this title when the lease becomes effective.
    (c) No rental or royalty shall be due to the United States prior to 
the vesting of the mineral rights in the United States. However, as 
consideration for the issuance of a noncompetitive future interest 
geothermal lease, the lessee shall agree that if, prior to the vesting 
of the mineral rights in the United States:
    (1) The future interest lessee transfers all or a part of the 
lessee's present interests, such lessee shall file in the proper BLM 
office an assignment or transfer, in accordance with subpart 3241 of 
this title, of the future interest lease of the same type and proportion 
as the transfer of the present interest; and
    (2) The future interest lessee's present lease interests are 
relinquished, canceled, terminated, or expired, the future interest 
lease rights with the United States also shall cease and terminate to 
the same extent.
    (d) The authorized officer shall not:
    (1) Issue leases requiring consent of a Government agency until the 
applicant executes stipulations required by the consenting agency.
    (2) Issue a lease for the Federal interests in the geothermal 
resources on a parcel to a person who, with the Federal interest, would 
control less than 50 percent of all interest in the operating rights to 
the geothermal resources in a parcel, unless the Secretary determines it 
is in the public interest to do so.
[47 FR 5004, Feb. 3, 1982, as amended at 53 FR 17369, May 16, 1988]



Sec. 3207.2-4  Agency action on applications. [Reserved]



Sec. 3207.3  Competitive leasing.



Sec. 3207.3-1  Nominations for leases.

    No special form is required for requests or nominations of eligible 
parcels. Nominations or requests to have leases offered competitively 
for lands known to contain geothermal resources

[[Page 492]]

shall, to the extent possible, include the information required for 
noncompetitive leases under Sec. 3207.2-2 of this title.



Sec. 3207.3-2  Leasing.

    (a) Fractional or future interests in geothermal resources owned by 
the United States in lands situated within a KGRA shall only be 
available for leasing under the provisions of this subpart and the 
provisions of subpart 3220 of this title.
    (b) A lease of a future interest will become effective on the date 
that the interest in the geothermal resources vests in the United 
States. Its terms and conditions, including rental and royalty payments, 
shall be the same as for a lease of a present interest issued 
competitively under subpart 3220 of this title. The acreage in the lease 
shall become chargeable according to Sec. 3201.2 of this title when the 
lease becomes effective.
    (c) No rental or royalty shall be due to the United States prior to 
the vesting of the mineral rights in the United States. However, as 
consideration for the issuance of a competitive future interest 
geothermal lease, the lessee shall agree that if, prior to the vesting 
of the mineral rights in the United States:
    (1) The future interest lessee transfers all or a part of the 
lessee's present interests, such lessee shall file in the proper BLM 
office an assignment or transfer, in accordance with subpart 3241 of 
this title, of the future interest lease of the same type and proportion 
as the transfer of the present interest; and
    (2) The future interest lessee's present lease interests are 
relinquished, canceled, terminated, or expired, the future interest 
lease rights with the United States also shall cease and terminate to 
the same extent.
    (d) If the controlling owner or holder of the present rights in an 
offered tract, is not the high bidder at the lease sale, such party 
shall be given an opportunity to meet the highest bona fide bid 
submitted for the tract. Failure to do so within the time allowed, or 
failure to submit any bid for the offered tract, shall be considered a 
waiver of all rights to the competitive lease and the lease shall be 
awarded to the highest qualified bidder. In the event there are two or 
more holders of a present interest in an offered tract who have equal 
rights and are willing to meet the highest bona fide bid on the offered 
tract, the right to meet the highest bona fide bid shall be determined 
by a drawing conducted by the authorized officer within 30 days after 
the bids are opened. These provisions are in addition to the provisions 
under Sec. 3220.6 of this title.
    (e) The authorized officer shall not issue leases requiring consent 
of a Government agency until the highest bona fide bidder executes 
stipulations required by the consenting agency.
[47 FR 5004, Feb. 3, 1982, as amended at 53 FR 17369, May 16, 1988]



                        Subpart 3208--[Reserved]



        Subpart 3209--Geothermal Resources Exploration Operations



Sec. 3209.0-1  Purposes.

    (a) The regulations in this subpart establish procedures to be 
followed in conducting exploration operations on unleased public lands, 
the surface of which is administered by the Bureau, and on lands under a 
Federal lease for geothermal resources by the lessee. At the request of 
any other surface managing agency, the procedures in this part may be 
applied on a case by case basis to unleased public lands administered by 
such agency.
    (b) The rights obtained under this subpart do not include an 
exclusive right to prospect for geothermal resources on the land 
described in a Notice of Intent or any preference right to a geothermal 
resources lease.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17369, May 16, 1988; 53 
FR 31867, Aug. 22, 1988]



Sec. 3209.0-2  Objectives.

    The regulations in this subpart encourage exploration of the public 
lands for geothermal resources in a manner that is consistent with the 
management policy set forth in Sec. 1725.3 of this chapter. No 
exploration operations will be allowed if the authorized officer 
determines that such operations would be

[[Page 493]]

inconsistent with that policy. The authorized officer may suspend or 
terminate exploration operations upon due notice to the operator at any 
time if he determines that there is non-compliance with the terms and 
conditions of the Notice of Intent.



Sec. 3209.0-5  Definitions.

    As used in this subpart:
    (a) Exploration operations means any activity relating to the search 
for evidence of geothermal resources which requires physical presence 
upon public lands and which may result in damage to public lands or 
resources thereon. It includes, but is not limited to, geophysical 
operations, drilling of shallow temperature gradient wells, construction 
of roads and trails, and cross-country transit by vehicle over public 
lands. It does not include the casual use of public lands for geothermal 
resources exploration. It does not include core drilling for subsurface 
geologic information, except drilling of shallow temperature gradient 
wells, or drilling for geothermal resources; these activities will be 
authorized only by the issuance of a geothermal resources lease. The 
regulations in this subpart, however, are not intended to prevent 
drilling operations necessary for placing explosive charges for seismic 
exploration, nor do they affect the exclusive right of a lessee to drill 
for geothermal resources upon the land subject to his lease.
    (b) Notice of Intent means a Notice of Intent and Permit to Conduct 
Exploration Operations (Geothermal Resources).
    (c) Casual use means activities that involve practices which do not 
ordinarily lead to any appreciable disturbance or damage to lands, 
resources, and improvements. For example, activities which do not 
involve use of heavy equipment or explosives and which do not involve 
vehicle movement except over established roads and trails are casual 
use.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17370, May 16, 1988]



Sec. 3209.1  Notice of intent and permit to conduct exploration operations (geothermal resources).



Sec. 3209.1-1  Application.

    (a) Forms and where filed. Any persons desiring to conduct 
exploration operations under the regulations of this subpart shall, 
prior to entry upon the lands, file for approval with the authorized 
officer for the district in which the public lands are located a Notice 
of Intent on a form approved by the Director.
    (b) Requirements. The Notice of Intent will contain the following:
    (1) The name and address, including zip code, both of the person, 
association, or corporation for whom the operations will be conducted 
and of the person who will be in charge of the actual exploration 
activities;
    (2) A statement that the signers agree that exploration operations 
will be conducted pursuant to the terms and conditions listed on the 
approved form;
    (3) A brief description of the type of operations which will be 
undertaken;
    (4) A description of the lands to be explored by township;
    (5) A map or maps, available from state or Federal sources, showing 
the lands to be entered or disturbed by the proposed exploration 
operations; and
    (6) The approximate dates of the commencement and termination of 
exploration operations.



Sec. 3209.1-2  Review of Notice of Intent.

    The authorized officer will either approve or disapprove a Notice of 
Intent as promptly as practicable, but in any event within 30 calendar 
days after the date of the filing of the Notice of Intent. If the 
authorized officer shall disapprove a Notice of Intent, he shall explain 
in writing to the applicant the reasons for disapproval.



Sec. 3209.2  Exploration operations.

    No exploration operations will be conducted on public lands except 
pursuant to the terms of a Notice of Intent which has been approved by 
the authorized officer.

[[Page 494]]



Sec. 3209.3  Completion of operations.

    Upon completion of the exploratory operations, there shall be filed 
with the authorized officer a Notice of Completion of Exploration 
Operations. Within 90 days after the filing of such Notice of 
Completion, the authorized officer shall notify the party who had 
conducted the operations whether all the terms and conditions set out by 
the regulations in this subpart and in the Notice of Intent have been 
met, or whether additional measures shall be taken to correct any 
unacceptable damage to the lands, specifying the nature and extent of 
such measures.
[38 FR 35082, Dec. 21, 1973, as amended at 48 FR 17045, Apr. 20, 1983]



Sec. 3209.4  Bond requirement.



Sec. 3209.4-1  General.

    (a) Simultaneously with the filing of the Notice of Intent, and 
before the entry is made on the land, the party or parties filing the 
Notice of Intent must file with the authorized officer a surety company 
bond for each exploration operation in the amount of not less than 
$5,000, conditioned upon the full and faithful compliance with all of 
the terms and conditions of the regulations in this subpart and of that 
Notice of Intent.
    (b) A party shall be excused from compliance with the requirements 
of paragraph (a) of this section if he/she possesses either a nationwide 
bond in the amount of not less than $50,000 covering all exploration 
operations, or a statewide bond in the amount of not less than $25,000 
covering all exploration operations in the state in which the lands on 
which he/she has filed the Notice of Intent are situated, or a lease 
bond of not less than $10,000 furnished in accordance with Sec. 3206.2 
of this title.
[38 FR 35082, Dec. 21, 1973, as amended at 53 FR 17370, May 16, 1988]



Sec. 3209.4-2  Riders to existing bond forms.

    Holders of nationwide and statewide oil and gas exploration bonds 
shall be permitted, in lieu of furnishing additional bonds, to amend 
their bonds to include geothermal resources exploration operations.



Sec. 3209.4-3  Termination of period of liability.

    The authorized officer will not give his consent to the cancellation 
of the bond if an individual bond was submitted or to the termination of 
the period of liability if a State or nationwide bond was submitted, 
unless and until there has been compliance with all of the terms and 
conditions of the Notice of Intent. Should the authorized officer fail 
to notify the party within 90 days from the filing of Notice of 
Completion that all terms and conditions have been complied with or that 
additional corrective measures must be taken to rehabilitate the land, 
the period of liability under an individual bond or the period of 
liability for a particular exploration operation under a State or 
nationwide bond shall automatically terminate on the 91st day.



PART 3210--NONCOMPETITIVE LEASES--Table of Contents




              Subpart 3210--Noncompetitive Leases: General

Sec.
3210.1  Availability of land.
3210.2-1  Application.
3210.2-2  Submission of applications.
3210.2-3  Withdrawal of application.
3210.2-4  Amendment to lease.
3210.3  Determination of priorities.
3210.4  Rejections.

    Authority:  The Geothermal Steam Act of 1970, as amended (30 U.S.C. 
1001-1025).

    Source:  38 FR 35093, Dec. 21, 1973, unless otherwise noted.



              Subpart 3210--Noncompetitive Leases: General



Sec. 3210.1  Availability of land.

    (a) All lands subject to leasing that are not within a KGRA shall be 
available for lease application under the provisions of this subpart.
    (b) For those particular lands included in canceled, relinquished, 
expired, or terminated leases, the BLM State Office having jurisdiction 
shall post a description of such lands on the first working day of a 
calendar month. Such lands shall then be available for lease 
applications beginning on the first working day of the calendar

[[Page 495]]

month following posting. Applications received prior to the first 
working day of the month following posting shall be considered filed on 
that date.
[48 FR 6337, Feb. 14, 1983]



Sec. 3210.2-1  Application.

    An application for a lease shall be filed in an original and 2 
copies in the proper BLM office on a form approved by the Director. The 
original form, or a copy thereof, filled in by typewriter or printed 
plainly in ink, manually signed in ink and dated by the offeror, or the 
offeror's duly authorized agent or attorney-in-fact, shall be required. 
Copies shall be an exact reproduction on 1 page of both sides of the 
approved form without additions, omissions or other changes or 
advertising. The application shall be submitted in a sealed envelope 
marked Application for lease pursuant to 43 CFR part 3210. The 
application shall include a complete and accurate description of the 
lands applied for, which shall include all available lands, including 
reserved geothermal resources, within a surveyed or protracted section, 
or, if the lands are neither surveyed nor protracted and are described 
by metes and bounds, all the lands which will be included in a section 
when the lands are surveyed or protracted. The description of lands in 
an existing lease shall be conformed to a subsequent resurvey or amended 
protraction survey, whichever is appropriate.
[53 FR 17370, May 16, 1988]



Sec. 3210.2-2  Submission of applications.

    Applications for leases under this subpart shall be submitted only 
during application filing periods. An application filing period shall 
begin on the first working day of each calendar month and shall end at 
the close of business on the last working day of that month. No 
applicant shall file during the same application filing period a second 
application which overlaps any of the land covered by his first 
application. When an application is filed with the authorized officer, 
the date of filing shall be stamped on the envelope. The envelope 
containing the application shall remain sealed until the end of the 
application filing period during which the application is filed. On the 
first working day following the end of the application filing period all 
applications shall be opened, and it will be determined which 
applications are for lands included in a KGRA. In determining whether 
land included in an application is a KGRA because of competitive 
interest, no application submitted during any subsequent application 
filing period will be considered. Applications for land determined to be 
KGRA will be rejected. All other applications will be assigned priority 
according to the date of filing. If any application covers both land 
within a KGRA and land outside a KGRA, the applicant will be granted the 
opportunity to amend his application to exclude the portion included in 
a KGRA, and his amended application will be assigned priority according 
to the date of filing of his original application, but must comply with 
all other requirements of these regulations.
[38 FR 35093, Dec. 21, 1973, as amended at 48 FR 17045, Apr. 20, 1983]



Sec. 3210.2-3  Withdrawal of application.

    An application may not be withdrawn, either in whole or in part, 
unless the request is received by the proper BLM office before the lease 
or an amendment of the lease, whichever covers the land described in the 
withdrawal, has been signed on behalf of the United States even though 
the effective date of the lease is subsequent to the date of filing of 
the withdrawal, except where a separate conflicting lease has been 
signed on behalf of the United States covering the land described in the 
withdrawal.



Sec. 3210.2-4  Amendment to lease.

    If any of the land applied for was open to filing when the 
application was filed but is omitted from the lease for any reason and 
thereafter becomes available for noncompetitive leasing, the original 
lease will be amended to include the omitted land unless, before the 
issuance of the amendment, the proper BLM office receives a withdrawal 
of the lessee's application with respect to such land or such omitted 
lands have been determined to be within a KGRA. The lease term for the 
land added by such an amendment shall be

[[Page 496]]

the same as if the land had been included in the original lease when it 
was issued.



Sec. 3210.3  Determination of priorities.

    (a) No lease shall be issued before final action has been taken on 
(1) any prior application to lease the land, (2) any subsequent 
application to lease the land that is based upon a claimed preferential 
right, and (3) any petition for the renewal or reinstatement of an 
existing or former lease on the land.
    (b) Where a lease is issued before final action has been taken on 
such applications and petitions, it shall be canceled, and the advance 
rental returned, after due notice to the lessee, where the applicant or 
petitioner is found to be qualified and entitled to receive a lease of 
the land.
    (c) Applications for lease received in the mail or delivered on the 
same day will be deemed to have been simultaneously filed, and the right 
of priority and the order of processing will be determined by a public 
drawing.
    (d) Prior to the issuance of any lease, a determination shall be 
made as to whether or not the lands are within a KGRA. Applications for 
lands determined to be within any KGRA will be rejected.



Sec. 3210.4  Rejections.

    If, after the filing of an application for a noncompetitive lease 
and before the issuance of a lease, or amendment thereto, pursuant to 
that application, the land embraced in the application becomes included 
within a KGRA, the application will be rejected as to such KGRA lands. 
The authorized officer retains discretion to reject an application for a 
noncompetitive lease even though the tract for which application is made 
is not determined to be within a KGRA.



PART 3220--COMPETITIVE LEASES--Table of Contents




    Note:  The information collection requirements contained in part 
3220 of Group 3200 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3507 and assigned clearance number 1004-0074. The 
information is being collected to allow the authorized officer to 
determine the qualified bidder of the highest bonus bid for a 
competitive lease parcel. This information will be used in making those 
determinations. The obligation to respond is required to obtain a 
benefit.


(See 48 FR 24368, June 1, 1983)

                Subpart 3220--Competitive Leases: General

Sec.
3220.1  General.
3220.2  Notice of lease sale.
3220.2-1  Contents of notice.
3220.2-2  Detailed statement.
3220.3  Publication of the notice.
3220.4  Bidding requirements.
3220.5  Award of lease.

    Authority:  The Geothermal Steam Act of 1970, as amended (30 U.S.C. 
1001-1025).



                Subpart 3220--Competitive Leases; General



Sec. 3220.1  General.

    (a) Lands within a KGRA, except as provided under Sec. 3201.1 of 
this chapter, will be available for leasing on the effective date of 
these regulations.
    (b) The authorized officer will accept nominations to lease, or may 
on his own motion from time to time call for nominations to lease. 
Nominations may be withdrawn at any time.
[38 FR 35094, Dec. 21, 1973]



Sec. 3220.2  Notice of lease sale.



Sec. 3220.2-1  Contents of notice.

    The notice of lease sale shall state the time, date and place of the 
sale, shall include a general description of the lands offered for sale 
and information on where the detailed statement of the precise 
description and terms and conditions of the lease(s), including rental 
and royalty rates, as well as the form on which a bid(s) shall be 
submitted and where that form may be obtained. Remittances for 
competitive bids shall be submitted as required in the detailed 
statement of sale notice.
[53 FR 17370, May 16, 1988]



Sec. 3220.2-2  Detailed statement.

    The detailed statement shall contain information on when and where 
to submit bids, bidding requirements, required payments, lease terms and 
conditions, the description of the leasing

[[Page 497]]

units being offered and any other information that may be helpful to the 
prospective bidder.
[53 FR 17370, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3220.3  Publication of the notice.

    The notice of lease sale shall be published once a week for 3 
consecutive weeks in a newspaper of general circulation in the area in 
which the lands are situated or in such other publications as the 
authorized officer may determine appropriate. The successful bidder 
shall, prior to lease issuance, pay his/her proportionate share of the 
total cost of publication of the notice.
[53 FR 17370, May 16, 1988; 53 FR 31959, Aug. 22, 1988]



Sec. 3220.4  Bidding requirements.

    (a) A separate identified sealed bid shall be submitted for each 
lease unit. Each bidder shall submit with the bid a certified or 
cashier's check, bank draft, money order, or cash in the amount of one-
fifth of the amount bid. Execution and submission of a bid as prescribed 
in the detailed statement of lease sale constitutes certification of 
compliance with subpart 3202 of this title. Proof of qualifications to 
hold a lease shall be furnished upon the written request of the 
authorized officer in accordance with Sec. 3202.2 of this title.
    (b) All bidders are warned against violation of the provisions of 18 
U.S.C. 1860 prohibiting unlawful combination or intimidation of bidders.
    (c) If the lease is terminated by relinquishment, or for failure to 
make timely payment of annual rentals or for any other reason, any 
unpaid installments of the bonus bid shall be immediately due and 
payable to the lessor.
[44 FR 12039, Mar. 5, 1979. Redesignated at 48 FR 24369, June 1, 1983, 
and amended at 53 FR 17370, May 16, 1988]



Sec. 3220.5  Award of lease.

    (a) All sealed bids shall be opened at the place, date, and hour 
specified in the notice. No bids will be accepted or rejected at that 
time.
    (b) In the event that the Secretary determines to issue a lease, 
that lease shall be awarded to the highest responsible qualified bidder. 
High bids determined to be inadequate by the authorized officer shall be 
rejected.
    (c) If the authorized officer cannot issue a decision to accept or 
reject the high bid within 30 days, the high bidder shall be notified 
and informed in writing of the reason for the delay and when a decision 
is expected.
    (d) The right to reject any and all bids is reserved by the 
Secretary. If the high bid is rejected or is determined by the 
authorized officer to not be in compliance with the requirements set out 
in the detailed statement or the award notice, the bonus bid submitted 
with the bid shall be refunded; and
    (e) If the lease is awarded, 3 copies of the lease shall be sent to 
the successful bidder who shall, within 15 days of receipt of notice, 
sign and return the lease forms together with payment of the balance of 
the bonus bid, the first year's rental and the bidder's proportionate 
share of the notice of lease sale pubication costs. When the three 
copies of the lease are executed by the successful bidder and returned 
to the authorized officer, the lease will be executed by the authorized 
officer and a copy will be mailed to the lessee.
    (f) If the successful bidder fails to execute the lease or otherwise 
comply with the applicable regulations, the deposit will be forfeited 
and disposed of as provided in section 20 of the Act. In this event, the 
lands may be reoffered when it is determined, in the opinion of the 
authorized officer, that sufficient interest exists to justify a 
competitive lease sale.
[44 FR 12039, Mar. 5, 1979, as amended at 48 FR 17045, Apr. 20, 1983. 
Redesignated at 48 FR 24369, June 1, 1983, and amended at 53 FR 17370, 
May 16, 1988]



PART 3240--RULES GOVERNING LEASES--Table of Contents




    Note:  The information collection requirements contained in part 
3240 of Group 3200 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3507 and assigned clearance number 1004-0074. The 
information being collected to allow the authorized officer to determine 
if parties obtaining an interest in a lease are qualified to hold such 
interest. This information will be used

[[Page 498]]

in making those determinations. The obligation to respond is required to 
obtain a benefit.


(See 48 FR 24368, June 1, 1983)

            Subpart 3240--Rules Governing Leases  [Reserved]

                         Subpart 3241--Transfers

Sec.
3241.1  Transfers, interests, and qualifications.
3241.1-1  Transfers of record title.
3241.1-2  Transfers of operating rights.
3241.2  Requirements for filing of transfers.
3241.2-1  Place of filing and filing fee.
3241.2-2  Time of filing transfers.
3241.2-3  Forms and number of copies required.
3241.2-4  Description of lands.
3241.3  Bonds.
3241.4  Approval.
3241.5  Continuing responsibility.
3241.6  Production payments.
3241.7  Overriding royalty interests.
3241.7-1  General.
3241.7-2  Limitation of overriding royalties.
3241.8  Lease account status.
3241.9  Effect of transfer.

             Subpart 3242--Production and Use of Byproducts

3242.1  General.
3242.2  Production and use of commercially demineralized water as a 
          byproduct; production and use of other sources of water.
3242.2-1  General.
3242.2-2  Prohibition on production of commercially demineralized water.
3242.2-3  Water wells on geothermal areas.
3242.2-4  State water laws.

            Subpart 3243--Cooperative Conservation Provisions

3243.1  Cooperative or unit plans.
3243.2  Acreage chargeability.
3243.3  Communitization or drilling agreements.
3243.3-1  Approval.
3243.3-2  Requirements.
3243.4  Operating, drilling, development contracts or a combination for 
          joint operations.
3243.4-1  Approval.
3243.4-2  Requirements.
3243.4-3  Acreage chargeability.

               Subpart 3244--Terminations and Expirations

3244.1  Relinquishments.
3244.2  Automatic terminations and reinstatements.
3244.2-1  General.
3244.2-2  Exceptions.
3244.3  Cancellation of lease for noncompliance with regulations or 
          lease terms; notice; hearing.
3244.4  Expiration by operation of law.
3244.5  Removal of materials and supplies upon termination of lease.

    Authority:  The Geothermal Steam Act of 1970, as amended (30 U.S.C. 
1001-1025).

    Source:  38 FR 35097, Dec. 21, 1973, unless otherwise noted.



            Subpart 3240--Rules Governing Leases  [Reserved]



                         Subpart 3241--Transfers



Sec. 3241.1  Transfers, interests and qualifications.



Sec. 3241.1-1  Transfers of record title.

    The record title of leases may be assigned as to all or part of the 
leased acreage, except that no assignment shall be approved where (a) 
either the assigned or retained portions created by the assignment would 
be less than 640 acres, unless the total acreage in the lease being 
partially assigned includes an irregular subdivision, as provided in 
Sec. 3203.2 of this title in which case the assigned and retained 
portions may be less than 640 acres by an amount which is smaller than 
the amount by which the area would be more than 640 acres if the 
irregular subdivision were added, or (b) an undivided interest is 
created by assignment of a lease containing less than 640 acres, or (c) 
where the lease being assigned contains 640 acres or more, and undivided 
interest of less than 10 percent would be created in the leased acreage. 
An exception to the minimum acreage provision of this section may be 
made by the authorized officer where he finds such exception is 
necessary in the interest of conservation of the resources.
[38 FR 35097, Dec. 21, 1973, as amended at 48 FR 17045, Apr. 20, 1983; 
53 FR 17371, May 16, 1988]

[[Page 499]]



Sec. 3241.1-2  Transfers of operating rights.

    A working interest or operating right in a lease also may be 
transferred under this subpart.
[53 FR 17371, May 16, 1988]



Sec. 3241.2  Requirements for filing of transfers.



Sec. 3241.2-1  Place of filing and filing fee.

    A request for approval of a transfer of a lease or interest therein 
shall be filed in the proper BLM office and accompanied by a 
nonrefundable filing fee of $50. A transfer not accompanied by the 
required nonrefundable filing fee shall not be accepted and shall be 
returned.
[53 FR 17371, May 16, 1988]



Sec. 3241.2-2  Time of filing of transfers.

    (a) A request for approval of a transfer of a lease or of an 
interest therein, including a transfer of operating rights (sublease), 
shall be filed in the proper BLM office within 90 days from the date of 
execution. The 90-day filing period shall begin on the date the 
transferor signs and dates the transfer. If the transfer is filed after 
the 90th day, the authorized officer may require verification that the 
transfer is still in force and effect.
    (b) A separate transfer shall be filed in the proper BLM office for 
each geothermal lease involving transfers of record title or of 
operating rights (sublease). When transfers to the same person, 
association, including partnerships, or corporation, involve more than 1 
geothermal lease, 1 request for approval shall be sufficient.
[53 FR 17371, May 16, 1988]



Sec. 3241.2-3  Forms and number of copies required.

    A current form approved by the Director or an exact reproduction of 
the front and back thereof shall be used for each transfer of record 
title or of operating rights (sublease). A transfer filed on a form not 
currently in use shall be acceptable, unless such form has been declared 
obsolete by the Director prior to the filing of the transfer. Three 
copies of the form, including at least 1 originally executed copy, shall 
be filed in the proper BLM office.
[53 FR 17371, May 16, 1988]



Sec. 3241.2-4  Description of lands.

    Each transfer of record title shall describe the lands involved in 
the same manner as the lands are described in the lease, except no land 
description is required when 100 percent of the entire area encompassed 
in a lease is conveyed.
[53 FR 17371, May 16, 1988]



Sec. 3241.3  Bonds.

    Where a transfer does not create separate leases, the transferee, if 
the transfer so provides, may become a co-principal on the bond with the 
transferor. Any transfer which does not convey the transferor's record 
title in all of the lands in a lease shall also be accompanied by a 
consent of his/her surety to remain bound under the bond as to the lease 
retained by said transferor, if the bond, by its terms, does not contain 
such consent. If a party to the transfer has previously furnished a 
statewide or nationwide bond, as appropriate, no additional showing by 
such party is necessary as to the bond requirement.
[53 FR 17371, May 16, 1988]



Sec. 3241.4  Approval.

    The request for transfer of record title or of operating rights 
(sublease) shall be approved upon the execution of the forms by the 
authorized officer. Upon approval, a transfer shall be effective as of 
the first day of the lease month following the date of filing of the 
transfer. Transfers are approved for administrative purposes only. 
Approval does not warrant or certify that either party to a transfer 
holds legal or equitable title to a lease.
[53 FR 17371, May 16, 1988]



Sec. 3241.5  Continuing responsibility.

    (a) The transferor and his/her surety shall continue to be 
responsible for the performance of any obligation under the lease until 
the transfer is approved by the authorized officer. If a transfer of 
record title is not approved, the obligation of the transferor and its 
surety

[[Page 500]]

to the United States shall continue as if no such transfer had been 
filed for approval.
    (b) Upon approval, the transferee and his/her surety shall be 
responsible for the performance of all lease obligations notwithstanding 
any terms in the transfer to the contrary.
    (c) When a transfer of operating rights (sublease) is approved, the 
sublessee is responsible for all obligations under the lease rights 
transferred to the sublessee.
[53 FR 17371, May 16, 1988]



Sec. 3241.6  Production payments.

    If payments out of production are reserved, a statement must be 
submitted stating the details as to the amount, method of payment, and 
other pertinent items.



Sec. 3241.7  Overriding royalty interests.



Sec. 3241.7-1  General.

    (a) Overriding royalty interests in geothermal leases constitute 
accountable acreage holdings under these regulations.
    (b) If an overriding royalty interest is created which is not shown 
in the instrument of transfer, a statement shall be filed in the proper 
BLM office describing the interest.
    (c) All transfers of overriding royalty interests shall be filed for 
record in the proper BLM office within 90 days from the date of 
execution. Such interests shall not receive formal approval.
[38 FR 35097, Dec. 21, 1973, as amended at 48 FR 24369, June 1, 1983; 53 
FR 17371, May 16, 1988]



Sec. 3241.7-2  Limitation of overriding royalties.

    (a) Except as herein provided, an overriding royalty on the value of 
the output of all geothermal resources, or any of them, at the point of 
shipment to market may be created by assignment or otherwise: Provided, 
That, (1) the overriding royalty is not for less than one-fourth (\1/4\) 
of 1 percent of the value of such output, and does not exceed 50 percent 
of the rate of royalty due to the United States as specified in the 
geothermal lease, or as reduced pursuant to such lease, and (2) the 
overriding royalty, when added to overriding royalties previously 
created, does not exceed the maximum rate established herein.
    (b) The creation of an overriding royalty interest that does not 
conform to the requirements of paragraph (a) of this section shall be 
deemed a violation of the lease terms, unless the agreement creating 
overriding royalties provides (1) for a prorated reduction of all 
overriding royalties so that the aggregate rate of royalties does not 
exceed the maximum rate established in paragraph (a) of this section and 
(2) for the suspension of an overriding royalty during any period when 
the royalties due to the United States have been suspended pursuant to 
the terms of the geothermal lease.



Sec. 3241.8  Lease account status.

    Unless the lease account is in good standing as to the area covered 
by a transfer at the time the transfer is filed, or is placed in good 
standing before the transfer is acted upon, the request for approval of 
the transfer shall be denied.
[53 FR 17371, May 16, 1988]



Sec. 3241.9  Effect of transfer.

    A transfer of record title of the complete interest in a portion of 
the lands in a lease shall segregate the transferred and retained 
portions of the lease into separate and distinct leases. A transfer of 
an undivided record title interest in the entire leasehold or a transfer 
of operating rights (sublease) shall not segregate the lease into 
separate or distinct leases.
[53 FR 17371, May 16, 1988]



             Subpart 3242--Production and Use of Byproducts



Sec. 3242.1  General.

    Where the authorized officer determines that production, use, or 
conversion of geothermal steam under a geothermal lease is susceptible 
of producing a valuable byproduct or byproducts, including commercially 
demineralized water contained in or derived from such geothermal steam 
for beneficial use in accordance with

[[Page 501]]

applicable State water laws, the authorized officer shall require 
substantial beneficial production or use thereof, except where he/she 
determines that:
    (a) Beneficial production or use is not in the interest of 
conservation of natural resources;
    (b) Beneficial production or use would not be economically feasible; 
or
    (c) Beneficial production and use should not be required for other 
reasons satisfactory to him/her.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17371, May 16, 1988]



Sec. 3242.2  Production and use of commercially demineralized water as a byproduct, production, and use of other sources of water.



Sec. 3242.2-1  General.

    Except as provided in these regulations, or the lease, the lessee 
shall have the right to process fluids, including brine, condensate, and 
other fluids, which are associated with geothermal steam within lands 
subject to the geothermal lease for the purpose of developing, 
producing, and utilizing the commercially demineralized water recovered 
as a result of such processing.



Sec. 3242.2-2  Prohibition on production of commercially demineralized water.

    The lessee shall not be authorized to engage in the primary 
production of commercially demineralized water from the produced fluids 
contained in or derived from geothermal steam referred to in 
Sec. 3242.2-1 of this title, where such use would result in the undue 
waste of geothermal energy.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3242.2-3  Water wells on geothermal areas.

    All leases issued under these regulations shall be subject to the 
condition that, where the lessee finds only potable water in any well 
drilled for production of geothermal resources, the Secretary may, when 
the water is of such quality and quantity as to be valuable and useable 
for agricultural, domestic, or other purpose, acquire the well with 
casing installed in the well at the fair market value of the casing.



Sec. 3242.2-4  State water laws.

    Nothing in these regulations shall constitute an express or implied 
claim or denial on the part of the Federal Government as to its 
exemption from State water laws.



            Subpart 3243--Cooperative Conservation Provisions



Sec. 3243.1  Cooperative or unit plans.

    To conserve the natural resources of any geothermal pool, field or 
like area more properly, lessees and their representatives may unite 
with each other or jointly or separately with others, in collectively 
adopting and operating under a cooperative or unit plan of development 
or operation or any geothermal resource area, or any part thereof 
(whether or not any part of that geothermal resource area is then 
subject to any cooperative or unit plan of development or operation). 
Applications to unitize shall be filed with the authorized officer who 
shall certify whether such plan is necessary or advisable in the public 
interest. The procedure in obtaining approval of a cooperative or unit 
plan of development, the provisions for the supervision of the 
cooperative or unit plan, and a suggested text of an agreement, are 
contained in part 3280 of this title.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.2  Acreage chargeability.

    All leases committed to any unit or cooperative plan approved or 
prescribed by the authorized officer shall be excepted in determining 
holdings or control for purposes of acreage chargeability. For the 
extension of leases committed to a unit plan, see subpart 3203 of this 
title.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.3  Communitization or drilling agreements.



Sec. 3243.3-1  Approval.

    (a) When separate tracts under lease cannot be independently 
developed

[[Page 502]]

and operated in conformity with an established well-spacing or well-
development program, the authorized officer may approve or require 
lessees to enter into communitization or drilling agreements providing 
for the apportionment of production or royalties among the separate 
tracts of land comprising the drilling or spacing unit for the lease, or 
any portion thereof, with other lands, whether or not owned by the 
United States, when found in the public interest. Operations or 
production pursuant to such an agreement shall be deemed to be 
operations or production as to each lease committed thereto.
    (b) Preliminary requests to communitize separate tracts shall be 
filed in triplicate with the authorized officer.
    (c) Executed agreements shall be submitted to the authorized officer 
in sufficient number to permit retention of five copies after approval.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.3-2  Requirements.

    The agreement shall describe the separate tracts comprising the 
drilling or spacing unit, disclose the apportionment of the production 
or royalties to the several parties and the name of the operator, and 
shall contain adequate provisions for the protection of the interests of 
all parties, including the United States. The agreement shall be signed 
by or in behalf of all interested necessary parties and will be 
effective only after approval by the authorized officer.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.4  Operating, drilling, development contracts or a combination for joint operations.



Sec. 3243.4-1  Approval.

    (a) The authorized officer may, on such conditions as may be 
prescribed, approve operating, drilling or development contracts made by 
1 or more geothermal lessees, with 1 or more persons, associations, 
including partnerships, or corporations whenever the authorized officer 
determines that such contracts are required for the conservation of 
natural resources or are in the best interest of the United States.
    (b) Contracts submitted for approval under this section should be 
filed with the authorized officer together with enough copies to permit 
retention of five copies after approval.
    (c) The authority of the authorized officer to approve operating, 
drilling, or development contracts without regard to acreage limitations 
ordinarily shall be exercised only to permit operators to enter into 
contracts with a number of lessees sufficient to justify operations on a 
large scale for the discovery, development, production, or transmission, 
transportation, or utilization of geothermal resources, and to finance 
the same.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.4-2  Requirements.

    (a) The contract shall be accompanied by a statement showing all the 
interests held by the contractor in the area or field and the proposed 
or agreed plan of operation or development of the field. All the 
contracts held by the same contractor in the area or field should be 
submitted for approval at the same time, and full disclosure of the 
project made. Complete details shall be furnished so the authorized 
officer may have facts upon which to make a definite determination in 
accordance herewith and to prescribe the conditions on which approval of 
the contracts shall be made.
    (b) The application shall show a reasonable need for the contract 
and that it will not result in any concentration of control over the 
production or sale of geothermal resources which would be inconsistent 
with the antimonopoly provisions of law.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3243.4-3  Acreage chargeability.

    All leases operated under approved operating, drilling or 
development contracts shall be excepted in determining holdings or 
control for purposes of acreage chargeability.

[[Page 503]]



               Subpart 3244--Terminations and Expirations



Sec. 3244.1  Relinquishments.

    (a) A lease, or any legal subdivision thereof, may be surrendered by 
the record title holder or the holder's duly authorized agent by filing 
a written relinquishment in the proper BLM office. A partial 
relinquishment shall not reduce the remaining acreage in the lease to 
less than 640 acres, except where a departure is occasioned by an 
irregular subdivision. The minimum acreage provision may be waived by 
the authorized officer when it is determined that an exception is 
justified on the basis of exploratory and development data derived from 
activity on the leasehold. The relinquishment shall:
    (1) Describe the lands to be relinquished as described in the lease;
    (2) Include a statement as to whether the relinquished lands had 
been disturbed and if so whether they were restored as prescribed by the 
terms of the lease;
    (3) State whether wells had been drilled on the lands and if so 
whether they had been placed in condition for abandonment; and
    (4) Furnish a statement that all moneys due and payable to workmen 
employed on the leased premises have been paid.
    (b) A relinquishment shall take effect on the date it is filed, 
subject to the continued obligation of the lessee and his surety:
    (1) To make payments of all accrued rentals and royalties;
    (2) To place all wells on the land to be relinquished in condition 
for suspension of operations or abandonment;
    (3) To restore the surface resources in accordance with all 
regulations and the terms of the lease; and
    (4) To comply with all other environmental stipulations provided for 
by such regulations or lease. A statement must be furnished that all 
moneys due and payable to workmen employed on the leased premises have 
been paid.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3244.2  Automatic terminations and reinstatements.



Sec. 3244.2-1  General.

    Except as provided in Sec. 3244.2-2 of this title any lease will 
automatically terminate by operation of law if the lessee fails to pay 
the rental on or before the anniversary date of such lease. However, if 
the designated Service office is not open on the day a payment is due, 
payment received on the next day the designated Service office is open 
to the public shall be deemed timely made. The termination of the lease 
for failure to pay the rental must be noted on the official records of 
the proper BLM office.
[38 FR 35097, Dec. 21, 1973, as amended at 48 FR 6337, Feb. 14, 1983; 53 
FR 17372, May 16, 1988]



Sec. 3244.2-2  Exceptions.

    (a) Nominal deficiency. If the rental payment due under a lease is 
received on or before its anniversary date but the amount of the payment 
is deficient and the deficiency is nominal, the lease shall not have 
automatically terminated unless the lessee fails to pay the deficiency 
within the period prescribed in a Notice of Deficiency, or by the due 
date, whichever is later. A deficiency is nominal if it is not more than 
$10 or one percentum (1%) of the total payment due, whichever is more. 
The designated Service office shall send a Notice of Deficiency to the 
lessee. The Notice shall be sent by certified mail, return receipt 
requested, and shall allow the lessee 15 days from the date of receipt 
or until the due date, whichever is later, to submit the full balance 
due to the designated Service office. If the payment called for in the 
notice is not made within the time allowed, the lease will have 
terminated by operation of law as of its anniversary date.
    (b) Reinstatements. (1) Except as hereinafter provided, the 
authorized officer may reinstate a lease which has terminated 
automatically for failure to pay the full amount of rental due on or 
before the anniversary date, if it is shown to his satisfaction that 
such failure was either justifiable or not due to a lack of reasonable 
diligence on the part of the lessee (reasonable diligence shall

[[Page 504]]

include a rental payment that is postmarked by the U.S. Postal Service, 
common carrier, or their equivalent (not including private postal 
meters) on or before the lease anniversary date or, if the designated 
Service office is closed on the anniversary date, postmarked on the next 
day the Service office is open to the public); and a petition for 
reinstatement, together with the required rental, including any back 
rental which has accrued from the date of termination of the lease, is 
filed with the proper BLM office.
    (2) The burden of showing that the failure to pay on or before the 
anniversary date was justifiable or not due to lack of reasonable 
diligence will be on the lessee. Reasonable diligence normally requires 
sending or delivering payments sufficiently in advance of the 
anniversary date to account for normal delays in the collection, 
transmittal, and delivery of the payment. The authorized officer may 
require evidence, such as post office receipts, of the time of sending 
or delivery of payments.
    (3) Under no conditions will a lease be reinstated if (i) a valid 
lease has been issued prior to the filing of a petition for 
reinstatement affecting any of the lands covered by the terminated 
lease, or (ii) the interest in the lands has been withdrawn, disposed 
of, or has otherwise become unavailable for leasing. However, the 
authorized officer will not issue a new lease for lands covered by a 
lease which terminated automatically until 90 days after the date of 
termination.
    (4) Reinstatement of terminated leases is discretionary with the 
Secretary. The basic criterion in accordance with which this discretion 
will be exercised is whether the Secretary would be willing to issue a 
lease if a new lease offer for the same land were under consideration.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



Sec. 3244.3  Cancellation of lease for noncompliance with regulations or lease terms; notice; hearing.

    A lease may be canceled by the authorized officer for any violation 
of these regulations, the regulations in 43 CFR part 3260, or the lease 
terms, 30 days after receipt by the lessee of notice from the authorized 
officer of the violation, unless (a) the violation has been corrected, 
or (b) the violation is one that cannot be corrected within the notice 
period and the lessee has in good faith commenced within the notice 
period to correct the violation and thereafter proceeds diligently to 
complete the correction. A lessee shall be entitled to a hearing on the 
matter of any such claimed violation or proposed cancelation of lease if 
a request for a hearing is made to the authorized officer within the 30-
day period after notice. The procedures with respect to notice of such 
hearing and the conduct thereof, and with respect to appeals from 
decisions of Administrative Law Judges upon such hearings, shall follow 
insofar as practicable the procedural rules applicable to hearings and 
appeals in public lands cases within the jurisdiction of the Board of 
Land Appeals, Office of Hearings and Appeals, contained in Department 
Hearings and Appeals Procedures, part 4 of this title. The period for 
correction of violation or commencement to correct a violation of 
regulations or of lease terms, as aforesaid, shall be extended to 30 
days after the lessee's receipt of the Administrative Law Judge's 
decision upon such a hearing if the Administrative Law Judge shall find 
that a violation exists.



Sec. 3244.4  Expiration by operation of law.

    (a) Any lease for land on which, or for which under an approved 
cooperative or unit plan of development or operation, there is no 
production in commercial quantities, or a producing well, or actual 
drilling operations being diligently prosecuted, will expire at the end 
of its primary term without notice to the lessee. Notation of such 
expiration need not be made on the official records, but the lands 
previously covered by that expired lease will be subject to the filing 
of new applications for leases only as provided in these regulations.
    (b) Any lease that has continued beyond the end of its primary or 
extended term based on the existence of a well capable of producing 
geothermal resources in commercial quantities, shall

[[Page 505]]

expire 30 days after receipt of a decision from the authorized officer 
determining that diligent efforts are not being made toward utilization 
of geothermal resources; unless, during such 30-day period, the lessee 
provides the authorized officer satisfactory evidence that diligent 
efforts are in fact being made.
[38 FR 35097, Dec. 21, 1973, as amended at 54 FR 13887, Apr. 6, 1989 and 
55 FR 26443, June 28, 1990]



Sec. 3244.5  Removal of materials and supplies upon termination of lease.

    Upon the expiration of the lease, or the earlier termination thereof 
pursuant to this subpart, the lessee shall have the privilege at any 
time within a period of ninety (90) days thereafter of removing from the 
premises any materials, tools, appliances, machinery, structures, and 
equipment other than improvements needed for producing wells. Any 
materials, tools, appliances, machinery, structures, and equipment 
subject to removal, but not removed within the 90-day period, or any 
extension thereof that may be granted because of adverse climatic 
conditions during that period, shall, at the option of the authorized 
officer, become property of the lessor, but the lessee shall remove any 
or all such property where so directed by the lessor.
[38 FR 35097, Dec. 21, 1973, as amended at 53 FR 17372, May 16, 1988]



PART 3250--UTILIZATION OF GEOTHERMAL RESOURCES--Table of Contents




            Subpart 3250--Utilization of Geothermal Resources

Sec.
3250.0-1  Purpose.
3250.0-3  Authority.
3250.0-5  Definitions.
3250.0-6  Policy.
3250.1  Applications.
3250.1-1  Requirements for application.
3250.1-2  Who may hold licenses.
3250.2  Action on application.
3250.3  Environmental analysis.
3250.4  Actions not requiring a license.
3250.4-1  Research and demonstration projects.
3250.4-2  Individual well production utilization.
3250.5  Action required on designated lands.
3250.5-1  Withdrawn or reserved lands.
3250.5-2  Lands under the jurisdiction of the Forest Service.
3250.5-3  Lands subject to section 24 of the Federal Power Act.
3250.5-4  Lands not subject to license.
3250.6  Licenses.
3250.6-1  Area covered by license.
3250.6-2  License provisions.
3250.6-3  Annual rental.
3250.7  Bonds.
3250.8  Assignments and transfers.
3250.9  Relinquishment, expiration, or termination of license.

    Authority:  Secs. 3 and 24, Geothermal Steam Act of 1970, as amended 
(30 U.S.C. 1001-1025).

    Source:  44 FR 20391, Apr. 4, 1979, unless otherwise noted.



            Subpart 3250--Utilization of Geothermal Resources



Sec. 3250.0-1  Purpose.

    The purpose of this subpart is to establish procedures for the 
utilization of Federal lands under geothermal lease by persons who have 
purchased or otherwise acquired the production of geothermal steam and 
geothermal resources.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17045, Apr. 20, 1983]



Sec. 3250.0-3  Authority.

    These regulations are issued pursuant to the Geothermal Steam Act of 
1970 (30 U.S.C. 1001-1025) which authorizes the Secretary of the 
Interior to prescribe rules and regulations for the development, 
utilization, and conservation of geothermal steam resources, protection 
of the public interest, prevention of waste, and protection of water 
quality and other environmental qualities. The right to use lands under 
geothermal lease for the purpose of utilizing geothermal resources may 
be exercised only in accordance with these regulations.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17045, Apr. 20, 1983; 53 
FR 17372, May 16, 1988]



Sec. 3250.0-5  Definitions.

    As used in this subpart, the term:
    (a) Licensee means the individual, partnership, corporation, 
association, municipality or governmental unit which is authorized to 
use public lands

[[Page 506]]

for the construction of facilities and utilization of geothermal 
resources pursuant to this subpart.
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (c) Proper BLM office means the State office of the Bureau of Land 
Management which administers the land subject to the geothermal lease.
    (d) Utilization site means that tract of Federal lands under 
geothermal lease authorized for utilization of geothermal energy 
including, but not limited to, substations, switch yards, waste disposal 
and storage facilities, utility service lines, transmission lines, 
loading docks, processing plants, greenhouses, gasohol plants, crop 
dryers and appurtenant structures.
    (e) Joint Utilization Agreement means the arrangement between the 
holder of a geothermal resource lease and a third party for utilization 
of geothermal steam and associated geothermal resources produced from a 
leasehold, for operation of utilization facilities.
    (f) Federal Geothermal Lease means a lease issued under the 
Geothermal Steam Act of 1970 pursuant to the leasing regulations 
contained in part 3200 of this title.
    (g) Producible well means a well capable of producing geothermal 
steam or geothermal resources in commercial quantities as defined in 43 
CFR 3260.0-5 (f) and (g).
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.0-6  Policy.

    It is the policy of this Department to encourage the development and 
utilization of geothermal resources leased under the Geothermal Steam 
Act of 1970 in an environmentally acceptable manner. Granting of a lease 
carries an implied right to reasonable access and land use for 
development. The provisions of these regulations shall be applied, 
however, in order to assure reasonable compatibility of any proposed 
utilization with other authorized uses and resource values of the land.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.1  Applications.



Sec. 3250.1-1  Requirements for application.

    Any lessee or any party to a joint utilization agreement or a sales 
contract who desires a license to use the surface of lands under Federal 
geothermal lease for construction of utilization facilities, other than 
as provided in part 3260 and Sec. 3250.4 of this title, shall file an 
application with the authorized officer.
    (a) An application for a license shall be filed in duplicate in the 
proper BLM office.
    (b) Each application must be accompanied by a non-refundable fee of 
$50.
    (c) No specific form is required.
    (d) Each application shall include:
    (1) A description of the land applied for by legal subdivision, 
section, township and range, or by approved protraction surveys, if 
applicable. If the lands have not been surveyed, the lands shall be 
described by metes and bounds, giving courses and distances between the 
successive angle points on the boundary of the tract and connected by 
courses and distances to an official corner of the public land surveys 
or a prominent readily identifiable geographic location. The approximate 
acreage involved shall be included as part of the description.
    (2) A map or maps showing the boundaries of the site and the 
location and dimensions of buildings, cooling towers or ponds, waste 
disposal or storage sites, switch yards, roads, pipelines, utility 
service lines, transmission lines and all other structures or facilities 
used in connection with the utilization of the geothermal steam and 
associated geothermal resources. In addition, the authorized officer may 
require maps showing the general location of proposed facilities to be 
used in connection with utilization of the geothermal resources but 
outside the license area.
    (3) A description of the proposed facility including pertinent 
information about any substations included in the facility, indicating 
whether the proposed facility is to be interconnected with other 
facilities and whether the energy produced is to be sold to others or 
used by the applicant.

[[Page 507]]

    (4) A copy of any joint utilization agreement or sales contract 
entered into with a Federal geothermal lessee or lessees and the 
applicant for the utilization of geothermal steam and associate 
geothermal resources.
    (5) A statement showing the amount of merchantable timber, if any, 
to be cut, removed or destroyed in the construction of the proposed 
plant or facility, and a statement of agreement to deposit with the 
Bureau of Land Management, in advance of contruction, the dollar amount 
as determined by the authorized officer to be the full stumpage value of 
the timber to be cut, removed or destroyed.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.1-2  Who may hold licenses.

    Licenses shall be issued only to citizens of the United States, 
associations of such citizens, corporations organized under the laws of 
the United States, any State or the District of Columbia or governmental 
units, including, without limitations, municipalities.
[53 FR 17372, May 16, 1988]



Sec. 3250.2  Action on application.

    Where the authorized officer determines that an application is 
incomplete or not in conformity with the law or regulations, he shall 
notify the applicant of the deficiencies and provide an opportunity for 
correction of the deficiency.



Sec. 3250.3  Environmental analysis.

    The authorized officer shall complete, in a timely manner, any 
environmental review determined to be necessary to conform with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
[48 FR 17046, Apr. 20, 1983]



Sec. 3250.4  Actions not requiring a license.



Sec. 3250.4-1  Research and demonstration projects.

    A research and demonstration (R. & D.) project sited on a Federal 
geothermal lease consisting of a power generating facility of not more 
than 20 MW's electrical capacity and with a maximum life of five years 
from the date the facility becomes operational will not require a 
license under the regulations of this subpart. An R. & D. permit for a 
facility of 20 MW's or less shall be obtained from the Area Geothermal 
Supervisor under the provisions of 43 CFR part 3260. In the event an R. 
& D. project is proposed to be retained for commercial operation after 
the initial five-year period, a license shall be obtained under this 
subpart. Application for such a license may be submitted prior to 
construction or at any time during the 5 year permitted life period of 
the R. & D. project if conversion of the facility to a power plant is 
contemplated during the permit period. R. & D. permits granted under 43 
CFR part 3260 shall conform to the provisions of Sec. 3200.0-6 of this 
title.
[44 FR 20391, Apr. 4, 1979, as amended at 53 FR 17373, May 16, 1988]



Sec. 3250.4-2  Individual well production utilization.

    A license shall not be required for the purpose of installing a 
facility for testing or utilization of the production from an individual 
well for either electrical power generation or any non-electrical 
beneficial use. However, a license shall be required for any substation 
or facility for transmission or lease of more than 10 MW maximum output. 
In order to install such a facility, a permit shall be obtained from the 
authorized officer under the provisions of part 3260 of this title. 
Permits granted under part 3260 of this title shall conform with the 
requirements of Sec. 3200.0-6 of this title.
[44 FR 20391, Apr. 4, 1979, as amended at 53 FR 17373, May 16, 1988]



Sec. 3250.5  Action required on designated lands.



Sec. 3250.5-1  Withdrawn or reserved lands.

    (a) Where the land sought for utilization facilities for geothermal 
steam or associated geothermal resources is withdrawn or reserved for 
the use of a Federal Agency other than Interior, the authorized officer 
shall consult

[[Page 508]]

with such other agency before the license is issued. The license shall 
include any terms and conditions required by the surface managing 
agency.
    (b) Where the land sought for utilization facilities for geothermal 
resources is withdrawn or reserved for the use of an Interior agency, 
the authorized officer shall consult with such agency before the license 
is issued. The license shall include any terms and conditions deemed 
appropriate by the authorized officer.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.5-2  Lands under the jurisdiction of the Forest Service.

    Where the land sought for utilization facilities for geothermal 
resources is on any National Forest System lands, the authorized officer 
shall consult with and obtain the agreement of the Forest Service 
regarding the specific site selection before the license is issued. The 
license shall include terms and conditions required by the Forest 
Service for protection of National Forest resources and for multi-use 
management.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.5-3  Lands subject to section 24 of the Federal Power Act.

    Where the land sought for a power plant site utilizing geothermal 
steam or associated geothermal resources is subject to the provisions of 
section 24 of the Federal Power Act, as amended (16 U.S.C. 818), the 
license shall be issued subject to such terms and conditions as the 
Federal Energy Regulatory Commission, Department of Energy, may 
prescribe.



Sec. 3250.5-4  Lands not subject to license.

    No license shall be issued for lands which are not subject to 
leasing for development of geothermal resources, including, but not 
limited to, lands:
    (a) Administered as part of the national park system;
    (b) Within a national recreation system;
    (c) Within a fish hatchery administered by the Secretary, wildlife 
refuge, wildlife range, game range, wildlife management area, waterfowl 
production area, or for lands acquired or reserved for the protection 
and conservation of fish and wildlife that are threatened with 
extinction, or which are designated as rare and endangered species by 
the Secretary, or under active consideration for inclusion in such 
categories as evidenced by the filing of a application for a withdrawal 
or a proposed withdrawal; or
    (d) Held in trust or restricted status for an Indian tribe or 
individual, within or without the boundaries of an Indian reservation.



Sec. 3250.6  Licenses.



Sec. 3250.6-1  Area covered by license.

    (a) The area approved for the proposed utilization site shall be 
reasonably compact as determined by the authorized officer and shall be 
limited to as much of the surface of the lands applied for as the 
authorized officer determined necessary for the adequate utilization of 
the geothermal resources.
    (b) Prior to commencing any surface disturbance activities related 
to the construction of a utilization facility licensed under provisions 
of this group, a permit to construct a utilization facility shall be 
obtained from the authorized officer. The application for such permit 
shall be filed in triplicate under the regulations in part 3260 of this 
title.
[48 FR 17046, Apr. 20, 1983, as amended at 53 FR 17373, May 16, 1988]



Sec. 3250.6-2  License provisions.

    (a) A license for a utilization facility shall be granted for a 
primary term of 30 years with a preferential right to a renewal of such 
license under such terms and conditions as the authorized officer may 
deem appropriate.
    (b) A license shall include such terms and conditions as the 
authorized officer determines are necessary to protect the mineral, 
environmental, fish and wildlife, historical and scenic or other 
resource values of the public lands.
    (c) A license shall require a copy of any utility commission license 
or other Federal, State or local license or permit that is applicable to 
the proposed

[[Page 509]]

utilization facility to be furnished prior to commencement of any 
activity relating to plant operation.
[44 FR 20931, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983; 53 
FR 17373, May 16, 1988]



Sec. 3250.6-3  Annual rental.

    Rental at a rate to be determined by the authorized officer shall be 
paid annually, but said rental shall not be less than $100 per acre or 
fraction thereof if the utilization facility is for electrical 
generation, or not less than $10 per acre or fraction thereof if the 
utilization facility is for non-electrical purposes. The first year's 
rental shall be paid to the authorized officer before issuance of the 
license and thereafter the rental shall be payable annually on or before 
the anniversary date of the license. The license shall provide that, 
beginning with the tenth year, the rental for the lands embraced in the 
license shall be reassessed, excluding improvements due to development 
of the geothermal resources, at the discretion of the authorized officer 
upon notice to the licensee, but not more often than at 10 year 
intervals thereafter, except in extraordinary circumstances.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983; 53 
FR 17373, May 16, 1988]



Sec. 3250.7  Bonds.

    Bonds shall be either corporate surety bonds or personal bonds.
    (a) Surety bond. The licensee of an electrical generating facility 
shall furnish and maintain a surety bond of not less than $100,000, 
conditioned upon compliance with all the terms and conditions of the 
license. The licensee for a nonelectrical utilization facility may be 
required to furnish a surety bond in an amount specified by the 
authorized officer. The authorized officer may determine not to require 
a surety bond in circumstances where it is determined that the 
nonelectrical uses have a low potential for causing damage to the 
environment.
    (b) Personal bond. In lieu of a surety bond, the licensee may submit 
a personal bond accompanied by cash in an amount equal to the dollar 
amount of the bond or negotiable securities of the United States having 
a market value at the time of the deposit of not less than the required 
dollar amount of the bond.
    (c) Obligations under bond. The licensee shall comply with all the 
terms and conditions of the license under this subpart and shall be:
    (1) Liable for all damages to the lands or property of the United 
States caused by the licensee or his employees or contractors or 
employees of such contractors, and
    (2) Indemnify the United States against any liability for damages or 
injury to life, person or property arising from the occupancy or use of 
the lands under license. Where a utilization facility license is granted 
under this subpart to a State or other governmental agency which does 
not have the authority to assume such liability with respect to damages 
caused by it to lands or property, such agency shall be responsible for 
repair or all such damages.
[44 FR 20391, Apr. 4, 1979, as amended at 48 FR 17046, Apr. 20, 1983]



Sec. 3250.8  Assignments and transfers.

    (a) Any proposed transfers in whole or in part of any right, title 
or interest in the plant or facility licensed under this subpart shall 
be filed with the authorized officer. The application for transfer shall 
be accompanied by the same showing of qualifications of the transferee 
as is required of the applicant under this subpart, and shall be 
supported by a stipulation that the assignee shall comply with and be 
bound by all the terms and conditions of the license. No transfer shall 
be valid unless and until it is approved in writing by the authorized 
officer.
    (b) An application for approval of an assignment or transfer made 
pursuant to this section shall be accompanied by a nonrefundable filing 
fee of $50.
[44 FR 20391, Apr. 4, 1979, as amended at 53 FR 17373, May 16, 1988]



Sec. 3250.9  Relinquishment, expiration, or termination of license.

    (a) A licensee may surrender a license by filing a written 
relinquishment in the proper BLM office. The relinquishment shall 
include a statement as to whether the land covered by the

[[Page 510]]

license has been disturbed and, if so, whether it has been restored as 
prescribed by the terms and conditions of the license. The 
relinquishment shall not be accepted until the requirements for 
reclamation of the land have been met.
    (b) A license issued under this part may be terminated by written 
order of the authorized officer for any violation of any applicable 
regulation or any license term or condition, after 30 days notice. 
However, the termination shall not take effect if within the 30 day 
notice period either (1) the violation is corrected or (2) the licensee 
has commenced in good faith to correct the violation and shall 
thereafter proceed diligently to correct the violation where the 
violation is such that it cannot be corrected within the notice period. 
If a request for appeal is filed within the 30 day notice period, then 
the licensee shall be entitled to a hearing on the claimed violation and 
the termination in accordance with part 4 of this title. In the event 
such appeal is timely filed, the period for commencement to correct such 
violation shall be extended to 30 days after a final decision is 
rendered if it is found that a violation exists.
    (c) Upon the relinquishment, expiration, or termination of the 
license, the licensee shall, if directed by the authorized officer, 
remove all structures, machinery, and other equipment from the land 
covered by the license. Any structures, machinery, or equipment allowed 
to remain on the land shall become the property of the United States on 
the expiration of the period allowed for removal of same. Removal of 
such property shall be at the licensee's expense.
    (d) The licensee shall, for a period of not more than six months, 
maintain any equipment and facilities needed, as determined by the 
authorized officer, for the protection of any wells from which 
production was being utilized by the licensee.
    (e) Where land covered by a license has been disturbed, the licensee 
shall within one year following the relinquishment, expiration, or 
termination of a license issued under this part restore the land in 
accordance with the terms and conditions of the license. Additional time 
may be granted by the authorized officer upon a showing of good cause by 
the licensee. The bond required by Sec. 3250.7 of this title shall not 
be released until the reclamation has been completed to the satisfaction 
of the authorized officer.
[44 FR 20391, Apr. 4, 1979, as amended at 53 FR 17373, May 16, 1988]



PART 3260--GEOTHERMAL RESOURCES OPERATIONS--Table of Contents




    Note  1: (a) The information collection requirement contained in 
Sec. 3262.4 is needed to document planned operations on geothermal 
leases. This information will be used to evaluate technical feasibility 
and environmental impacts of geothermal operations on Federal lands. The 
obligation to respond is mandatory. Clearance under 44 U.S.C. 3507 is 
not required by 44 U.S.C. 3506(c)(5).
    (b) The information collection requirement contained in Sec. 3264.3 
has been approved by the Office of Management and Budget under 44 U.S.C. 
3507 and assigned clearance number 1004-0132. The information is being 
collected to document exploration expenditures for which diligence 
credit is desired. This information will be used to determine if 
expenditures qualify as diligent exploration under 43 U.S.C. 3203.5. The 
obligation to respond is required to obtain a benefit.

[47 FR 24130, June 3, 1982. Redesignated at 48 FR 44788, Sept. 30, 1983, 
and amended at 53 FR 17375, May 16, 1988]


    Note  2: The information collection requirements contained in part 
3260 have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 and assigned clearance number 1004-0132. The information is 
being collected to evaluate the technical feasibility and environmental 
impacts of geothermal operations on Federal lands. Clearance number 
1004-0132 also covers information required by Sec. 3264.3 as is required 
to document exploration expenditures for which diligence credit is 
desired in accordance with Sec. 3203.5. A response is required to obtain 
a benefit.

[53 FR 17375, May 16, 1988]

    Note  3: There are many leases and agreements currently in effect, 
and which will remain in effect, involving Federal geothermal resources 
leases which specifically refer to the United States Geological Survey, 
USGS, Minerals Management Service, MMS, or Conservation Division. These 
leases and agreements may also specifically refer to various officers 
such as Supervisor, Conservation

[[Page 511]]

Manager, Deputy Conservation Manager, Minerals Manager, and Deputy 
Minerals Manager. In addition, many leases and agreements specifically 
refer to title 30 CFR part 270 or specific sections thereof. Those 
references must now be read in the context of Secretarial Order 3087 and 
now mean either the Bureau of Land Management or the Minerals Management 
Service as appropriate.

(See 48 FR 44788, Sept. 30, 1983)

         Subpart 3260--Geothermal Resources Operations: General

Sec.
3260.0-1  Purpose.
3260.0-2  Policy.
260.0-3  Authority.
260.0-5  Definitions.

              Subpart 3261--Jurisdiction and Responsibility

3261.1  Jurisdiction.
3261.2  Responsibility of authorized officer.
3261.3  Regulation of operations.
3261.4  Required samples, tests, and surveys.
3261.5  Drilling and abandonment of wells.
3261.6  Well spacing and well casing.
3261.7  Values and payment for losses.

  Subpart 3262--Requirements for Operating Rights Owners and Operators

3262.1  Lease terms, regulations, waste, damage, and safety.
3262.2  Conduct of operations.
3262.2-1  Local representative.
3262.3  Drilling and producing obligations.
3262.4  Plan of operation.
3262.4-1  Plan of utilization.
3262.4-2  Subsequent well operations, construction of new production 
          facilities, and alteration of existing production facilities.
3262.5  Well designations.
3262.5-1  Well records.
3262.5-2  Samples, tests, and surveys.
3262.5-3  Directional survey.
3262.5-4  Well control.
3262.5-5  Well abandonment.
3262.6  Pollution.
3262.6-1  Noise abatement.
3262.6-2  Land subsidence and seismic activity.
3262.6-3  Pits and sumps.
3262.7  Accidents.
3262.7-1  Workmanlike operations.
3262.8  Departure from orders.
3262.9  Pilot operations or facility testing.

                 Subpart 3263--Measurement of Production

3263.1  Measurement of geothermal resources.
3263.2  Determination of content of by-products.
3263.3  Commingling production.

             Subpart 3264--Reports To Be Made by All Lessees

3264.1  General requirements.
3264.2  Applications for permit to drill, redrill, deepen, or plug-back.
3264.2-1  Application for utilization permit.
3264.2-2  Sundry notices and reports on wells.
3264.2-3  Log and history of well.
3264.2-4  Monthly report of operations.
3264.2-5  Monthly report of facility operations.
3264.3  Report of expenditures for diligent exploration operations.
3264.4  Public inspection of records.

Subpart 3265--Procedure in Case of Violation of the Regulations or Lease 
                                  Terms

3265.1  Noncompliance with regulations or lease terms.

                          Subpart 3266--Appeals

3266.1  Appeals.

    Authority:  30 U.S.C. 1001-1025.

    Source:  38 FR 35068, Dec. 21, 1973, unless otherwise noted. 
Redesignated at 48 FR 44788, Sept. 30, 1983.



         Subpart 3260--Geothermal Resources Operations: General



Sec. 3260.0-1  Purpose.

    The Geothermal Steam Act (30 U.S.C. 1001-1025) authorizes the 
Secretary of the Interior to prescribe rules and regulations applicable 
to operations conducted under leases granted pursuant to that Act, and 
for the development, conservation and utilization of geothermal steam 
and associated geothermal resources, the prevention of waste, the 
protection of the public interest and the protection of water quality 
and other environmental qualities.
[48 FR 44788, Sept. 30, 1983]



Sec. 3260.0-2  Policy.

    The regulations in this part shall be administered by the Director, 
Bureau of Land Management.
[48 FR 44788, Sept. 30, 1983]



Sec. 3260.0-3  Authority.

    These regulations are issued under the authority of the Geothermal 
Steam Act, as amended (30 U.S.C. 1001-1025)

[[Page 512]]

and Order Number 3087, dated December 3, 1982, as amended on February 7, 
1983 (48 FR 8983), under which the Secretary consolidated and 
transferred the onshore minerals management functions of the Department, 
except mineral revenue functions and the leasing of restricted Indian 
lands, to the Bureau of Land Management.
[48 FR 44788, Sept. 30, 1983]



Sec. 3260.0-5  Definitions.

    As used in the regulations in this part, the term:
    (a) Lessee means a person or entity holding record title in a lease 
issued by the United States.
    (b) Operator means any person or entity, including but not limited 
to the lessee, operating rights owner (sublessee), or facility operator, 
who has stated in writing to the authorized officer that it is 
responsible under the terms and conditions of the lease for the 
operations conducted on the leased lands or a portion thereof.
    (c) Operating rights owner means a person or entity holding 
operating rights in a lease issued by the United States. A lessee also 
may be an operating rights owner if the operating rights in a lease or a 
portion thereof have not been severed from record title.
    (d) Waste means (1) physical waste,as that term is generally 
understood; (2) waste of reservoir energy through inefficiency, improper 
use of or unnecessary dissipation of reservoir energy; (3) the location, 
spacing, drilling, equipping, operating, or producing of any geothermal 
well or wells in a manner which causes or tends to cause reduction in 
the quantity of geothermal energy ultimately recoverable from a 
reservoir under prudent and workmanlike operations or which tends to 
cause unnecessary or excessive surface or subsurface loss or destruction 
of geothermal energy; and (4) the inefficient transmission of geothermal 
energy from the source (wellhead) to point of utilization.
    (e) Directionally drilled well means the deviation of a well bore 
from the vertical or from its normal course in an intended predetermined 
direction or course with respect to the points of the compass. 
Directionally drilled well shall not include a well deviated for the 
purpose of straightening a hole that has become crooked in the normal 
course of drilling or holes deviated at random without regard to compass 
direction in an attempt to sidetrack a portion of the hole on account of 
mechanical difficulty in drilling.
    (f) Geothermal resources operational order or GRO order means a 
formal numbered order, issued by the authorizd officer, with the prior 
approval of the Director, which implements the regulations in this part 
and applies to operations in an area, region, or any significant portion 
thereof.
    (g) Producible well means a well which is capable of producing 
geothermal resources in commercial quantities.
    (h) Commercial quantities means quantities sufficient to provide a 
return after all variable costs of production have been met.
    (i) Exploration operations means any activities, relating to the 
search for evidence of geothermal resources, which require physical 
presence upon the leased lands and which may result in damage to the 
leased lands or the resources contained within. It includes, but is not 
limited to, geophysical operations, drilling and coring of shallow 
temperature gradient wells, construction of roads and trails, and cross-
country transit by vehicle. It does not include casual use activities 
associated with geothermal resources exploration. In addition, it does 
not include core drilling to obtain subsurface geologic information, 
except in conjunction with the drilling of shallow temperature gradient 
wells, nor does it include the drilling for, the testing of, or the 
production of geothermal resources. However, these limitations do not 
preclude the drilling of holes necessary for the emplacement of 
explosive charges for certain geophysical operations nor do they affect 
the right to drill for, test, or produce the geothermal resources on 
lands subject to his lease.
    (j) Casual use means activities that involve practices that do not 
ordinarily lead to any appreciable disturbance or damage to lands, 
resources, or improvements. For example, activities

[[Page 513]]

that do not involve use of heavy equipment or explosives and that do not 
involve vehicle movement except over established roads and trails are 
casual use.
    (k) Individual Production Well Facility means a facility located on 
a Federal geothermal lease that utilizes geothermal resources from a 
single well for electrical power generation or for nonelectrical 
purposes and which has an output of not more than 10-megawatt net 
capacity or heat energy equivalent.
    (l) Research and Demonstration Facility, means a facility located on 
a Federal geothermal lease which: (1) Utilizes geothermal resources from 
one or more wells, (2) has an output of not more than 20-megawatt net 
capacity or heat energy equivalent, and (3) will be utilized exclusively 
for the research and demonstration of applications for the utilization 
of geothermal resources during an intitial project life of not more than 
5 years from the date the facility becomes operational.
    (m) Plant Facility means a facility located on a Federal geothermal 
lease, other than an Individual Well Production Facility or a Research 
and Development Facility, that utilizes geothermal resources for 
electric power generation or nonelectric purposes.
    (n) Utilization Facility Site means that portion of an area of 
operations for which a plan of utilization, filed pursuant to 
Sec. 270.34-1 of this part, has been approved for the siting of an 
Individual Production Well Facility, a Research and Demonstration 
Facility, or a Plant Facility, including appurtenant structures.
    (o) Facility operator means the operator, licensee, or the 
individual, corporation, association, or municipality that operates any 
facility on a Federal geothermal lease for the beneficial utilization of 
geothermal resources.
    (p) Joint Facility Operating Agreement means an agreement between an 
operating rights owner or licensee and another party for the siting, 
construction, and operation of facilities for the utilization of the 
geothermal resources produced from a Federal geothermal lease or leases.
[43 FR 13833, Mar. 31, 1978, as amended at 44 FR 37588, June 27, 1979; 
47 FR 28370, June 30, 1982. Redesignated and amended at 48 FR 44788, 
44789, Sept. 30, 1983, further amended at 53 FR 17373, May 16, 1988]



              Subpart 3261--Jurisdiction and Responsibility



Sec. 3261.1  Jurisdiction.

    Drilling, production, construction, and operation of any facility 
for the utilization of geothermal resources and handling and measurement 
of production, and, in general, all operations conducted on a geothermal 
lease are subject to the regulations in this group. These operations are 
subject to the jurisdiction of the authorized officer for the area in 
which the leased lands are situated.
[48 FR 44789, Sept. 30, 1983]



Sec. 3261.2  Responsibility of authorized officer.

    The authorized officer is authorized and directed to carry out the 
provisions of this part. The authorized officer shall require compliance 
with the terms of geothermal leases, with the regulations in this group 
and with the applicable statutes. The authorized officer shall act on 
all applications, requests, and notices required in this part. In 
executing the functions under this part, the authorized officer shall 
ensure that all permitted operations conform to the best practice and 
are conducted in a manner that protects the deposits of the leased lands 
and results in the maximum ultimate recovery and the beneficial 
utilization of geothermal resources, with minimum waste. The authorized 
officer shall also ensure that all permitted operations are consistent 
with the principles of the use of the lands for other purposes and the 
protection of the environment. As conditions in one area may vary widely 
from conditions in another area, the regulations in this part are 
intended to be general in nature. Detailed procedures hereunder in any 
particular area will be covered by GRO Orders. The requirements to be 
set forth

[[Page 514]]

in GRO Orders relating to surface resources or uses will be coordinated 
with the appropriate land management agency if other than BLM. The 
authorized officer may issue oral orders to govern lease operations, but 
such orders shall be confirmed in writing by the authorized officer as 
promptly as possible. The authorized officer may issue other orders and 
instructions to govern the development, method for production and the 
utilization of a deposit, field or area. Prior to issuance of GRO 
Orders, other written orders and instructions, or the approval of any 
plan of operation, the authorized officer shall consult with and receive 
comments from appropriate Federal and State agencies, operating rights 
owners, operators, and other interested parties. Before permitting 
operations to be commenced on the leased lands, the authorized officer 
shall determine if the lease is in good standing; whether the applicant 
has filed an acceptable bond, and has, when requried by the regulations 
in this part, an approved plan of operations and/or plan of utilization, 
notice of intent, Sundry Notice or other appropriate permit. Approval of 
a plan of operations or other permit does not warrant or certify that 
the applicant holds legal or equitable title to the subject lease(s) 
which would entitle the applicant to conduct operations.
[48 FR 44789, Sept. 30, 1983, as amended at 53 FR 17373, May 16, 1988]



Sec. 3261.3  Regulation of operations.

    (a)(1) All operations performed under this part shall be conducted 
so as to:
    (i) Prevent the unnecessary waste of or damage to geothermal or 
other resources;
    (ii) Protect the quality of surface and subsurface waters, air, and 
other natural resources, including wildlife, soil, vegetation, and 
natural history;
    (iii) Protect the quality of valuable cultural resources, including 
archeological, historical, scenic and recreational resources;
    (iv) Accommodate, as much as possible, other land uses;
    (v) Protect human and wildlife resources from harmful levels of 
noise;
    (vi) Prevent injury to life; and
    (vii) Prevent damage to property, particularly from subsidence.
    (2) The authorized officer shall inspect and supervise all 
operations under this part to ensure that the requirements of paragraph 
(a)(1) of this section are fulfilled, and shall issue such GRO Orders as 
are necessary to discharge this responsibility.
    (3) GRO Orders shall be enforceable under Sec. 3265.1 of this title.
    (b) The authorized officer, through coordination with appropriate 
Federal surface managing agencies and in cooperation with other 
concerned Federal, State, and local agencies, shall prepare an 
environmental assessment in connection with any and all plans submitted 
to the authorized officer pursuant to Sec. 3262.4-1 of this title.
    (1) The environmental assessment shall include a description of the 
proposed action, an evaluation of the potential impact of the proposed 
action on the affected area, a discussion of alternatives to the 
proposed action, and a description of the mitigating measures that will 
be applied to eliminate or reduce adverse impacts. The environmental 
assessment shall also include a statement of reasons as to whether or 
not an environmental impact statement (EIS) is required.
    (2) The authorized officer shall determine whether or not an 
environmental impact statement is required, based upon the findings and 
conclusions of the environmental assessment. If an environmental impact 
statement is required, it shall be prepared in accordance with the 
provisions of 40 CFR Group 1500.
    (3) The environmental assessment shall be considered by the 
authorized officer in determining the appropriate terms and conditions 
for approval of the submitted plan.
    (4) A copy of an environmental assessment completed under this 
section shall be submitted to the Geothermal Environmental Advisory 
Panel. All documents comprising such an assessment shall be made 
available for review to interested parties with the exception of those 
data which are subject to the provisions of Sec. 3264.5 of this title. 
Upon completion of an environmental assessment, the authorized officer 
shall take such measures as are appropriate to notify appropriate 
Federal, State, and local agencies, and the public, of

[[Page 515]]

the availability of the assessment for review.
[44 FR 37589, June 27, 1979. Redesignated and amended at 48 FR 44788, 
44789, Sept. 30, 1983]



Sec. 3261.4  Required samples, tests, and surveys.

    When necessary or advisable, the authorized officer shall require 
that adequate samples be taken and tests or surveys be made using 
acceptable techniques, without cost to the lessor, to determine the 
identity and character of formations; the presence of geothermal 
resources, water, or reservoir energy; the quantity and quality of 
geothermal resources, water or reservoir energy; the amount and 
direction of deviation of any well from the vertical: formation, casing, 
and tubing pressures, temperatures, rate of heat and fluid flow, and 
whether operations are conducted in a manner looking to the protection 
of the interests of the lessor.



Sec. 3261.5  Drilling and abandonment of wells.

    The authorized officer shall require that drilling be conducted in 
accordance with the terms of the lease, GRO orders, and the regulations 
in this group; and shall require plugging and abandonment of any well or 
wells no longer necessary for operations in accordance with plans 
approved or prescribed by him. Upon the failure of a lessee to comply 
with any requirement under this section, the authorized officer is 
authorized to perform the work at the expense of the lessee and the 
surety.
[38 FR 35068, Dec. 21, 1973. Redesignated and amended at 48 FR 44788, 
44789, Sept. 30, 1983]



Sec. 3261.6  Well spacing and well casing.

    The authorized officer shall approve proposed well-spacing and well-
casing programs or prescribe such modifications to the programs as he 
determines necessary for proper development, giving consideration to 
such factors as:
    (a) Topographic characteristics of the area;
    (b) Hydrologic, geologic and reservoir characteristics of the field;
    (c) The number of wells that can be economically drilled to provide 
the necessary volume of geothermal resources for the intended use;
    (d) Protection of correlative rights;
    (e) Minimizing well interference;
    (f) Unreasonable interference with multiple use of lands; and
    (g) Protection of the environment, including ground water quality.



Sec. 3261.7  Values and payment for losses.

    The authorized officer shall determine the value of production 
accruing to the lessor where there is loss through waste or failure to 
drill and produce protection wells on the lease, and the compensation 
due to the lessor as reimbursement for such loss. Payment for such 
losses will be paid when billed.



  Subpart 3262--Requirements for Operating Rights Owners and Operators



Sec. 3262.1  Lease terms, regulations, waste, damage, and safety.

    (a) The operating rights owner or operator, as appropriate, shall 
comply with the lease terms, lease stipulations, applicable laws and 
regulations and any amendments thereof, GRO orders, and other written or 
oral orders of the authorized officer. All oral orders (to be confirmed 
in writing as provided in Sec. 3261.2 of this title are effective when 
issued unless otherwise specified.
    (b) The operating rights owner or operator, as appropriate, shall 
take all reasonable precautions to prevent: (1) Waste; (2) damage to any 
natural resource including trees and other vegetation, fish and wildlife 
and their habitat; (3) injury or damage to persons, real or personal 
property; and (4) any environmental pollution or damage.
    (c) Any significant effect on the environment created by the 
operations or failure to comply with environmental standards shall be 
reported to the authorized officer within 24 hours and confirmed in 
writing within 30 days.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17373, May 16, 1988]

[[Page 516]]



Sec. 3262.2  Conduct of operations.

    (a) Whenever a change in operator occurs, the authorized officer 
shall be notified promptly in writing, and the new operator shall 
furnish evidence of sufficient bond coverage in accordance with subpart 
3206 of this title.
    (b) In all cases where an individual production well facility, 
research and demonstration facility, or plant facility is to be operated 
by a party other than the operating rights owner or licensee, such other 
party shall submit to the authorized officer the joint facility 
operating agreement between the operating rights owner or licensee and 
the facility operator. Such joint facility operating agreement shall 
authorize, upon acceptance by the authorized officer, the facility 
operator to enter upon the proposed facility site and related sites and 
to conduct thereon, in accordance with Sec. 3262.4-1 of this title, such 
preliminary geologic and soil studies as are appropriate for the 
planning and design of the facilities necessary for the utilization of 
geothermal resources in the manner proposed. An operating rights owner, 
operator, or licensee also may construct and operate such facilities as 
have been approved under a plan of operation or utilization and for 
which a permit has been issued pursuant to the regulations in this part 
and, if a plant facility, for which a license has been issued in 
accordance with the regulations in this group.
[53 FR 17373, May 16, 1988]



Sec. 3262.2-1  Local representative.

    When required by the authorized officer, the operator shall 
designate a local representative empowered to receive notices and comply 
with orders of the authorized officer issued pursuant to the regulations 
in this part.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.3  Drilling and producing obligations.

    (a) The operating rights owner shall diligently drill and produce 
such wells as are necessary to protect the lessor from loss by reason of 
production on other properties, or in lieu thereof, with the consent of 
the authorized officer, shall pay a sum determined by the authorized 
officer as adequate to compensate the lessor for failure to drill and 
produce any such well.
    (b) The operating rights owner shall promptly drill and produce such 
other wells as the authorized officer may require in order that the 
lease be developed and produced in accordance with good operating 
practices. (See Sec. 3203.8 of this title.)
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.4  Plan of operation.

    Except as otherwise provided in these regulations, a operator, prior 
to commencing operations on the leased lands or on lands subject to an 
approved unit or cooperative agreement, shall obtain the approval of a 
plan of operation by the authorized officer. A plan of operation is not 
required for: Subsequent well operations, the construction of new 
production facilities, or the alteration of existing production 
facilities, unless specifically required by the authorized officer, 
exploration operations or casual use activities. However, unless a 
previously approved plan included a specific authorization for 
subsequent well operations, construction of new production facilities, 
alteration of existing production facilities or exploration operations, 
the operator may not conduct such operations or activities without the 
authorized officer's prior approval. Before commencing a subsequent well 
operation, the construction of a new production facility or the 
alteration of an existing production facility, the operator shall, as a 
minimum, obtain the authorized officer's approval of a permit or of a 
sundry notice, whichever is appropriate. Before commencing exploration 
operations, the lessee shall obtain the authorized officer's approval of 
a notice of intent. When a plan of operation is required by the 
regulations in this part, it shall be filed in triplicate with the 
authorized officer and shall include:
    (a) The proposed location of each well, including a layout showing 
the position of the mud tanks, reserve pits, cooling towers, pipe racks, 
and other surface facilities;

[[Page 517]]

    (b) Existing and planned access and lateral roads;
    (c) Location and source of authorized water supply and road building 
material;
    (d) Location of camp sites, airstrips, and other support facilities;
    (e) Other areas of potential surface disturbance;
    (f) The topographic features of the land and the drainage patterns;
    (g) Methods for disposing of waste material;
    (h) A narrative statement describing the proposed measures to be 
taken in conducting the proposed operation for the protection of the 
environment, including, but not limited to, the prevention or control of 
(1) fires, (2) soil erosion, (3) pollution of the surface and ground 
water, (4) damage to fish and wildlife or other natural resources, (5) 
air and noise pollution, and (6) hazards to public health and safety;
    (i) All pertinent information or data which the authorized officer 
may require for proper and timely consideration of the plan of operation 
for the exploration, development, or utilization of geothermal resources 
and the protection of the environment;
    (j) Provisions for monitoring to ensure that operations under the 
plan are conducted in compliance with the applicable regulations and GRO 
orders; and
    (k) Provisions for collecting data concerning the existing air and 
water quality, noise, seismic and subsidence activities, and ecological 
systems of the leased lands for a period of at least 1 year prior to 
production with some of the collection to be continued during production 
and abandonment.

The authorized officer may reduce the data collection requirements of 
paragraph (k) of this section, including the duration of data 
collection, commensurate with the level of potential environmental 
impacts from proposed projects. The information required for paragraphs 
(a) through (f) of this section may be shown on a map or maps available 
from State or Federal sources, provided that the scale of such map(s) is 
acceptable to the authorized officer. All documents submitted to the 
authorized officer as part of or in support of a plan of operation shall 
be made available to interested parties for review, with the exception 
of those data which are subject to the provisions of Sec. 3264.5 of this 
title. Upon receipt of any plan of operation, the authorized officer 
shall take such measures as are appropriate to notify the Geothermal 
Environmental Advisory Panel, appropriate Federal, State, and local 
agencies, and interested members of the public, of the availability of 
the plan for review.
[43 FR 13833, Mar. 31, 1978, as amended at 44 FR 37590, June 27, 1979; 
47 FR 24130, June 3, 1982. Redesignated and amended at 48 FR 44788, 
44790, Sept. 30, 1983, further amended at 53 FR 17374, May 16, 1988]



Sec. 3262.4-1  Plan of utilization.

    At any time after the issuance of a Federal geothermal lease, the 
operating rights owner, operator, licensee, or facility operator may 
conduct preliminary soil tests or studies necessary for determining 
those site(s) on the lease which are most suitable for the construction 
of a proposed utilization facility. Those site investigations that 
involve trenching or the construction of additional roads will require 
the prior written approval of the authorized officer and the appropriate 
surface management agency. Unless already authorized under an approved 
plan of operation, the operating rights owner, licensee, or facility 
operator must submit in triplicate to the authorized officer a plan of 
utilization and obtain the approval of the authorized officer and the 
appropriate surface management agency prior to commencing any site 
preparation, road construction, or facility construction. A plan of 
utilization shall include, as appropriate:
    (a) A description and/or plans for all proposed structures and 
facilities (other than proprietary data which may be submitted under 
Sec. 3264.2-1 of this title) to be constructed, erected, or located on 
the lease, including other support facilities or ancillary equipment. 
This portion of the plan should include:
    (1) A contour map showing the facility location(s);
    (2) A description of the purpose and operation of each facility;
    (3) A schematic flow diagram;

[[Page 518]]

    (4) A plan for architectural land- scaping;
    (5) A startup date and a schedule for the construction activities;
    (6) The planned safety provisions for emergency shutdown to protect 
public health and safety and for protection of the environment, 
including a schedule for the testing and maintenance of safety devices; 
and
    (7) The planned manpower coverage to be provided during the 
operation of the facility.
    (b) A copy of all site evaluation studies, soil reports, core logs, 
or laboratory reports which have been prepared for the site(s).
    (c) A description of any additional tests, studies, or surveys which 
are planned to assess the geologic suitability of the site(s). A 
separate approval of any such tests, studies, or surveys may be granted 
by the authorized officer prior to the approval of the overall plan of 
utilization.
    (d) A map showing the existing and planned access and lateral roads 
and the source of any road building material to be utilized.
    (e) The source, quality, and proposed consumption rate of the water 
supply to be utilized.
    (f) The identification of all other areas of potential surface 
disturbance.
    (g) The methods for disposing of waste water, solid wastes, and 
noncondensible gases.
    (h) A narrative statement describing the proposed measures to be 
taken in protecting the environment including, but not limited to, the 
prevention or control of (1) fires, (2) soil erosion, (3) pollution of 
the surface or groundwater, (4) damage to fish and wildlife, cultural 
resources, or other natural resources, (5) air and noise pollution, and 
(6) hazards to public health and safety during normal operations. This 
portion of the plan should also detail the procedures to be followed in 
complying with all existing applicable Federal requirements and 
pertinent State and local standards.
    (i) The provisions made for monitoring facility operations to assure 
continuing compliance with applicable noise, air, and water quality 
standards and regulations under this part, and for other potential 
environmental impacts identified by the authorized officer. The 
operating rights owner, licensee, or facility operator shall be 
responsible for the monitoring of readily identifiable localized 
environmental impacts associated with the specific activities that are 
under their respective control.
    (j) Any additional information or data which the authorized officer 
may require in support of the plan of utilization.
    (k) A narrative statement describing, as appropriate, the method for 
the timely abandonment of the utilization facilities when no longer 
needed and the site restoration procedures to be conducted pursuant to 
the applicable provisions of the lease, GRO Orders, the regulations in 
this part, and the regulations in this group.

All documents submitted to the authorized officer as part of or in 
support of a plan of utilization shall be made available to interested 
parties for review, with the exception of those data which are subject 
to the provisions of Sec. 3264.5 of this title. Upon receipt of any plan 
of utilization, the authorized officer shall take such measures as are 
appropriate to notify the Geothermal Environmental Advisory Panel, 
appropriate Federal, State, and local agencies, and interested members 
of the public, of the availability of said plan for review.
[44 FR 37590, June 27, 1979. Redesignated and amended at 48 FR 44788, 
44790, Sept. 30, 1983, further amended at 53 FR 17374, May 16, 1988]



Sec. 3262.4-2  Subsequent well operations, construction of new production facilities, and alteration of existing production facilities.

    After completion of all operations authorized under any previously 
approved notice, permit, or plan, the operator shall not begin a 
subsequent well operation, the construction of a new production 
facility, or the alteration of an existing production facility until the 
authorized officer has, as a minimum, approved the proposed operation as 
described by the operator in a sundry notice or other appropriate permit 
application. Subsequent well operations that may be approved without a 
new or supplemental plan of operation include those operations to 
redrill, repair, deepen, plug back, shoot, or plug

[[Page 519]]

and abandon any well; make casing tests, alter the casing or liner, 
stimulate production, or change the method of recovering production; or 
convert any formation or well for brine or fluid injection and which can 
be conducted without additional surface disturbance. The construction of 
a new production facility or the alteration of an existing production 
facility, which may be approved without a new or supplemental plan of 
operation, includes those where (a) the facility involved is related to 
the production of geothermal resources and not to the utilization 
thereof; (b) the site of the proposed construction or alteration 
activity is within a surface use area designated for that purpose in a 
plan of operation previously approved by the authorized officer and the 
appropriate land management agency; and (c) the construction or 
alteration can be performed without additional surface disturbance. When 
required by the authorized officer, pursuant to the regulations in this 
part, the operator shall obtain the joint approval of the authorized 
officer and the appropriate land management agency for a new or 
supplemental plan of operation before commencing subsequent well 
operations, the construction of a new production facility, or the 
alteration of an existing production facility. In an emergency, an 
operator may take action to prevent damage without receiving the prior 
approval of the authorized officer, but, in such cases, the operator 
shall promptly report to the authorized officer the corrective actions 
taken.
[43 FR 13834, Mar. 31, 1978. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5  Well designations.

    The operator shall mark each derrick upon commencement of drilling 
operations and each producing or suspended well in a conspicuous place 
with his name or the name of the operator, the serial number of the 
lease, the number and location of the well. Whenever possible, the well 
location shall be described by section or tract, township, range, and by 
quarter-quarter section or lot. The operator shall take all necessary 
means and precautions to preserve these markings.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5-1  Well records.

    (a) The operator shall keep for each well at his field headquarters 
or at other locations conveniently available to the authorized officer, 
accurate and complete records of all well operations including 
production, drilling, logging, directional well surveys, casing, 
perforation, safety devices, redrilling, deepening, repairing, 
cementing, alterations to casing, plugging, and abandoning. The records 
shall contain a description of any unusual malfunction, condition or 
problem; all the formations penetrated; the content and character of 
mineral deposits and water in each formation; thermal gradients, 
temperatures, pressures, analyses of geothermal waters, the kind, 
weight, size, grade, and setting depth of casing: and any other 
pertinent information.
    (b) The operator shall, within 30 days after completion of any well, 
transmit to the authorized officer copies of the records of all 
operations in a form prescribed by the authorized officer.
    (c) Upon request of the authorized officer, the operator shall 
furnish (1) legible, exact copies of service company reports on 
cementing, perforating, acidizing, analyses of cores, electrical and 
temperature logs, chemical analyses of steam and waters, or other 
similar services; (2) other reports and records of operations in the 
manner and form prescribed by the authorized officer.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5-2  Samples, tests, and surveys.

    (a) The operator, when required by the authorized officer, will make 
adequate sampling, tests and/or surveys using acceptable techniques, to 
determine the presence, quantity, quality, and potential of geothermal 
resources, mineral deposits, or water; the amount and direction of 
deviation of any well from the vertical; and/or formation temperatures 
and pressures, casing, tubing, or other pressures and such

[[Page 520]]

other facts as the authorized officer may require. Such tests or surveys 
shall be made without cost to the lessor.
    (b) The operator shall, without cost to the lessor, take such 
formation samples or cores to determine the identity and character of 
any formation as are required and prescribed by the authorized officer.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5-3  Directional survey.

    The authorized officer may require an angular deviation and 
directional survey to be made of the finished hole of each directionally 
drilled well. The survey shall be made at the risk and expense of the 
operator unless requested by an offset operating rights owner or 
operator, and then, at the risk and expense of the offset party. A copy 
of the survey shall be furnished the authorized officer.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5-4  Well control.

    The operator shall: (a) Take all necessary precautions to keep all 
wells under control at all times; (b) utilize trained and competent 
personnel; (c) utilize properly maintained equipment and materials; and 
(d) use operating practices which insure the safety of life and 
property. The selection of the types and weights of drilling fluids and 
provisions for controlling fluid temperatures, blowout preventers, and 
other surface control equipment and materials, casing and cementing 
programs, etc., to be used shall be based on sound engineering 
principles and shall take into account apparent geothermal gradients, 
depths and pressures of the various formations to be penetrated and 
other pertinent geologic and engineering data and information about the 
area.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.5-5  Well abandonment.

    The operator shall promptly plug and abandon any well on the leased 
land that is not used or useful. No well shall be abandoned until its 
lack of capacity for further profitable production of geothermal 
resources has been demonstrated to the satisfaction of the authorized 
officer. Before abandoning a producible well, the operator shall submit 
to the authorized officer a statement of reasons for abandonment and his 
detailed plans for carrying on the necessary work. The detailed plans 
shall provide for the preservation of fresh water aquifers and for the 
prevention of intrusion into such aquifers of saline or polluted waters. 
A producible well may be abandoned only after receipt of written 
approval by the authorized officer. No well shall be plugged and 
abandoned until the manner and method of plugging have been approved or 
prescribed by the authorized officer. Equipment shall be removed, and 
premises at the well site shall be restored as near as reasonably 
possible to its original condition immediately after plugging operations 
are completed on any well except as otherwise authorized by the 
authorized officer. Drilling equipment shall not be removed from any 
suspended drilling well without taking adequate measures to close the 
well and protect the subsurface resources.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.6  Pollution.

    The operator shall comply with all Federal and State standards with 
respect to the control of all forms of air, land, water, and noise 
pollution, including, but not limited to, the control of erosion and the 
disposal of liquid, solid, and gaseous wastes. The authorized officer 
may, in his discretion, establish additional and more stringent 
standards, and, if he does so, the operator shall comply with those 
standards. Plans for disposal of well effluents must take into account 
effects on surface and subsurface waters, plants, fish and wildlife and 
their habitats, atmosphere, or any other effects which may cause or 
contribute to pollution, and

[[Page 521]]

such plans must be approved by the authorized officer before action is 
taken under them.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.6-1  Noise abatement.

    The operator, licensee, or facility operator, as appropriate, shall 
minimize noise during exploration, development, production, and 
utilization operations. The welfare of the operating personnel and the 
public must not be affected adversely as a consequence of the noise 
created by expanding gases. The method and degree of noise abatement 
shall be as prescribed or approved by the authorized officer.
[44 FR 37590, June 27, 1979. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.6-2  Land subsidence and seismic activity.

    In the event subsidence or seismic activity results from the 
production of geothermal resources, as determined by monitoring 
activities by the operator or a government body, the operator shall take 
such action as required by the lease or by the authorized officer.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.6-3  Pits and sumps.

    The operator shall provide and use pits and sumps of adequate 
capacity and design to retain all materials and fluids necessary to 
drilling, production, or other operations unless otherwise specified by 
the authorized officer. In no event shall the contents of a pit or sump 
be allowed to: (a) Contaminate streams, artificial canals or waterways, 
ground waters, lakes or rivers; (b) adversely affect environment, 
persons, plants, fish and wildlife and their habitats; or (c) damage the 
aesthetic values of the property or adjacent properties. When no longer 
needed, pits and sumps are to be filled and covered and the premises 
restored to a near natural state, as prescribed by the authorized 
officer.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.7  Accidents.

    The operator shall take all reasonable precautions to prevent 
accidents and shall notify the authorized officer within 24 hours of all 
accidents on the leased land, and shall submit a full report thereon 
within 15 days.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.7-1  Workmanlike operations.

    The operator shall carry on all operations and maintain the property 
at all times in a workmanlike manner, having due regard for the 
conservation of the property and the environment and for the health and 
safety of employees. The operator shall remove from the property or 
store, in an orderly manner, all scrap or other materials not in use.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3262.8  Departure from orders.

    The authorized officer may prescribe or approve either in writing or 
orally, with prompt written confirmation, variances from the 
requirements of GRO orders and other orders issued pursuant to these 
regulations, when such variances are necessary for the proper control of 
a well, conservation of natural resources, protection of human health 
and safety, property, or the environment. The authorized officer shall 
inform appropriate Federal and State agencies, of any action taken under 
this section.



Sec. 3262.9  Pilot operations or facility testing.

    With respect to the pilot operations or facility testing of those 
utilization facilities in accordance with the provisions of 30 U.S.C. 
1012, the authorized officer may approve the suspension, waiver or 
reduction of the royalty obligation for a period not to exceed 120

[[Page 522]]

days of net operation upon application therefor. No form of relief from 
the royalty requirements of a lease will be approved where the 
geothermal resources and/or the output of the facility would be used 
commercially or sold during said period. In addition, no application in 
this respect will be approved in the absence of a determination by the 
authorized officer that the payment of royalty during this period would 
affect adversely the development and recovery of the resources and that 
the action would be in the interest of conservation, would encourage the 
greatest ultimate recovery of geothermal resources and is necessary in 
order to promote development or to ensure that the lease can be operated 
successfully under the lease terms. Each application for relief 
hereunder shall be filed in triplicate with the authorized officer and, 
as a minimum shall:
    (a) Indentify the facility, its location and the facility operator;
    (b) Provide the serial number(s) of the lease(s) from which the 
geothermal resources are produced and the name(s) of the current 
lessee(s) and/or operator(s);
    (c) Contain the number and location of each well which will be 
utilized during the pilot or testing operation of the facility and the 
estimated daily volumes of geothermal resources to be produced of each 
such well;
    (d) Furnish a detailed statement of the estimated costs associated 
with the pilot or testing operations; and
    (e) Supply other appropriate documentation to support the contention 
that relief from royalty requirements of the lease would be in 
accordance with the provisions of 30 U.S.C. 1012, as set forth in the 
preceding paragraph.
[48 FR 44790, Sept. 30, 1983]



                 Subpart 3263--Measurement of Production



Sec. 3263.1  Measurement of geothermal resources.

    The operator shall measure or gauge all production in accordance 
with methods approved by the authorized officer. The quantity and 
quality of all production shall be determined in accordance with the 
standard practices, procedures, and specifications generally used in 
industry. All measuring equipment shall be tested periodically and if 
found defective, the authorized officer will determine the quantity and 
quality of production from the best evidence available.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3263.2  Determination of content of byproducts.

    The operator shall periodically furnish the authorized officer the 
results of periodic tests showing the content of byproducts in the 
produced geothermal fluid and gases. Such tests shall be taken as 
specified by the authorized officer and by the method of testing 
approved by him.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3263.3  Commingling production.

    The authorized officer may authorize an operator to commingle 
production from wells on a lease with production from other leases 
subject to such conditions as may be prescribed.
[53 FR 17374, May 16, 1988]



             Subpart 3264--Reports To Be Made by All Lessees



Sec. 3264.1  General requirements.

    (a) Information required to be submitted in accordance with the 
regulations in this part shall be furnished as directed by the 
authorized officer. Copies of forms can be obtained from the authorized 
officer and must be filed with that official within the time limit 
prescribed.
    (b) When forms or reports other than those referred to in the 
regulations in this part may be necessary, instructions for the filing 
of such forms or reports will be given by the authorized officer.



Sec. 3264.2  Application for permit to drill, redrill, deepen, or plug-back.

    (a) A permit to drill, redrill, deepen, or plug-back a well on 
Federal lands must be obtained from the authorized officer before the 
work is begun. The

[[Page 523]]

application for the permit, which shall be filed in triplicate with the 
authorized officer, shall state the location of the well in feet, and 
direction from the nearest section or tract lines as shown on the 
official plat of survey or protracted surveys; the altitude of the 
ground and derrick floor above sea level and how it was determined, and 
should be accompanied by a proposed plan of operations as required by 
these regulations.
    (b) The proposed drilling and casing plan shall be outlined in 
detail under the heading ``Details of Work'' in the applications 
referred to herein, and shall describe the type of tools and equipment 
to be used, the proposed depth to which the well will be drilled, the 
estimated depths to the top of important markers, the estimated depths 
at which water, geothermal resources, or other mineral resources are 
expected, the proposed casing program (including the size and weight of 
casing), the depth at which each string is to be set, and the amount of 
cement and mud to be used, the drilling method and type of circulating 
media (water, mud, foam, air or combinations thereof), the type of 
blowout prevention equipment to be used, the proposed coring, logging, 
or other program (such as drilling time log and sample description) to 
be used to determine the formations penetrated and the proposed program 
for determining geothermal gradients and the sampling and analysis of 
geothermal resources.
    (c) Each application shall be accompanied by a plat showing the 
surface and expected bottomhole locations and the distances from the 
nearest section or tract lines as shown on the official plat of survey 
or protracted surveys. The scale shall not be less than 2,000 feet to 1 
inch.
    (d) Each application should be accompanied by supporting structural 
and hydrologic information based on available geologic and geophysical 
data.



Sec. 3264.2-1  Application for utilization permit.

    (a) A permit to construct and operate an individual production well 
facility of not more than 10-megawatt net capacity or heat energy 
equivalent, including all related on-lease facilities, must be obtained 
from the authorized officer prior to commencing surface disturbing 
activities related to the construction and operation of each such 
facility. The application for a permit in this respect shall be filed in 
triplicate with the authorized officer and must state the location of 
the principal facility and all related sites by distance in meters and 
direction from the nearest section or tract lines, as shown on the 
official plat of survey or protracted surveys, and the elevation of the 
ground level at these sites. The application must be accompanied by a 
proposed plan of utilization, as required by Sec. 3262.4-1 of this 
title. All individual well production facilities must be constructed and 
operated in accordance with the requirements of the regulations in this 
group and any other applicable regulations.
    (b) A permit to construct and operate a research and demonstation 
facility (involving one or more wells) of not more than 20-megawatt net 
capacity or heat energy equivalent, including all related on-lease 
facilities, must be obtained from the authorized officer prior to 
commencing any surface disturbing activities related to the construction 
or operations of each such facility. The application for a permit in 
this respect shall be filed in triplicate with the authorized officer 
and must state the location of the principal facility and all related 
sites by distance in meters and direction from the nearest section or 
tract lines, as shown on the official plat of survey or protracted 
surveys, and the elevation of the ground level at these sites. The 
application must be accompanied by a proposed plan of utilization, as 
required by Sec. 3262.4-1 of this title. Any permit issued for a 
research and demonstration facility shall be for an initial term of not 
more than 5 years from the date that the facility becomes operational. 
All research and demonstration facilities must be constructed and 
operated in accordance with the requirements of the regulations in this 
part, 43 CFR Group 3200, and other applicable regulations. The continued 
beneficial use of a research and demonstration facility beyond the 
initial term provided by any such permit, or the conversion of the 
facility to

[[Page 524]]

a plant facility at that time or at any time during the initial permit 
period, will require that a license be obtained from the responsible 
officer of the surface managing agency pursuant to the regulations in 
this group.
    (c) A permit to construct and operate any plant facility, other than 
as provided in paragraph (a) or (b) of this section, including all 
related on-lease facilities, must be obtained from the authorized 
officer prior to commencing any surface disturbing activities related to 
the construction or operation of each such facility. If the proposed 
plant facility is to have an output of greater than 20-megawatt net 
capacity, or heat energy equivalent, the facility operator must also 
obtain a license or such other permit as may be required pursuant to the 
regulations in this group. The application for a permit in this respect 
shall be filed in triplicate with the authorized officer and must state 
the location of the principal facility and all related sites by distance 
in meters and direction from the nearest section or tract lines, as 
shown on the official plat of survey or protracted surveys, and the 
elevation of the ground level at these sites. The application must be 
accompanied by a proposed plan of utilization, as required by 
Sec. 3262.4-1 of this title. All plant facilities must be constructed 
and operated in accordance with the requirements of the regulations in 
this group and any other applicable regulations.
    (d) Each application filed with the authorized officer for a permit 
to construct and operate a facility, as set forth in paragraph (a), (b), 
or (c) of this section, shall identify specifically the type of facility 
contemplated, the method of operation, and shall include:
    (1) Designs, plans, and specifications for all improvements to be 
constructed or located at the principal facility site and at each 
related facility site in sufficient detail to permit a technical review 
for the purpose of determining that operational and design safety 
factors are adequate and that there will be compliance with all 
applicable regulatory and statutory requirements;
    (2) An operating plan for the facility setting forth the procedures 
and standards pursuant to which the facility will be operated;
    (3) The manner of metering facility input and output to determine 
plant performance and, when appropriate, to assure the proper 
calculation of the royalty value due;
    (4) A schedule for the installation and pre-startup testing of all 
facility equipment and, if known, for the commencement of operations for 
the commerical utilization of geothermal resources; and
    (5) Any additional pertinent information or data which the 
authorized officer may require for the proper consideration of the 
application.
    (e) Except as permitted by the access provisions of the lease, 
transmission facilities (lines and substations) and roads or pipelines 
located on off-lease Federal surface will require that appropriate 
permits be obtained. In the event that a Federal agency, other than the 
Bureau of Land Management, has jurisdiction over all or a portion of the 
affected off-lease Federal surface, the necessary right-of-way permits 
must be obtained from that agency.
    (f) When the construction and/or operation of a facility requires 
licensing or permitting by local, State, or Federal agencies (other than 
the Federal surface management agency), three copies of each such permit 
and/or license shall be submitted prior to the commencement of these 
activities.
    (g) Where complete detailed engineering plans for all components or 
a utilization facility are not available at the time of the initial 
submission of an application for a utilization permit, the authorized 
officer may grant staged approval of separate components or phases of 
construction by means of a Sundry Notice or other appropriate permit.
    (h) Prior to the actual operation of the facility, all equipment and 
pre-startup test results must be approved by the authorized officer. In 
addition, any utilization facility approved pursuant to this part may 
not be placed in operation, except for approved test periods, until an 
acceptable plan of production has been filed with and approved by the 
authorized officer.
[44 FR 37591, June 27, 1979. Redesignated and amended at 48 FR 44788, 
44791, Sept. 30, 1983]

[[Page 525]]



Sec. 3264.2-2  Sundry notices and reports on wells.

    (a) Any written notice of intention to do work or to change plans 
previously approved must be filed with the authorized officer in 
triplicate, unless otherwise directed, and must be approved by him 
before the work is begun. If, in case of emergency, any notice is given 
orally or by wire, and approval is obtained, the transaction shall be 
confirmed in writing. A subsequent report of the work performed must 
also be filed with the authorized officer.
    (b) Casing test: Notice shall be given in advance to the authorized 
officer or his representative of the date and time when the operator 
expects to make a casing test. Later, by agreement, the exact time shall 
be fixed. In the event of casing failure during the test, the casing 
must be repaired or replaced or recemented as required by the authorized 
officer or his representative. The results of the test must be reported 
within 30 days after making a casing test. The report must describe the 
test completely and state the amount of mud and cement used, the lapse 
of time between running and cementing the casing and making the test, 
and the method of testing.
    (c) Repairs or conditioning of well: Before the repairing or 
conditioning of a well, a notice setting forth in detail the plan of 
work must be filed with, and approved by, the authorized officer. A 
detailed report of the work accomplished and the methods employed, 
including all dates, and the results of such work must be filed within 
30 days after completion of the repair work.
    (d) Well stimulation: Before the operator commences stimulation of a 
well by any means, a notice, setting forth in detail the plan of work, 
must be filed with and approved by the authorized officer. The notice 
shall name the type of stimulant and the amount to be used. A report 
showing the amount of stimulant used and the production rate before and 
after stimulation must be filed within 30 days from completion of the 
work.
    (e) Altering casing in a well: Notice of intention to run a liner or 
to alter the casing by pulling or perforating by any means must be filed 
with and approved by the authorized officer before the work is started. 
This notice shall set forth in detail the plan of work. A report must be 
filed within 30 days after completion of the work stating exactly what 
was done and the results obtained.
    (f) Notice of intention to abandon well: Before abandonment work is 
begun on any well, whether a drilling well, geothermal resources well, 
water well, or so-called dry hole, notice of intention to abandon shall 
be filed with, and approved by, the authorized officer. The notice must 
be accompanied by a complete log, in duplicate, of the well to date, 
provided the complete log has not been filed previously, and must give a 
detailed statement of the proposed work, including such information as 
kind, location, and length of plugs (by depths), plans for mudding, 
cementing, shooting, testing, and removing casing, and any other 
pertinent information.
    (g) Subsequent report of abandonment: After a well is abandoned or 
plugged, a subsequent record of work done must be filed with the 
authorized officer. This report shall be filed separately within 30 days 
after the work is done. The report shall give a detailed account of the 
manner in which the abandonment or plugging work was carried out, 
including the nature and quantities of materials used in plugging and 
the location and extent (by depths) of the plugs of different materials; 
records of any tests or measurements made, and of the amount, size, and 
location (by depths) of casing left in the well; and a detailed 
statement of the volume of mud fluid used, and the pressure attained in 
mudding. If an attempt was made to part any casing, a complete report of 
the methods used and results obtained must be included.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17374, May 16, 1988]



Sec. 3264.2-3  Log and history of well.

    The operator shall furnish in duplicate to the authorized officer, 
not later than 30 days after the completion of each well, a complete and 
accurate log and history, in chronological order, of all operations 
conducted on the well. A

[[Page 526]]

log shall be compiled for geologic information from cores or formations 
samples and duplicate copies of such log shall be filed. Duplicate 
copies of all electric logs, temperature surveys, water and steam 
analyses, hydrologic or heat flow tests, or direction surveys, if run, 
shall be furnished.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, and amended at 53 FR 17375, May 16, 1988]



Sec. 3264.2-4  Monthly report of operations.

    A report of operations for each lease must be made for each calendar 
month, beginning with the month in which drilling operations are 
initiated. The report must be filed in duplicate with the authorized 
officer on or before the last day of the month following the month for 
which the report is filed unless an extension of time for the filing of 
the report is granted by the authorized officer. The report shall 
disclose accurately all operations conducted on each well during the 
month, the status of operations on the last day of the month, and a 
general summary of the status of operations on the leased lands. The 
report must be submitted each month until the lease is terminated or 
until omission of the report is authorized by the authorized officer. 
The report shall show for each calendar month:
    (a) The lease serial number or the unit or communitization agreement 
number which shall be inserted in the upper right corner;
    (b) Each well listed separately by number, and its location by 40-
acre subdivision (quarter-quarter section or lot), section number, 
township, range, and meridian;
    (c) The number of days each well was produced, whether steam or hot 
water or both were produced, and the number of days each input well was 
in operation, if any;
    (d) The quantity of production and any byproducts obtained from each 
well, if any are recovered;
    (e) The depth of each active or suspended well, and the name, 
character, and depth of each formation drilled during the month, the 
date and reason for every shutdown, the names and depths of important 
formation changes, the amount and size of any casing run since the last 
report, the dates and results of any tests or environmental monitoring 
conducted, and any other noteworthy information on operations not 
specifically provided for in the form.
    (f) The footnote must be completely filled out as required by the 
authorized officer. If no sales were made during the calendar month, the 
report must so state.



Sec. 3264.2-5  Monthly report of facility operations.

    A report of operations for each individual production well facility, 
research and demonstration facility, or plant facility must be made by 
the facility operator for each calendar month beginning with the month 
in which operations are first commenced. The report must be filed in 
duplicate with the authorized officer on or before the last day of the 
month following the month for which the report is filed, unless an 
extension of time for filing is granted specifically in writing by the 
authorized officer.
    (a) For each utilization facility, the report shall show, as 
applicable, for each calendar month:
    (1) The lease serial number(s) or the unit or communitization 
agreement number covering the lands from which geothermal resources were 
produced and utilized at the facility;
    (2) The output of the facility expressed as the number of kilowatt 
hours (gross and net output) of electricity generated or, when 
appropriate, as the heat energy equivalent thereof and the value of such 
output;
    (3) The quantities (mass) of geothermal resources entering the plant 
and the average intake temperature and pressure;
    (4) The quantity of water utilized from sources other than the 
produced geothermal resources;
    (5) The total quantity (mass), temperature, and pressure of the 
plant effluent (waste water); and
    (6) A detailed statement as to the reason or reasons for any 
suspension of facility operations during the month.
[44 FR 37592, June 27, 1979. Redesignated at 48 FR 44788, Sept. 30, 
1983]

[[Page 527]]



Sec. 3264.3  Report of expenditures for diligent exploration operations.

    For exploration expenditures to be considered for qualification as 
diligent exploration under 43 CFR 3203.5, the operator shall submit to 
the authorized officer a report of the expenditures no later than 60 
days after the end of a lease year if the expenditures are to be 
credited for that lease year or future lease years.
[47 FR 24130, June 3, 1982. Redesignated at 48 FR 44788, Sept. 30, 1983, 
and amended at 53 FR 17375, May 16, 1988]



Sec. 3264.4  Public inspection of records.

    Geologic and geophysical interpretations, maps, and data required to 
be submitted under this part shall not be available for public 
inspection without the consent of the operating rights owner or 
operator, as appropriate, so long as the lease remains in effect.
[38 FR 35068, Dec. 21, 1973. Redesignated at 48 FR 44788, Sept. 30, 
1983, further redesignated and amended at 53 FR 17375, May 16, 1988]



Subpart 3265--Procedure in Case of Violation of the Regulations or Lease 
                                  Terms



Sec. 3265.1  Noncompliance with regulations or lease terms.

    (a) Whenever an operating rights owner, operator, or anyone acting 
under his/her authority fails to comply with the provisions of the 
regulations or lease terms, the authorized officer shall give notice to 
remedy any defaults or violations. Failure by the party to perform or 
commence the necessary remedial action pursuant to the notice may result 
in a shut down of operations and may also result in cancellation of the 
lease pursuant to Sec. 3244.3 of this title.
    (b) The authorized officer is authorized to shut down any operations 
which he determines are unsafe or are causing or can cause pollution.
[38 FR 35068, Dec. 21, 1973. Redesignated and amended at 48 FR 44788, 
44792, Sept. 30, 1983, further amended at 53 FR 17375, May 16, 1988]



                          Subpart 3266--Appeals



Sec. 3266.1  Appeals.

    (a) A party adversely affected by a decision of the authorized 
officer may appeal that decision to the Interior Board of Land Appeals 
as set forth in part 4 of this title.
    (b) All decisions or approvals of the authorized officer under this 
part shall remain effective pending appeal unless the Interior Board of 
Land Appeals determines otherwise upon consideration of the standards 
stated in this paragraph. The provisions of 43 CFR 4.21(a) shall not 
apply to any decision or approval of the authorized officer under this 
subpart. A petition for a stay of a decision or approval of the 
authorized officer shall be filed with the Interior Board of Land 
Appeals, Office of Hearings and Appeals, Department of the Interior, and 
shall show sufficient justification based on the following standards:
    (1) The relative harm to the parties if the stay is granted or 
denied;
    (2) The likelihood of the appellant's success on the merits;
    (3) The likelihood of irreparable harm to the appellant or resources 
if the stay is not granted; and
    (4) Whether the public interest favors granting the stay.
[57 FR 29651, July 6, 1992]



PART 3280--GEOTHERMAL RESOURCES UNIT AGREEMENTS: UNPROVEN AREAS--Table of Contents




    Note:  Many existing unit agreements specifically refer to the 
United States Geological Survey, USGS, Minerals Management Service, MMS, 
Supervisor, Conservation Manager, Deputy Conservation Manager, Minerals 
Manager and Deputy Minerals Manager in the body of the agreements, as 
well as reference to title 30 CFR part 270 or specific sections thereof. 
Those references must now be read in the context of the provisions of 
Secretarial Order 3087 and now mean the Bureau of Land Management or the 
Minerals Management Service as appropriate.

       Subpart 3280--Geothermal Resources Unit Agreements: General

Sec.
3280.0-1  Purpose.

[[Page 528]]

3280.0-2  Policy.
3280.0-3  Authority.
3280.0-5  Definitions.

              Subpart 3281--Application for Unit Agreement

3281.1  Preliminary consideration of agreements.
3281.2  Designation of area.
3281.3  Parties to unit or cooperative agreement.
3281.4  State land.

              Subpart 3282--Qualification of Unit Operator

3282.1  Qualifications of unit operator.

             Subpart 3283--Filing and Approval of Documents

3283.1  Filing of documents and number of counterparts.
3283.2  Executed agreement.
3283.2-1  Approval of executed agreement.
3283.2-2  Review of executed agreement.
3283.3  Participating area.
3283.4  Plan of development.
3283.5  Return of approved documents.

                        Subpart 3284  [Reserved]

                          Subpart 3285--Appeals

3285.1  Appeals.

                        Subpart 3286--Model Forms

3286.1  Model unit agreement: unproven areas.
3286.1-1  Model Exhibit ``A''.
3286.1-2  Model Exhibit ``B''.
3286.2  Model unit bond.
3286.3  Model designation of successor operator.
3286.4  Model change of operator by assignment.

    Authority:  Geothermal Steam Act of 1970, as amended (30 U.S.C. 
1001-1025).

    Source:  38 FR 35073, Dec. 21, 1973, unless otherwise noted. 
Redesignated at 48 FR 44792, Sept. 30, 1983.



       Subpart 3280--Geothermal Resources Unit Agreements: General



Sec. 3280.0-1  Purpose.

    The regulations in this part prescribe the procedure to be followed 
and the requirements to be met by holders of Federal geothermal leases 
and their representatives who wish to unite with each other, or jointly 
or separately with others, in collectively adopting and operating under 
a cooperative or unit plan for the development of any geothermal 
resources pool, field or like area, or any part thereof.
[48 FR 44792, Sept. 30, 1983]



Sec. 3280.0-2  Policy.

    Cooperative or unit agreements for the development of any geothermal 
resources pool, field or like area, or any part thereof, may be 
initiated by lessees, or where such agreements are deemed necessary in 
the interest of conserving natural resources, they may be required by 
the Director.
[48 FR 44792, Sept. 30, 1983]



Sec. 3280.0-3  Authority.

    These regulations are issued under the authority of the Geothermal 
Steam Act of 1970, as amended (30 U.S.C. 1001-1025) and Order Number 
3087, dated December 3, 1982, as amended February 7, 1983 (48 FR 8983), 
under which the Secretary consolidated and transferred the onshore 
minerals management functions of the Department, except mineral revenue 
functions and the leasing of restricted Indian lands, to the Bureau of 
Land Management.
[48 FR 44792, Sept. 30, 1983]



Sec. 3280.0-5  Definitions.

    The following terms, as used in this part or in any agreement 
approved under the regulations in this part, shall have the meanings 
here indicated unless otherwise defined in such agreement:
    (a) Unit agreement. An agreement or plan of development and 
operation for the production and utilization of separately owned 
interests in the geothermal resources made subject thereto as a single 
consolidated unit without regard to separate ownerships and which 
provides for the allocation of costs and benefits on a basis defined in 
the agreement or plan.
    (b) Cooperative agreement. An agreement or plan of development and 
operations for the production and utilization of geothermal resources 
made subject thereto in which separate ownership units are independently 
operated without allocation of production.

[[Page 529]]

    (c) Agreement. For convenience, the term ``agreement'' as used in 
the regulations in this part refers to either a unit or a cooperative 
agreement as defined in paragraphs (a) and (b) of this section unless 
otherwise indicated.
    (d) Unit area. The area described in a unit agreement as 
constituting the land logically subject to development under such 
agreement.
    (e) Unitized land. The part of a unit area committed to a unit 
agreement.
    (f) Unitized substances. Deposits of geothermal resources recovered 
from unitized land by operation under and pursuant to a unit agreement.
    (g) Unit operator. The person, association, partnership, 
corporation, or other business entity designated under a unit agreement 
to conduct operations on unitized land as specified in such agreement.
    (h) Participating area. That part of the Unit Area which is deemed 
to be productive from a horizon or deposit and to which production would 
be allocated in the manner described in the unit agreement assuming that 
all lands are committed to the unit agreement.
    (i) Working interest. The interest held in geothermal resources or 
in lands containing the same by virtue of a lease, operating agreement, 
fee title, or otherwise, under which, except as otherwise provided in a 
unit or cooperative agreement, the owner of such interest is vested with 
the right to explore for, develop, produce, and utilize such resources. 
The right delegated to the unit operator as such by the unit agreement 
is not to be regarded as a working interest.
[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
Sept. 30, 1983]



              Subpart 3281--Application for Unit Agreement



Sec. 3281.1  Preliminary consideration of agreements.

    The form of unit agreement set forth in Sec. 3286.1 of this title is 
acceptable for use in unproved areas. The use of this form is not 
mandatory, but any proposed departure therefrom should be submitted with 
the application submitted under Sec. 3281.2 of this title for 
preliminary consideration and for such revision as may be deemed 
necessary. In areas proposed for unitization in which a discovery of 
geothermal resources has been made, or where a cooperative agreement is 
contemplated, the proposed agreement should be submitted with the 
application submitted under Sec. 3281.2 of this title for preliminary 
consideration and for such revision as may be deemed necessary. The 
proposed form of agreement should be submitted in triplicate and should 
be plainly marked to identify the proposed variances from the form of 
agreement set forth in Sec. 3286.1 of this title.



Sec. 3281.2  Designation of area.

    An application for designation of an area as logically subject to 
development and/or operation under a unit or cooperative agreement may 
be filed, in triplicate, by any proponent of such an agreement through 
the authorized officer. Each copy of the application shall be 
accompanied by a map or diagram on a scale of not less than 1 inch to 1 
mile, outlining the area sought to be designated under this section. The 
Federal, State, and privately owned land should be indicated on said map 
by distinctive symbols or colors and Federal geothermal leases and lease 
applications should be identified by serial number. Geological 
information, including the results of geophysical surveys, and such 
other information as may tend to show that unitization is necessary and 
advisable in the public interest should be furnished in triplicate. 
Geological and geophysical information and data so furnished will not be 
available for public inspection, as provided by 5 U.S.C. 552(b), without 
the consent of the proponent. The application and supporting data will 
be considered by the Director and the applicant will be informed of the 
decision reached. The designation of an area, pursuant to an application 
filed under this section, shall not create an exclusive right to submit 
an executed agreement for such area, nor preclude the inclusion of such 
area or any part thereof in another unit area.



Sec. 3281.3  Parties to unit or cooperative agreement.

    The owners of any rights, title, or interest in the geothermal 
resources deposits to be developed and operated

[[Page 530]]

under an agreement can be regarded as proper parties to a proposed 
agreement. All such owners must be invited to join as parties to the 
agreement. If any owner fails or refuses to join the agreement, the 
proponent of the agreement should declare this to the authorized officer 
and should submit evidence of efforts made to obtain joinder of such 
owner and the reasons for nonjoinder.



Sec. 3281.4  State land.

    Where State-owned land is to be included in the unit, approval of 
the agreement by appropriate State officials should be obtained prior to 
its submission to the Department for approval of the executed agreement. 
When authorized by the laws of the State in which the unitized land is 
situated, provisions may be made in the agreement accepting State law, 
to the extent that they are applicable to non-Federal unitized land.



              Subpart 3282--Qualification of Unit Operator



Sec. 3282.1  Qualifications of unit operator.

    A unit operator must qualify as to citizenship in the same manner as 
those holding interests in geothermal leases issued under the Geothermal 
Steam Act of 1970. The unit operator may be an owner of a working 
interest in the unit area or such other party as may be selected by the 
owners of working interests and approved by the authorized officer. The 
unit operator shall execute an acceptance of the duties and obligations 
imposed by the agreement. No designation of, or change in, a unit 
operator will become effective unless and until approved by the 
authorized officer, and no such approval will be granted unless the unit 
operator is deemed qualified to fulfill the duties and obligations 
prescribed in the agreement.



             Subpart 3283--Filing and Approval of Documents



Sec. 3283.1  Filing of documents and number of counterparts.

    All proposals and supporting papers, instruments and documents 
submitted under this part shall be filed with the authorized officer, 
unless otherwise provided in this part or otherwise instructed by the 
Director.
[48 FR 44793, Sept. 30, 1983]



Sec. 3283.2  Executed agreement.

    (a) Where a duly executed agreement is submitted for Departmental 
approval, a minimum of 6 signed counterparts shall be filed. The same 
number of counterparts shall be filed for documents supplementing, 
modifying or amending an agreement, including change of operator, 
designation of a new operator and notice of surrender, relinquishment or 
termination.
    (b) The address of each signatory party to the agreement shall be 
inserted below the party's signature. Each signature shall be attested 
to by at least 1 witness, if not notarized. Corporate or other 
signatures made in a representative capacity shall be accompanied by 
evidence of the authorization of the signatories to act unless such 
evidence is already a matter of record in the Bureau of Land Management. 
(The parties may execute any number of counterparts of the agreement 
with the same force and effect as if all parties signed the same 
document, or may execute a ratification of consent in a separate 
instrument with like force and effect.)
    (c) Any modification of an approved agreement shall require approval 
of the Secretary or his/her duly authorized representative under 
procedures similar to those cited in Sec. 3283.2-1 of this title.
[48 FR 44793, Sept. 30, 1983]

[[Page 531]]



Sec. 3283.2-1  Approval of executed agreement.

    A duly executed unit or cooperative agreement shall be approved by 
the Secretary or his/her duly authorized representative upon a 
determination that such agreement is necessary or advisable in the 
public interest and is for the purpose of properly conserving the 
natural resources, taking into account the environmental consequences of 
the action. Such approval shall be incorporated in a certificate 
appended to the agreement. No such agreement shall be approved unless at 
least 1 of the parties is a holder of a Federal lease embracing lands 
being committed to the agreement and unless the parties signatory to the 
agreement hold sufficient interests in the area to give effective 
control of operations therein.
[48 FR 44793, Sept. 30, 1983]



Sec. 3283.2-2  Review of executed agreement.

    No more than 5 years after approval of any cooperative or unit plan 
of development or operation, and at least every 5 years thereafter, the 
authorized officer shall review each plan and, after notice and 
opportunity for comment, eliminate from such plan any lease or part of a 
lease not regarded as reasonably necessary for cooperative or unit 
operations under the plan. Such elimination shall be based on scientific 
evidence, and shall occur only when it is determined by the authorized 
officer to be for the purpose of conserving and properly managing the 
geothermal resource.

[54 FR 13887, Apr. 6, 1989 and 55 FR 26443, June 28, 1990]



Sec. 3283.3  Participating area.

    Each application for approval of a participating area, or revision 
thereof, shall be accompanied by 3 copies of a substantiating geologic 
and engineering report, structure contour map(s), cross-section or other 
pertinent data.
[48 FR 44793, Sept. 30, 1983]



Sec. 3283.4  Plan of development.

    Plans of development and operation, plans of further development and 
operation and proposed participating areas and revisions thereof shall 
be submitted in quadruplicate.
[48 FR 44793, Sept. 30, 1983]



Sec. 3283.5  Return of approved documents.

    All instruments or documents other than plans of development and 
operation, plans of further development and operation and proposed 
participating areas and revisions thereof submitted for approval shall 
be submitted for approval in sufficient number to permit the approving 
official to return at least 1 approved counterpart.
[48 FR 44793, Sept. 30, 1983]



                        Subpart 3284  [Reserved]



                          Subpart 3285--Appeals



Sec. 3285.1  Appeals.

    Appeals from final orders or decisions issued under the regulations 
in this part shall be made in the manner provided in Part 4 of this 
title.



                        Subpart 3286--Model Forms



Sec. 3286.1  Model unit agreement: unproven areas.

  Unit Agreement for the Development and Operation of the ------------  
Unit Area County of --------------------, State of ----------------------
                                   --                                   
                            table of contents                           
------------------------------------------------------------------------
 Article                                                                
------------------------------------------------------------------------
I.......  Enabling Act and regulations.                                 
II......  Definitions.                                                  
III.....  Unit area and exhibits.                                       
IV......  Contraction and expansion of unit area.                       
V.......  Unitized land and unitized substances.                        
VI......  Unit operator.                                                
VII.....  Resignation or removal of unit operator.                      
VIII....  Successor unit operator.                                      
IX......  Accounting provisions and unit operating agreement.           
X.......  Rights and obligations of unit operator.                      
XI......  Plan of operation.                                            
XII.....  Participating areas.                                          
XIII....  Allocation of unitized substances.                            
XIV.....  Relinquishment of leases.                                     
XV......  Rentals and minimum royalties.                                
XVI.....  Operations on nonparticipating land.                          
XVII....  Leases and contracts conformed and extended.                  
XVIII...  Effective date and term.                                      
XIX.....  Appearances.                                                  
XX......  No waiver of certain rights.                                  
XXI.....  Unavoidable delay.                                            
XXII....  Postponement of obligations.                                  
XXIII...  Nondiscrimination.                                            

[[Page 532]]

                                                                        
XXIV....  Counterparts.                                                 
XXV.....  Subsequent joinder.                                           
XXVI....  Covenants run with the land.                                  
XXVII...  Notices.                                                      
XXVIII..  Loss of title.                                                
XXIX....  Taxes.                                                        
XXX.....  Relation of parties.                                          
XXXI....  Special Federal lease stipulation and/or conditions.          
------------------------------------------------------------------------

---------------------------- Unit Agreement ------------ County --------
----

    This Agreement entered into as of the ------ day of ------------, 
19--, by and between the parties subscribing, ratifying, or consenting 
hereto, and herein referred to as the ``parties hereto''.
    WITNESSETH: Whereas the parties hereto are the owners of working, 
royalty, or other geothermal resources interests in land subject to this 
Agreement; and
    Whereas the Geothermal Steam Act of 1970 (84 Stat. 1566), 
hereinafter referred to as the ``Act'', authorizes Federal lessees and 
their representatives to unite with each other, or jointly or separately 
with others, in collectively adopting and operating under a cooperative 
or unit plan of development or operation of any geothermal resources 
pool, field, or like area, or any part thereof, for the purpose of more 
properly conserving the natural resources thereof, whenever determined 
and certified by the Secretary of the Interior to be necessary or 
advisable in the public interest; and
    Whereas the parties hereto hold sufficient interest in the --------
---- Unit Area covering the land herein described to effectively control 
operations therein; and
    Whereas, it is the purpose of the parties hereto to conserve natural 
resources, prevent waste, and secure other benefits obtainable through 
development and operations of the area subject to this Agreement under 
the terms, conditions, and limitations herein set forth;
    Now, therefore, in consideration of the premises and the promises 
herein contained, the parties hereto commit to this agreement their 
respective interests in the below-defined Unit Area, and agree severally 
among themselves as follows:

                 article i--enabling act and regulations

    1.1  The Act and all valid pertinent regulations, including 
operating and unit plan regulations, heretofore or hereafter issued 
thereunder are accepted and made a part of this agreement as to Federal 
lands.
    1.2  As to non-Federal lands, the geothermal resources operating 
regulations in effect as of the effective date hereof governing drilling 
and producing operations, not inconsistent with the laws of the State in 
which the non-Federal land is located, are hereby accepted and made a 
part of this agreement.

                         article ii--definitions

    2.1  The following terms shall have the meanings here indicated:
    (a) Geothermal lease. A lease issued under the act of December 24, 
1970 (84 Stat. 1566), pursuant to the leasing regulations contained in 
43 CFR Group 3200 and, unless the context indicates otherwise, ``lease'' 
shall mean a geothermal lease.
    (b) Unit area. The area described in Article III of this Agreement.
    (c) Unit operator. The person, association, partnership, 
corporation, or other business entity designated under this Agreement to 
conduct operations on Unitized Land as specified herein.
    (d) Participating area. That part of the Unit Area which is deemed 
to be productive from a horizon or deposit and to which production would 
be allocated in the manner described in the unit agreement assuming that 
all lands are committed to the unit agreement.
    (e) Working interest. The interest held in geothermal resources or 
in lands containing the same by virtue of a lease, operating agreement, 
fee title, or otherwise, under which, except as otherwise provided in 
this Agreement, the owner of such interest is vested with the right to 
explore for, develop, produce and utilize such resources. The right 
delegated to the Unit Operator as such by this Agreement is not to be 
regarded as a Working Interest.
    (f) Secretary. The Secretary of the Interior or any person duly 
authorized to exercise powers vested in that officer.
    (g) Director. The Director of the Bureau of Land Management.
    (h) Authorized officer. Any person authorized by law or by lawful 
delegation of authority in the Bureau of Land Management to perform the 
duties described.

                   article iii--unit area and exhibits

    3.1  The area specified on the map attached hereto marked ``Exhibit 
A'' is hereby designated and recognized as constituting the Unit Area, 
containing ------------ acres, more or less.
    The above-described Unit Area shall when practicable be expanded to 
include therein any additional lands or shall be contracted to exclude 
lands whenever such expansion or contraction is deemed to be necessary 
or advisable to conform with the purposes of this Agreement.

[[Page 533]]

    3.2  Exhibit A attached hereto and made a part hereof is a map 
showing the boundary of the Unit Area, the boundaries and identity of 
tracts and leases in said area to the extent known to the Unit Operator.
    3.3  Exhibit B attached hereto and made a part thereof is a schedule 
showing to the extent known to the Unit Operator the acreage, 
percentage, and kind of ownership of geothermal resources interests in 
all lands in the Unit Area.
    3.4  Exhibits A and B shall be revised by the Unit Operator whenever 
changes in the Unit Area render such revision necessary, or when 
requested by the authorized officer, and not less than five copies of 
the revised Exhibits shall be filed with the authorized officer.

           article iv--contraction and expansion of unit area

    4.1  Unless otherwise specified herein, the expansion and/or 
contraction of the Unit Area contemplated in Article 3.1 hereof shall be 
effected in the following manner:
    (a) Unit Operator either on demand of the Director or on its own 
motion and after prior concurrence by the Director, shall prepare a 
notice of proposed expansion or contraction describing the contemplated 
changes in the boundaries of the Unit Area, the reasons therefor, and 
the proposed effective date thereof, preferably the first day of a month 
subsequent to the date of notice.
    (b) Said notice shall be delivered to the authorized officer, and 
copies thereof mailed to the last known address of each Working Interest 
Owner, Lessee, and Lessor whose interests are affected, advising that 30 
days will be allowed for submission to the Unit Operator of any 
objections.
    (c) Upon expiration of the 30-day period provided in the preceding 
item (b) hereof, Unit Operator shall file with the authorized officer 
evidence of mailing of the notice of expansion or contraction and a copy 
of any objections thereto which have been filed with the Unit Operator, 
together with an application in sufficient number, for approval of such 
expansion or contraction and with appropriate joinders.
    (d) After due consideration of all pertinent information, the 
expansion or contraction shall, upon approval by the authorized officer, 
become effective as of the date prescribed in the notice thereof.
    4.2  Unitized Leases, insofar as they cover any lands which are 
excluded from the Unit Area under any of the provisions of this Article 
IV may be maintained and continued in force and effect in accordance 
with the terms, provisions, and conditions contained in the Act, and the 
lease or leases and amendments thereto, except that operations and/or 
production under this Unit Agreement shall not serve to maintain or 
continue the excluded portion of any lease.
    4.3  All legal subdivisions of unitized lands (i.e., 40 acres by 
Governmental survey or its nearest lot or tract equivalent in instances 
of irregular surveys), no part of which is entitled to be within a 
Participating Area on the fifth anniversary of the effective date of the 
initial Participating Area established under this Agreement, shall be 
eliminated automatically from this Agreement effective as of said fifth 
anniversary and such lands shall no longer be a part of the Unit Area 
and shall no longer be subject to this Agreement unless diligent 
drilling operations are in progress on an exploratory well on said fifth 
anniversary, in which event such lands shall not be eliminated from the 
Unit Area for as long as exploratory drilling operations are continued 
diligently with not more than four (4) months time elapsing between the 
completion of one exploratory well and the commencement of the next 
exploratory well.
    4.4  An exploratory well, for the purposes of this Article IV is 
defined as any well, regardless of surface location, projected for 
completion in a zone or deposit below any zone or deposit for which a 
Participating Area has been established and is in effect, or any well, 
regardless of surface location, projected for completion at a subsurface 
location under Unitized Lands not entitled to be within a Participating 
Area.
    4.5  In the event an exploratory well is completed during the four 
(4) months immediately preceding the fifth anniversary of the initial 
Participating Area established under this Agreement, lands not entitled 
to be within a Participating Area shall not be eliminated from this 
Agreement on said fifth anniversary, provided the drilling of another 
exploratory well is commenced under an approved Plan of Operation within 
four (4) months after the completion of said well. In such event, the 
land not entitled to be in participation shall not be eliminated from 
the Unit Area so long as exploratory drilling operations are continued 
diligently with not more than four (4) months time elapsing between the 
completion of one exploratory well and the commencement of the next 
exploratory well.
    4.6  With prior approval of the authorized officer, a period of time 
in excess of four (4) months may be allowed to elapse between the 
completion of one well and the commencement of the next well without the 
automatic elimination of nonparticipating acreage.
    4.7  Unitized lands proved productive by drilling operations which 
serve to delay automatic elimination of lands under this Article IV 
shall be incorporated into a Participating Area (or Areas) in the same 
manner as such lands would have been incorporated in such areas had such 
lands been proven productive during the year preceding said fifth 
anniversary.

[[Page 534]]

    4.8  In the event nonparticipating lands are retained under this 
Agreement after the fifth anniversary of the initial Participating Area 
as a result of exploratory drilling operations, all legal subdivisions 
of unitized land (i.e., 40 acres by Government survey or its nearest lot 
or tract equivalent in instances of irregular Surveys), no part of which 
is entitled to be within a Participating Area shall be eliminated 
automatically as of the 121 day, or such later date as may be 
established by the authorized officer, following the completion of the 
last well recognized as delaying such automatic elimination beyond the 
fifth anniversary of the initial Participating Area established under 
this Agreement.

            article v--unitized land and unitized substances

    5.1  All land committed to this Agreement shall constitute land 
referred to herein as ``Unitized Land''. All geothermal resources in and 
produced from any and all formations of the Unitized Land are unitized 
under the terms of this agreement and herein are called ``Unitized 
Substances.''

                        article vi--unit operator

    6.1  -------------- is hereby designated as Unit Operator and by 
signature hereto as Unit Operator agrees and consents to accept the 
duties and obligations of Unit Operator for the discovery, development, 
production, distribution and utilization of Unitized Substances as 
herein provided. Whenever reference is made herein to the Unit Operator, 
such reference means the Unit Operator acting in that capacity and not 
as an owner of interest in Unitized Substances, and the term ``Working 
Interest Owner'' when used herein shall include or refer to Unit 
Operator as the owner of a Working Interest when such an interest is 
owned by it.

          article vii--resignation or removal of unit operator

    7.1  Prior to the establishment of a Participating Area, hereunder, 
Unit Operator shall have the right to resign. Such resignation shall not 
become effective so as to release Unit Operator from the duties and 
obligations of Unit Operator or terminate Unit Operators rights, as 
such, for a period of six (6) months after notice of its intention to 
resign has been served by Unit Operator on all Working Interest Owners 
and the authorized officer, nor until all wells then drilled hereunder 
are placed in a satisfactory condition for suspension or abandonment 
whichever is required by the authorized officer, unless a new Unit 
Operator shall have been selected and approved and shall have taken over 
and assumed the duties and obligations of Unit Operator prior to the 
expiration of said period.
    7.2  After the establishment of a Participating Area hereunder Unit 
Operator shall have the right to resign in the manner and subject to the 
limitations provided in 7.1 above.
    7.3  The Unit Operator may, upon default or failure in the 
performance of its duties or obligations hereunder, be subject to 
removal by the same percentage vote of the owners of Working Interests 
as herein provided for the selection of a new Unit Operator. Such 
removal shall be effective upon notice thereof to the authorized 
officer.
    7.4  The resignation or removal of Unit Operator under this 
Agreement shall not terminate its right, title, or interest as the owner 
of a Working Interest or other interest in Unitized Substances, but upon 
the resignation or removal of Unit Operator becoming effective, such 
Unit Operator shall deliver possession of all wells, equipment, 
material, and appurtenances used in conducting the unit operations to 
the new duly qualified successor Unit Operator or, if no such new unit 
operator is elected, to the common agent appointed to represent the 
Working Interest Owners in any action taken hereunder to be used for the 
purpose of conducting operations hereunder.
    7.5  In all instances of resignation or removal, until a successor 
Unit Operator is selected and approved as hereinafter provided, the 
Working Interest Owners shall be jointly responsible for performance of 
the duties and obligations of Unit Operator, and shall not later than 30 
days before such resignation or removal becomes effective appoint a 
common agent to represent them in any action to be taken hereunder.
    7.6  The resignation of Unit Operator shall not release Unit 
Operator from any liability for any default by it hereunder occurring 
prior to the effective date of its resignation.

                  article viii--successor unit operator

    8.1  If, prior to the establishment of a Participating Area 
hereunder, the Unit Operator shall resign as Operator, or shall be 
removed as provided in Article VII, a successor Unit Operator may be 
selected by vote of the owners of a majority of the Working Interests in 
Unitized Substances, based on their respective shares, on an acreage 
basis, in the Unitized Land.
    8.2  If, after the establishment of a Participating Area hereunder, 
the Unit Operator shall resign as Unit Operator, or shall be removed as 
provided in Article VII, a successor Unit Operator may be selected by 
vote of the owners of a majority of the Working Interests in Unitized 
Substances, based on their respective shares, on a participating acreage 
basis. Provided, that, if a majority but less than 60 percent of the 
Working Interest in the Participating Lands is owned by the party to 
this agreement, a concurring vote of one or more additional Working 
Interest

[[Page 535]]

Owners owning 10 percent or more of the Working Interest in the 
participating land shall be required to select a new Unit Operator.
    8.3  The selection of a successor Unit Operator shall not become 
effective until:
    (a) The Unit Operator so selected shall accept in writing the 
duties, obligations and responsibilities of the Unit Operator, and
    (b) The selection shall have been approved by the authorized 
officer.
    8.4  If no successor Unit Operator is selected and qualified as 
herein provided, the Director at his election may declare this Agreement 
terminated.

     article ix--accounting provisions and unit operating agreement

    9.1  Costs and expenses incurred by Unit Operator in conducting unit 
operations hereunder shall be paid and apportioned among and borne by 
the owners of Working Interests; all in accordance with the agreement or 
agreements entered into by and between the Unit Operator and the owners 
of Working Interests, whether one or more, separately or collectively.
    9.2  Any agreement or agreements entered into between the Working 
Interest Owners and the Unit Operator as provided in this Article, 
whether one or more, are herein referred to as the ``Unit Operating 
Agreement''.
    9.3  The Unit Operating Agreement shall provide the manner in which 
the Working Interest Owners shall be entitled to receive their 
respective share of the benefits accruing hereto in conformity with 
their underlying operating agreements, leases, or other contracts, and 
such other rights and obligations, as between Unit Operator and the 
Working Interest Owners.
    9.4  Neither the Unit Operating Agreement nor any amendment thereto 
shall be deemed either to modify any of the terms and conditions of this 
Agreement or to relieve the Unit Operator of any right or obligation 
established under this Agreement.
    9.5  In case of any inconsistency or conflict between this Agreement 
and the Unit Operating Agreement, this Agreement shall govern.
    9.6  Three true copies of any Unit Operating Agreement executed 
pursuant to this Article IX shall be filed with the authorized officer 
prior to approval of this Agreement.

           article x--rights and obligations of unit operator

    10.1  The right, privilege, and duty of exercising any and all 
rights of the parties hereto which are necessary or convenient for 
prospecting, producing, distributing or utilizing Unitized Substances 
are hereby delegated to and shall be exercised by the Unit Operator as 
provided in this Agreement in accordance with a Plan of Operations 
approved by the authorized officer.
    10.2  Upon request by Unit Operator, acceptable evidence of title to 
geothermal resources interests in the Unitized Land shall be deposited 
with the Unit Operator, and together with this Agreement shall 
constitute and define the rights, privileges, and obligations of Unit 
Operator.
    10.3  Nothing in this Agreement shall be construed to transfer title 
to any land or to any lease or operating agreement, it being understood 
that the Unit Operator, in its capacity as Unit Operator shall exercise 
the rights of possession and use vested in the parties hereto only for 
the purposes specified in this Agreement.
    10.4  The Unit Operator shall take such measures as the authorized 
officer deems appropriate and adequate to prevent drainage of Unitized 
Substances from Unitized Land by wells on land not subject to this 
Agreement.
    10.5  The Director is hereby vested with authority to alter or 
modify from time to time, in his discretion, the rate of prospecting and 
development and the quantity and rate of production under this 
Agreement.

                      article xi--plan of operation

    11.1  Concurrently with the submission of this Agreement for 
approval, Unit Operator shall submit an acceptable initial Plan of 
Operation. Said plan shall be as complete and adequate as the authorized 
officer may determine to be necessary for timely exploration and/or 
development and to insure proper protection of the environment and 
conservation of the natural resources of the Unit Area.
    11.2  Prior to the expiration of the initial Plan of Operation, or 
any subsequent Plan of Operation, Unit Operator shall submit for 
approval of the authorized officer an acceptable subsequent Plan of 
Operation for the Unit Area which, when approved by the authorized 
officer, shall constitute the exploratory and/or development drilling 
and operating obligations of Unit Operators under this Agreement for the 
period specified therein.
    11.3  Any plan of Operation submitted hereunder shall:
    (a) Specify the number and locations of any wells to be drilled and 
the proposed order and time for such drilling, and
    (b) To the extent practicable, specify the operating practices 
regarded as necessary and advisable for proper conservation of natural 
resources and protection of the environment in compliance with section 
1.1.
    11.4  The Plan of Operation submitted concurrently with this 
Agreement for approval shall prescribe that within six (6) months after 
the effective date hereof, the Unit Operator shall begin to drill an 
adequate test

[[Page 536]]

well at a location approved by the authorized officer, unless on such 
effective date a well is being drilled conformably with the terms, 
hereof, and thereafter continue such drilling diligently until the ----
-------- formation has been tested or until at a lesser depth unitized 
substances shall be discovered which can be produced in paying 
quantities (i.e., quantities sufficient to repay the costs of drilling, 
completing, and producing operations, with a reasonable profit) or the 
Unit Operator shall at any time establish to the satisfaction of the 
authorized officer that further drilling of said well would be 
unwarranted or impracticable, Provided, however, That Unit Operator 
shall not in any event be required to drill said well to a depth in 
excess of -------- feet.
    11.5  The initial Plan of Operation and/or subsequent Plans of 
Operation submitted under this article shall provide that the Unit 
Operator shall initiate a continuous drilling program providing for 
drilling of no less than one well at a time, and allowing no more than 
six (6) months time to elapse between completion of one well and the 
beginning of the next well, until a well capable of producing Unitized 
Substances in paying quantities is completed to the satisfaction of the 
authorized officer or until it is reasonably proved that the Unitized 
Land is incapable of producing Unitized Substances in paying quantities 
in the formations drilled under this Agreement.
    11.6  When warranted by unforeseen circumstances, the authorized 
officer may grant a single extension of any or all of the critical dates 
for exploratory drilling operations cited in the initial or subsequent 
Plans of Operation. No such extension shall exceed a period of four (4) 
months for each well, required by the initial Plan of Operation.
    11.7  Until there is actual production of Unitized Substances, the 
failure of Unit Operator to timely drill any of the wells provided for 
in Plans of Operation required under this Article XI or to timely submit 
an acceptable subsequent Plan of Operations, shall, after notice of 
default or notice of prospective default to Unit Operator by the 
authorized officer and after failure of Unit Operator to remedy any 
actual default within a reasonable time (as determined by the authorized 
officer), result in automatic termination of this Agreement effective as 
of the date of the default, as determined by the authorized officer.
    11.8  Separate Plans of Operations may be submitted for separate 
productive zones, subject to the approval of the authorized officer. 
Also subject to the approval of the authorized officer, Plans of 
Operation shall be modified or supplemented when necessary to meet 
changes in conditions or to protect the interest of all parties to this 
Agreement.

                    article xii--participating areas

    12.1  Prior to the commencement of production of Unitized 
Substances, the Unit Operator shall submit for approval by the 
authorized officer a schedule (or schedules) of all land then regarded 
as reasonably proved to be productive from a pool or deposit discovered 
or developed; all lands in said schedule (or schedules), on approval of 
the authorized officer, will constitute a Participating Area (or Areas) 
effective as of the date production commences or the effective date of 
this Unit Agreement, whichever is later. Said schedule (or schedules) 
shall also set forth the percentage of Unitized Substances to be 
allocated, as herein provided, to each tract in the Participating Area 
(or Areas) so established and shall govern the allocation of production 
commencing with the effective date of the Participating Area.
    12.2  A separate Participating Area shall be established for each 
separate pool or deposit of Unitized Substances or for any group thereof 
which is produced as a single pool or deposit and any two or more 
Participating Areas so established may be combined into one, on approval 
of the authorized officer. The effective date of any Participating Area 
established after the commencement of actual production of Unitized 
Substances shall be the first of the month in which is obtained the 
knowledge or information on which the establishment of said 
Participating Area is based, unless a more appropriate effective date is 
proposed by the Unit Operator and approved by the authorized officer.
    12.3  Any Participating Area (or Areas) established under 12.1 or 
12.2 above shall, subject to the approval of the authorized officer, be 
revised from time to time to include additional land then regarded as 
reasonably proved to be productive from the pool or deposit for which 
the Participating Area was established or to include lands necessary to 
unit operations, or to exclude land then regarded as reasonably proved 
not to be productive from the pool or deposit for which the 
Participating Area was established or to exclude land not necessary to 
unit operations and the schedule (or schedules) of allocation 
percentages shall be revised accordingly.
    12.4  Subject to the limitation cited in 12.1 hereof, the effective 
date of any revision of a Participating Area established under Articles 
12.1 or 12.2 shall be the first of the month in which is obtained the 
knowledge or information on which such revision is predicated, provided, 
however, that a more appropriate effective date may be used if justified 
by the Unit Operator and approved by the authorized officer.
    12.5  No land shall be excluded from a Participating Area on account 
of depletion of the Unitized Substances, except that any Participating 
Area established under the

[[Page 537]]

provisions of this Article XII shall terminate automatically whenever 
all operations are abandoned in the pool or deposit for which the 
Participating Area was established.
    12.6  Nothing herein contained shall be construed as requiring any 
retroactive adjustment for production obtained prior to the effective 
date of the revision of a Participating Area.

             article xiii--allocation of unitized substances

    13.1  All Unitized Substances produced from a Participating Area, 
established under this Agreement, shall be deemed to be produced equally 
on an acreage basis from the several tracts of Unitized Land within the 
Participating Area established for such production.
    13.2  For the purpose of determining any benefits accruing under 
this Agreement, each Tract of Unitized Land shall have allocated to it 
such percentage of said production as the number of acres in the Tract 
included in the Participating Area bears to the total number of acres of 
Unitized Land in said Participating Area.
    13.3  Allocation of production hereunder for purposes other than for 
settlement of the royalty obligations of the respective Working Interest 
Owners, shall be on the basis prescribed in the Unit Operating Agreement 
whether in conformity with the basis of allocation set forth above or 
otherwise.
    13.4  The Unitized Substances produced from a Participating Area 
shall be allocated as provided herein regardless of whether any wells 
are drilled on any particular part or tract of said Participating Area.

                  article xiv--relinquishment of leases

    14.1  Pursuant to the provisions of the Federal leases and 43 CFR 
3244.1, a lessee of record shall, subject to the provisions of the Unit 
Operating Agreement, have the right to relinquish any of its interests 
in leases committed hereto, in whole or in part; provided, that no 
relinquishment shall be made of interests in land within a Participating 
Area without the prior approval of the Director.
    14.2  A Working Interest Owner may exercise the right to surrender, 
when such right is vested in it by any non-Federal lease, sublease, or 
operating agreement, provided that each party who will or might acquire 
the Working Interest in such lease by such surrender or by forfeiture is 
bound by the terms of this Agreement, and further provided that no 
relinquishment shall be made of such land within a Participating Area 
without the prior written consent of the non-Federal Lessor.
    14.3  If, as the result of relinquishment, surrender, or forfeiture 
the Working Interests become vested in the fee owner or lessor of the 
Unitized Substances, such owner may:
    (1) Accept those Working Interest rights and obligations subject to 
this Agreement and the Unit Operating Agreement; or
    (2) Lease the portion of such land as is included in a Participating 
Area established hereunder, subject to this Agreement and the Unit 
Operating Agreement; and provide for the independent operation of any 
part of such land that is not then included within a Participating Area 
established hereunder.
    14.4  If the fee owner or lessor of the Unitized Substances does 
not, (1) accept the Working Interest rights and obligations subject to 
this Agreement and the Unit Operating Agreement, or (2) lease such lands 
as provided in 14.3 above within six (6) months after the relinquished, 
surrendered, or forfeited Working Interest becomes vested in said fee 
owner or lessor, the Working Interest benefits and obligations accruing 
to such land under this Agreement and the Unit Operating Agreement shall 
be shared by the owners of the remaining unitized Working Interests in 
accordance with their respective Working Interest ownerships, and such 
owners of Working Interests shall compensate the fee owner or lessor of 
Unitized Substances in such lands by paying sums equal to the rentals, 
minimum royalties, and royalties applicable to such lands under the 
lease or leases in effect when the Working Interests were relinquished, 
surrendered, or forfeited.
    14.5  Subject to the provisions of 14.4 above, an appropriate 
accounting and settlement shall be made for all benefits accruing to or 
payments and expenditures made or incurred on behalf of any surrendered 
or forfeited Working Interest subsequent to the date of surrender or 
forfeiture, and payment of any moneys found to be owing by such an 
accounting shall be made as between the parties within thirty (30) days.
    14.6  In the event no Unit Operating Agreement is in existence and a 
mutually acceptable agreement cannot be consummated between the proper 
parties, the authorized officer may prescribe such reasonable and 
equitable conditions of agreement as he deems warranted under the 
circumstances.
    14.7  The exercise of any right vested in a Working Interest Owner 
to reassign such Working Interest to the party from whom obtained shall 
be subject to the same conditions as set forth in this Article XIV in 
regard to the exercise of a right to surrender.

                article xv--rentals and minimum royalties

    15.1  Any unitized lease on non-Federal land containing provisions 
which would terminate such lease unless drilling operations are 
commenced upon the land covered thereby within the time therein 
specified or rentals are paid for the privilege of deferring such 
drilling operations, the rentals required thereby shall, notwithstanding 
any other

[[Page 538]]

provisions of this Agreement, be deemed to accrue as to the portion of 
the lease not included within a Participating Area and become payable 
during the term thereof as extended by this Agreement, and until the 
required drillings are commenced upon the land covered thereby.
    15.2  Rentals are payable on Federal leases on or before the 
anniversary date of each lease year; minimum royalties accrue from the 
anniversary date of each lease year and are payable at the end of the 
lease year.
    15.3  Beginning with the lease year commencing on or after --------
---- and for each lease year thereafter, rental or minimum royalty for 
lands of the United States subject to this Agreement shall be made on 
the following basis:
    (a) An advance annual rental in the amount prescribed in unitized 
Federal leases, in no event creditable against production royalties, 
shall be paid for each acre or fraction thereof which is not within a 
Participating Area.
    (b) A minimum royalty shall be charged at the beginning of each 
lease year (such minimum royalty to be due as of the last day of the 
lease year and payable within thirty (30) days thereafter) of $2 an acre 
or fraction thereof, for all Unitized Acreage within a Participating 
Area as of the beginning of the lease year. If there is production 
during the lease year the deficit, if any, between the actual royalty 
paid and the minimum royalty prescribed herein shall be paid.
    15.4  Rental or minimum royalties due on leases committed hereto 
shall be paid by Working Interest Owners responsible therefor under 
existing contracts, laws, and regulations, or by the Unit Operator.
    15.5  Settlement for royalty interest shall be made by Working 
Interest Owners responsible therefor under existing contracts, laws, and 
regulations, or by the Unit Operator, on or before the last day of each 
month for Unitized Substances produced during the preceding calendar 
month.
    15.6  Royalty due the United States shall be computed as provided in 
the operating regulations and paid in value as to all Unitized 
Substances on the basis of the amounts thereof allocated to unitized 
Federal land as provided herein at the royalty rate or rates specified 
in the respective Federal leases.
    15.7  Nothing herein contained shall operate to relieve the lessees 
of any land from their respective lease obligations for the payment of 
any rental, minimum royalty, or royalty due under their leases.

            article xvi--operations on nonparticipating land

    16.1  Any party hereto owning or controlling the Working Interest in 
any Unitized Land having thereon a regular well location may, with the 
approval of the authorized officer and at such party's sole risk, costs, 
and expense, drill a well to test any formation of deposit for which a 
Participating Area has not been established or to test any formation or 
deposit for which a Participating Area has been established if such 
location is not within said Participating Area, unless within 30 days of 
receipt of notice from said party of his intention to drill the well, 
the Unit Operator elects and commences to drill such a well in like 
manner as other wells are drilled by the Unit Operator under this 
Agreement.
    16.2  If any well drilled by a Working Interest Owner other than the 
Unit Operator proves that the land upon which said well is situated may 
properly be included in a Participating Area, such Participating Area 
shall be established or enlarged as provided in this Agreement and the 
well shall thereafter be operated by the Unit Operator in accordance 
with the terms of this Agreement and the Unit Operating Agreement.

        article xvii--leases and contracts conformed and extended

    17.1  The terms, conditions, and provisions of all leases, 
subleases, and other contracts relating to exploration, drilling, 
development, or utilization of geothermal resources on lands committed 
to this Agreement, are hereby expressly modified and amended only to the 
extent necessary to make the same conform to the provisions hereof, 
otherwise said leases, subleases, and contracts shall remain in full 
force and effect.
    17.2  The parties hereto consent that the Secretary shall, by his 
approval hereof, modify and amend the Federal leases committed hereto 
and the regulations in respect thereto to the extent necessary to 
conform said leases and regulations to the provisions of this Agreement.
    17.3  The development and/or operation of lands subject to this 
Agreement under the terms hereof shall be deemed full performance of any 
obligations for development and operation with respect to each and every 
separately owned tract subject to this Agreement, regardless of whether 
there is any development of any particular tract of the Unit Area.
    17.4  Drilling and/or producing operations performed hereunder upon 
any tract of Unitized Lands will be accepted and deemed to be performed 
upon and for the benefit of each and every tract of Unitized Land.
    17.5  Suspension of operations and/or production on all Unitized 
Lands pursuant to direction or consent of the Secretary or his duly 
authorized representative shall be deemed to constitute such suspension 
pursuant to such direction or consent as to each and every tract of 
Unitized Land. A suspension of operations and/or production limited to 
specified lands shall be applicable only to such lands.
    17.6  Subject to the provisions of Article XV hereof and 17.10 of 
this Article, each

[[Page 539]]

lease, sublease, or contract relating to the exploration, drilling, 
development, or utilization of geothermal resources of lands other than 
those of the United States committed to this Agreement, is hereby 
extended beyond any such term so provided therein so that it shall be 
continued for and during the term of this Agreement.
    17.7  Subject to the lease renewal and the readjustment provision of 
the Act, any Federal lease committed hereto may, as to the Unitized 
Lands, be continued for the term so provided therein, or as extended by 
law. This subsection shall not operate to extend any lease or portion 
thereof as to lands excluded from the Unit Area by the contraction 
thereof.
    17.8  Each sublease or contract relating to the operations and 
development of Unitized Substances from lands of the United States 
committed to this Agreement shall be continued in force and effect for 
and during the term of the underlying lease.
    17.9  Any Federal lease heretofore or hereafter committed to any 
such unit plan embracing lands that are in part within and in part 
outside of the area covered by any such plan shall be segregated into 
separate leases as to the lands committed and the lands not committed as 
of the effective date of unitization.
    17.10  In the absence of any specific lease provision to the 
contrary, any lease, other than a Federal lease, having only a portion 
of its land committed hereto shall be segregated as to the portion 
committed and the portion not committed, and the provisions of such 
lease shall apply separately to such segregated portions commencing as 
of the effective date hereof. In the event any such lease provides for a 
lump-sum rental payment, such payment shall be prorated between the 
portions so segregated in proportion to the acreage of the respective 
tracts.
    17.11  Upon termination of this Agreement, the leases covered hereby 
may be maintained and continued in force and effect in accordance with 
the terms, provisions, and conditions of the Act, the lease or leases, 
and amendments thereto.

                 article xviii--effective date and term

    18.1  This Agreement shall become effective upon approval by the 
Secretary or his duly authorized representative and shall terminate five 
(5) years from said effective date unless,
    (a) Such date of expiration is extended by the Director, or
    (b) Unitized Substances are produced or utilized in commercial 
quantities in which event this Agreement shall continue for so long as 
Unitized Substances are produced or utilized in commercial quantities, 
or
    (c) This Agreement is terminated prior to the end of said five (5) 
year period as heretofore provided.
    18.2  This Agreement may be terminated at any time by the owners of 
a majority of the Working Interests, on an acreage basis, with the 
approval of the authorized officer. Notice of any such approval shall be 
given by the Unit Operator to all parties hereto.

                        article xix--appearances

    19.1  Unit Operator shall, after notice to other parties affected, 
have the right to appear for and on behalf of any and all interests 
affected hereby before the Department of the Interior, and to appeal 
from decisions, orders or rulings issued under the regulations of said 
Department, or to apply for relief from any of said regulations or in 
any proceedings relative to operations before the Department of the 
Interior or any other legally constituted authority: Provided, however, 
That any interested parties shall also have the right, at its own 
expenses, to be heard in any such proceeding.

                 article xx--no waiver of certain rights

    20.1  Nothing contained in this Agreement shall be construed as a 
waiver by any party hereto of the right to assert any legal or 
constitutional right or defense pertaining to the validity or invalidity 
of any law of the State wherein lands subject to this Agreement are 
located, or of the United States, or regulations issued thereunder, in 
any way affecting such party or as a waiver by any such party of any 
right beyond his or its authority to waive.

                     article xxi--unavoidable delay

    21.1  The obligations imposed by this Agreement requiring Unit 
Operator to commence or continue drilling or to produce or utilize 
Unitized Substances from any of the land covered by this Agreement, 
shall be suspended while, but only so long as, Unit Operator, despite 
the exercise of due care and diligence, is prevented from complying with 
such obligations, in whole or in part, by strikes, Acts of God, Federal 
or other applicable law, Federal or other authorized governmental 
agencies, unavoidable accidents, uncontrollable delays in 
transportation, inability to obtain necessary materials in open market, 
or other matters beyond the reasonable control of Unit Operator, whether 
similar to matters herein enumerated or not.
    21.2  No unit obligation which is suspended under this section shall 
become due less than thirty (30) days after it has been determined that 
the suspension is no longer applicable.
    21.3  Determination of creditable ``Unavoidable Delay'' time shall 
be made by the Unit Operator subject to approval of the authorized 
officer.

                article xxii--postponement of obligations

    22.1  Notwithstanding any other provisions of this Agreement, the 
Director, on his own

[[Page 540]]

initiative or upon appropriate justification by Unit Operator, may 
postpone any obligation established by and under this Agreement to 
commence or continue drilling or to operate on or produce Unitized 
Substances from lands covered by this Agreement when in his judgement, 
circumstances warrant such action.

                    article xxiii--nondiscrimination

    23.1  In connection with the performance of work under this 
Agreement, the Operator agrees to comply with all of the provisions of 
section 202 (1) to (7) inclusive, of Executive Order 11246 (30 FR 
12319), as amended by Executive Order 11375 (32 FR 14303), which are 
hereby incorporated by reference in this Agreement.

                       article xxiv--counterparts

    24.1  This Agreement may be executed in any number of counterparts 
no one of which needs to be executed by all parties, or may be ratified 
or consented to by separate instruments in writing specifically 
referring hereto, and shall be binding upon all parties who have 
executed such a counterpart, ratification or consent hereto, with the 
same force and effect as if all such parties had signed the same 
document.

                     article xxv--subsequent joinder

    25.1  If the owner of any substantial interest in geothermal 
resources under a tract within the Unit Area fails or refuses to 
subscribe or consent to this Agreement, the owner of the Working 
Interest in that tract may withdraw said tract from this Agreement by 
written notice delivered to the authorized officer and the Unit Operator 
prior to the approval of this Agreement by the authorized officer.
    25.2  Any geothermal resources interests in lands within the Unit 
Area not committed hereto prior to approval of this Agreement may 
thereafter be committed by the owner or owners thereof subscribing or 
consenting to this Agreement, and, if the interest is a Working 
Interest, by the owner of such interest also subscribing to the Unit 
Operating Agreement.
    25.3  After operations are commenced hereunder, the right of 
subsequent joinder, as provided in this Article XXV, by a working 
Interest Owner is subject to such requirements or approvals, if any, 
pertaining to such joinder, as may be provided for in the Unit Operating 
Agreement. Joinder to the Unit Agreement by a Working Interest Owner, at 
any time, must be accompanied by appropriate joinder to the Unit 
Operating Agreement, if more than one committed Working Interest Owner 
is involved, in order for the interest to be regarded as committed to 
this Unit Agreement.
    25.4  After final approval hereof, joinder by a nonworking interest 
owner must be consented to in writing by the Working Interest Owner 
committed hereto and responsible for the payment of any benefits that 
may accrue hereunder in behalf of such nonworking interest. A nonworking 
interest may not be committed to this Agreement unless the corresponding 
Working Interest is committed hereto.
    25.5  Except as may otherwise herein be provided, subsequent 
joinders to this Agreement shall be effective as of the first day of the 
month following the filing with the authorized officer of duly executed 
counterparts of all or any papers necessary to establish effective 
commitment of any tract to this Agreement unless objection to such 
joinder is duly made within sixty (60) days by the authorized officer.

                article xxvi--covenants run with the land

    26.1  The covenants herein shall be construed to be covenants 
running with the land with respect to the interest of the parties hereto 
and their successors in interest until this Agreement terminates, and 
any grant, transfer, or conveyance, of interest in land or leases 
subject hereto shall be and hereby is conditioned upon the assumption of 
all privileges and obligations hereunder by the grantee, transferee, or 
other successor in interest.
    26.2  No assignment or transfer of any Working Interest or other 
interest subject hereto shall be binding upon Unit Operator until the 
first day of the calendar month after Unit Operator is furnished with 
the original, photostatic, or certified copy of the instrument of 
transfer.

                         article xxvii--notices

    27.1  All notices, demands or statements required hereunder to be 
given or rendered to the parties hereto shall be deemed fully given if 
given in writing and personally delivered to the party or sent by 
postpaid registered or certified mail, addressed to such party or 
parties at their respective addresses set forth in connection with the 
signatures hereto or to the ratification or consent hereof or to such 
other address as any such party may have furnished in writing to party 
sending the notice, demand or statement.

                      article xxviii--loss of title

    28.1  In the event title to any tract of Unitized Land shall fail 
and the true owner cannot be induced to join in this Agreement, such 
tract shall be automatically regarded as not committed hereto and there 
shall be such readjustment of future costs and benefits as may be 
required on account of the loss of such title.
    28.2  In the event of a dispute as to title as to any royalty, 
Working Interest, or other

[[Page 541]]

interests subject hereto, payment or delivery on account thereof may be 
withheld without liability for interest until the dispute is finally 
settled: Provided, That, as to Federal land or leases, no payments of 
funds due the United States shall be withheld, but such funds shall be 
deposited as directed by the authorized officer to be held as unearned 
money pending final settlement of the title dispute, and then applied as 
earned or returned in accordance with such final settlement.

                           article xxix--taxes

    29.1  The Working Interest Owners shall render and pay for their 
accounts and the accounts of the owners of nonworking interests all 
valid taxes on or measured by the Unitized Substances in and under or 
that may be produced, gathered, and sold or utilized from the land 
subject to this Agreement after the effective date hereof.
    29.2  The Working Interest Owners on each tract may charge a proper 
proportion of the taxes paid under 29.1 hereof to the owners of 
nonworking interests in said tract, and may reduce the allocated share 
of each royalty owner for taxes so paid. No taxes shall be charged to 
the United States or the State of ------------ or to any lessor who has 
a contract with his lessee which requires the lessee to pay such taxes.

                    article xxx--relation of parties

    30.1  It is expressly agreed that the relation of the parties hereto 
is that of independent contractors and nothing in this Agreement 
contained, expressed, or implied, nor any operations conducted 
hereunder, shall create or be deemed to have created a partnership or 
association between the parties hereto or any of them.

   article xxxi--special federal lease stipulations and/or conditions

    31.1  Nothing in this Agreement shall modify special lease 
stipulations and/or conditions applicable to lands of the United States. 
No modification of the conditions necessary to protect the lands or 
functions of lands under the jurisdiction of any Federal agency is 
authorized except with prior consent in writing whereby the authorizing 
official specifies the modification permitted.
    In witness whereof, the parties hereto have caused this Agreement to 
be executed and have set opposite their respective names the date of 
execution.

 Unit operator (as unit operator and as working interest owner)_________


      Witnesses:



      Witnesses:

 By_____________________________________________________________________

      Working Interest Owners:



      Witnesses:

 By_____________________________________________________________________

      Other Interest Owners:

 By_____________________________________________________________________
[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
44793, Sept. 30, 1983]



Sec. 3286.1-1  Model Exhibit ``A''.

[[Page 542]]


          [GRAPHIC] [TIFF OMITTED] TC01FE91.055
          
[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
44794, Sept. 30, 1983]

[[Page 543]]

Sec. 3286.1-2  Model Exhibit ``B''.

                                         Exhibit B--Big Vapor Unit Area, Napa County, Calif., T. 13 N., R. 10 W.                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Serial                                                            
                                                                                    number and   Basic royalty and                                      
           Tract No.             Description of land         Number of acres        expiration       ownership       Lessee of record   Working interest
                                                                                      date of       percentage                           and percentage 
                                                                                       lease                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Federal                                        California                                                          
                                     land                                serials                                                                        
                                                                                                                                                        
1..............................  Sec. 14: All                             1,890.00       38470  United States: All  Volcanics, Inc...  Volcanics, Inc:  
                                                                                                                                        All.            
                                 Sec. 15: All                                          7-31-82                                                          
                                 Sec. 23: Lots 1, 2,                                                                                                    
                                  S\1/2\, NE\1/4\,                                                                                                      
                                  E\1/2\NW\1/4\                                                                                                         
2..............................  Sec. 35: All                               640.00       39123  ......do..........  D. H. Boiler.....  Hot Rock Co.:    
                                                                                                                                        All.            
                                                                                       7-31-82                                                          
3..............................  Sec. 21: All                             1,280.00       41345  ......do..........  C. S. Waters--50%  Volcanics, Co.:  
                                                                                                                                        50%.            
                                 Sec. 28: All                                          7-31-81    ................  D. F. Mann--50%..  Hot Rock Co.:    
                                                                                                                                        50%.            
4..............................  Sec. 27: All                             1,280.00       41679  ......do..........  H. C. Pipes......  Fumarole, Ltd.:  
                                                                                                                                        All.            
                                 Sec. 33: All                                                                                                           
5..............................  Sec. 26: All                               961.50       71278  ......do..........  Hot Rock Co......  Hot Rock Co.:    
                                                                                                                                        All.            
                                 Sec. 25: S\1/2\                                                                                                        
6..............................  Sec. 24: All                               965.80       83970  ......do..........  H. C. Pipes......      Do.          
                                 Sec. 25: N\1/2\                                         Appl.                                                          
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              6 Federal tracts 7,017.30 acres or 68.47% of unit area.                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     California                                                                                                         
                                     State land                                                                                                         
7..............................  Sec. 16: All                             1,280.60    65-67430  State of            Hot Rock Co......  Hot Rock Co.:    
                                                                                                 California: All.                       All.            
             ..................  Sec. 36: All                                                                                                           
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               1 State tract 1,280.60 acres or 12.49% of unit area.                                                                     
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Patented land                                                                                                        
                                                                                                                                                        
8..............................  Sec. 13: All                               641.20     6-30-79  I. B. Hadde: All..  Fumarole, Ltd....  Fumarole, Ltd.:  
                                                                                                                                        All.            
9..............................  Sec. 22: Lots 1, 2,                        590.00     2-28-81  J. P. Smith: All..  ......do.........      Do.          
                                  3, 4, S\1/2\, NW\1/                                                                                                   
                                  4\                                                                                                                    
10.............................  Sec. 34: All                               640.00     3-31-81  A. G. Quick: 75%..  Hot Rock Co......  Hot Rock Co.:    
                                                                                                                                        All.            
                                                                                                P. T. Land: 25%...                                      
11.............................  Tract 39                                    80.00     4-30-81  M. V. Jones: All..  Unleased.........  M. V. Jones: All.
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             4 Patented tracts 1.951.20 acres or 19.04% of unit area.                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total--11 tracts 10, 249.10 acres in entire unit area.                                                                                                  


[[Page 544]]



Sec. 3286.2  Model unit bond.

                       Collective Corporate Surety

    Know all men by these presents, That we, ---------------- (Name of 
Unit Operator) signing as Principal, for and on behalf of the record 
owners of unitized substances now or hereafter covered by the unit 
agreement for this ---------------- (Name of Unit) approved ----------, 
(Date) ----------------, (Name and address of Surety) as Surety are 
jointly and severally held and firmly bound unto the United States of 
America in the sum of ---------------- (Amount of bond) Dollars, lawful 
money of the United States, for the use and benefit of and to be paid to 
the United States and any entryman or patentee of any portion of the 
unitized land, heretofore entered or patented with the reservation of 
the geothermal resources deposits to the United States, for which 
payment well and truly to be made, we bind ourselves, and each of us, 
and each of our heirs, executors, administrators, successors, and 
assigns by these presents.
    The condition of the foregoing obligation is such that, whereas the 
Secretary on ------------ (Date) approved under the provisions of the 
Geothermal Steam Act of 1970, a unit agreement for the development and 
operation of the ---------------- (Name of Unit and State); and
    Whereas said Principal and record owners of unitized substances, 
pursuant to said unit agreement, have entered into certain covenants and 
agreements as set forth therein, under which operations are to be 
conducted; and
    Whereas said Principal as Unit Operator has assumed the duties and 
obligations of the respective owners of unitized substances as defined 
in said unit agreement; and
    Whereas said Principal and surety agree to remain bound in the full 
amount of the bond for failure to comply with the terms of the unit 
agreement, and the payment of rentals, minimum royalties, and royalties 
due under the Federal leases committed to said unit agreement; and
    Whereas the Surety hereby waives any right of notice of and agrees 
that this bond may remain in force and effect notwithstanding:
    (a) Any additions to or change in the ownership of the unitized 
substances herein described.
    (b) Any suspension of the drilling or producing requirements or 
waiver, suspension or reduction of rental or minimum royalty payments or 
reduction of royalties pursuant to applicable laws or regulations 
thereunder; and
    Whereas said Principal and Surety agree to the payment of 
compensatory royalty under the regulations of the Interior Department in 
lieu of drilling necessary offset wells in the event of drainage; and
    Whereas nothing herein contained shall preclude the United States 
from requiring an additional bond at any time when deemed necessary:
    Now, therefore, if the said Principal shall faithfully comply with 
all of the provisions of the above-identified unit agreement and with 
the terms of the leases committed thereto, then the above obligation is 
to be of no effect; otherwise to remain in full force and virtue.
    Signed, sealed, and delivered this ----------day of ------------, 
19----, in the presence of:
Witnesses:

 _______________________________________________________________________
                                                             (Principal)
 _______________________________________________________________________
                                                              (Surety)  
[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
44794, Sept. 30, 1983]



Sec. 3286.3  Model designation of successor operator.

    Designation of successor Unit Operator ------------, Unit Area, 
County of --------, State of ------------, No. ------.
    This indenture, dated as of the ------ day of ------------, 19----, 
by and between ----------------, hereinafter designated as ``First 
Party,'' and the owners of unitized working interest, hereinafter 
designated as ``Second Parties.''
    Witnesseth: Whereas under the provisions of the Geothermal Steam Act 
of December 24, 1970, 84 Stat. 1566, the Secretary on the ------ day of 
------------, 19----, approved a unit agreement for the ------------ 
Unit Area, wherein ------------ is designated as Unit Operator; and
    Whereas said ---------------- has resigned as such Operator, 1 
and the designation of a successor Unit Operator is now required 
pursuant to the terms thereof; and

     1 Where the designation of a successor Unit Operator is 
required for any reason other than resignation, such reason shall be 
substituted for the one stated.

    Whereas First Party has been and hereby is designated by Second 
Parties as a Unit Operator, and said First Party desires to assume all 
the rights, duties, and obligations of Unit Operator under the said unit 
agreement.
    Now, therefore, in consideration of the premises hereinbefore set 
forth and the promises hereinafter stated, the First Party hereby 
covenants and agrees to fulfill the duties and assume the obligations of 
Unit Operator under and pursuant to all the terms of

[[Page 545]]

the ------------ unit agreement, and the Second Parties covenant and 
agree that, effective upon approval of this indenture by the authorized 
officer, of the Minerals Management Service, First Party shall be 
granted the exclusive right and privilege of exercising any and all 
rights and privileges and Unit Operator, pursuant to the terms and 
conditions of said unit agreement; said unit agreement being hereby 
incorporated herein by references and made a part hereof as fully and 
effectively as though said unit agreement were expressly set forth in 
this instrument.
    In witness whereof, the parties hereto have executed this instrument 
as of the date hereinabove set forth.

 _______________________________________________________________________
                                                           (First Party)
 _______________________________________________________________________
(Witnesses)
 _______________________________________________________________________
                                                          (Second Party)
 _______________________________________________________________________
(Witnesses)

    I hereby approve the foregoing indenture designating ------------ as 
Unit Operator under the unit agreement for the ----------Unit Area, this 
------ day of ------------, 19----.

________________________________________________________________________
                                               Authorized Officer,      
                                            Bureau of Land Management.  

[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
44794, Sept. 30, 1983]



Sec. 3286.4  Model change of operator by assignment.

    Change in Unit Operator ------------ unit Area, County of ----------
--, State of ------------, No. ------.
    This indenture, dated as of the ------ day of ----------------, 19--
--, by and between -------------------- hereinafter designated as 
``First Party,'' and ----------------, hereinafter designated as 
``Second Party.''
    Witnesseth: Whereas under the provisions of the Geothermal Steam Act 
of December 24, 1970, 84 Stat. 1566, the Secretary on the ------ day of 
------------, 19----, approved a unit agreement for the ------------ 
Unit Area, wherein the First Party is designated as Unit Operator; and
    Whereas the First Party desires to transfer, assign, release, and 
quitclaim, and the Second Party desires to assume all the rights, 
duties, and obligations of Unit Operator under the unit agreement; and
    Whereas for sufficient and valuable consideration, the receipt 
whereof is hereby acknowledged, the First Party has transferred, 
conveyed and assigned all his/its rights under certain operating 
agreements involving lands within the area set forth in said unit 
agreement unto the Second Party:
    Now, therefore, in consideration of the premises hereinbefore set 
forth, the First Party does hereby transfer, assign, release, and 
quitclaim unto Second Party all of First Party's rights, duties and 
obligations as Unit Operator under said unit agreement; and
    Second Party hereby accept this assignment and hereby covenants and 
agrees to fulfill the duties and assume the obligations of Unit Operator 
under and pursuant to all the terms of said unit agreement to the full 
extent set forth in this assignment, effective upon approval of this 
indenture by the authorized officer of the Minerals Management Service; 
said unit agreement being hereby incorporated herein by reference and 
made a part hereof as fully and effectively as though said unit 
agreement were expressly set forth in this instrument.
    In witness whereof, the parties hereto have executed this instrument 
as of the date hereinabove set forth.

 _______________________________________________________________________
                                                       (First Party)    
________________________________________________________________________
(Witnesses)
 _______________________________________________________________________
                                                        (Second Party)  
________________________________________________________________________
(Witnesses)

    I hereby approve the foregoing indenture designated ---------------- 
as Unit Operator under the unit agreement for the ---------- Unit Area, 
this ------ day of ----------, 19----.

________________________________________________________________________
                                               Authorized Officer,      
                                            Bureau of Land Management.  
[38 FR 35073, Dec. 21, 1973. Redesignated and amended at 48 FR 44792, 
44794, Sept. 30, 1983]



                       Group 3400--Coal Management

    Note:  The information collection requirements contained in parts 
3400, 3410, 3420, 3430, 3450, 3460 and 3470 of Group 3400 have been 
approved by the Office of Management and Budget under 44 U.S.C. 3507 and 
assigned clearance number 1004-0073. The information is being collected 
to allow the authorized officer to determine if the applicant to lease, 
for or develop Federal coal is qualified to hold such lease. This 
information will be used in making those determinations. The obligation 
to respond is required to obtain a benefit.
(See 47 FR 33133, July 30, 1982)

[[Page 546]]



PART 3400--COAL MANAGEMENT: GENERAL--Table of Contents




                   Subpart 3400--Introduction: General

Sec.
3400.0-3  Authority.
3400.0-5  Definitions.
3400.1  Multiple development.
3400.2  Lands subject to leasing.
3400.3  Limitations on authority to lease.
3400.3-1  Consent or conditions of surface management agency.
3400.3-2  Department of Defense lands.
3400.3-3  Department of Agriculture lands.
3400.3-4  Trust protection lands.
3400.4  Federal/state government cooperation.
3400.5  Coal production regions.
3400.6  Minimum comment period.

    Authority:  30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 
U.S.C. 1461, 1733, and 1740.

    Source:  44 FR 42609, July 19, 1979, unless otherwise noted.



                   Subpart 3400--Introduction: General



Sec. 3400.0-3  Authority.

    (a) These regulations are issued under the authority of and to 
implement provisions of:
    (1) The Mineral Leasing Act of February 25, 1920, as amended (30 
U.S.C. 181 et seq.).
    (2) The Mineral Leasing Act for Acquired Lands of August 7, 1947, as 
amended (30 U.S.C. 351-359 et seq.).
    (3) The Federal Land Policy and Management Act of 1976, October 21, 
1976 (43 U.S.C. 1701 et seq.).
    (4) The Surface Mining Control and Reclamation Act of 1977, August 
3, 1977 (30 U.S.C. 1201 et seq.).
    (5) The Multiple Mineral Development Act of August 13, 1954 (30 
U.S.C. 521-531 et seq.).
    (6) The Department of Energy Organization Act of August 4, 1977 (42 
U.S.C. 7101 et seq.).
    (7) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
    (8) The Federal Coal Leasing Amendments Act of 1976, as amended (90 
Stat. 1083-1092).
    (9) The Act of October 30, 1978 (92 Stat. 2073-2075).
    (b) Specific citations of authority in subsequent subparts of this 
Group 3400 are to authorities from which the subpart is chiefly derived 
or which the subpart chiefly implements.



Sec. 3400.0-5  Definitions.

    As used in this group:
    (a) Alluvial valley floor has the meaning set forth in 30 CFR 
Chapter VII.
    (b) Authorized officer means any employee of the Bureau of Land 
Management delegated the authority to perform the duty described in the 
section in which the term is used.
    (c) Bonus means that value in excess of the rentals and royalties 
that accrues to the United States because of coal resource ownership 
that is paid as part of the consideration for receiving a lease.
    (d) Bypass coal means an isolated coal deposit that cannot, for the 
foreseeable future, be mined economically and in an environmentally 
sound manner either separately or as part of any mining operation other 
than that of the applicant for either an emergency lease under the 
provisions of Sec. 3425.1-4 of this title or a lease modification.
    (e) Casual use means activities which do not ordinarily lead to any 
appreciable disturbance or damage to lands, resources or improvements, 
for example, activities which do not involve use of heavy equipment or 
explosives and which do not involve vehicle movement except over already 
established roads and trails.
    (f) Certificate of bidding rights means a right granted by the 
Secretary to apply the fair market value of a relinquished coal or other 
mineral lease or right to a preference right coal or other mineral lease 
as a credit against the bonus bid or bids on a competitive lease or 
leases acquired at a lease sale or sales, or as a credit against the 
payment required for a coal lease modification.
    (g) Coal deposits mean all Federally owned coal deposits, except 
those held in trust for Indians.
    (h) Department means the United States Department of the Interior.
    (i) Director means the Director of the Bureau of Land Management 
unless otherwise indicated.
    (j) Environmental assessment means a document prepared by the 
responsible Federal agency consistent with 40 CFR 1508.9.

[[Page 547]]

    (k) Exploration has the meaning set forth in Sec. 3480.0-5(a)(17) of 
this title.
    (l) Exploration license means a license issued by the authorized 
officer to permit the licensee to explore for coal on unleased Federal 
lands.
    (m) Exploration plan has the meaning set forth in Sec. 3480.0-
5(a)(18) of this title.
    (n) Fair market value means that amount in cash, or on terms 
reasonably equivalent to cash, for which in all probability the coal 
deposit would be sold or leased by a knowledgeable owner willing but not 
obligated to sell or lease to a knowledgeable purchaser who desires but 
is not obligated to buy or lease.
    (o) Federal lands mean lands owned by the United States, without 
reference to how the lands were acquired or what Federal agency 
administers the lands, including surface estate, mineral estate and coal 
estate, but excluding lands held by the United States in trust for 
Indians, Aleuts or Eskimos.
    (p) Governmental entity means a Federal or state agency or a 
political subdivision of a state, including a county or a municipality, 
or any corporation acting primarily as an agency or instrumentality of a 
state, which produces electrical energy for sale to the public.
    (q) Interest in a lease, application or bid means: any record title 
interest, overriding royalty interest, working interest, operating 
rights or option, or any agreement covering such an interest; any claim 
or any prospective or future claim to an advantage or benefit from a 
lease; and any participation or any defined or undefined share in any 
increments, issues, or profits that may be derived from or that may 
accrue in any manner from the lease based on or pursuant to any 
agreement or understanding existing when the application was filed or 
entered into while the lease application or bid is pending. Stock 
ownership or stock control does not constitute an interest in a lease 
within the meaning of this definition. Attribution of acreage to stock 
ownership interests in leases is covered by Sec. 3472.1-3(b) of this 
title.
    (r) Lease means a Federal lease, issued under the coal leasing 
provisions of the mineral leasing laws, which grants the exclusive right 
to explore for and extract coal. In provisions of this group that also 
refer to Federal leases for minerals other than coal, the term Federal 
coal lease may apply.
    (s) Lease bond means the bond or equivalent security given the 
Department to assure payment of all obligations under a lease, 
exploration license, or license to mine, and to assure that all aspects 
of the mining operation other than reclamation operations under a permit 
on a lease are conducted in conformity with the approved mining or 
exploration plan. This is the same as the Federal lease bond referred to 
in 30 CFR 742.11(a).
    (t) Licensee means the holder of an exploration license.
    (u) License to mine means a license issued under the provisions of 
part 3440 to mine coal for domestic use.
    (v) Logical Mining Unit has the meaning set forth in Sec. 3480.0-
5(a)(22) of this title.
    (w) Logical Mining Unit reserves has the meaning set forth in the 
term logical mining unit recoverable coal reserves in Sec. 3480.0-
5(a)(23) of this title.
    (x) Maximum economic recovery has the meaning set forth in 
Sec. 3480.0-5(a)(24) of this title.
    (y) Mineral leasing laws mean the Mineral Leasing Act of 1920, as 
amended (30 U.S.C. 181 et seq.), and the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359).
    (z) Mining plan means a resource recovery and protection plan as 
described in Sec. 3480.0-5(a)(39) of this title.
    (aa) Mining Supervisor means the authorized officer.
    (bb) Mining unit means an area containing technically recoverable 
coal that will feasibly support a commercial mining operation. The coal 
may either be Federal coal or be both Federal and non-Federal coal.
    (cc) Operator means a lessee, exploration licensee or one conducting 
operations on a lease or exploration license under the authority of the 
lessee or exploration licensee.
    (dd) Permit has the meaning set forth in 30 CFR Chapter VII.
    (ee) Permit area has the meaning set forth in 30 CFR Chapter VII.
    (ff) Public bodies means Federal and state agencies; political 
subdivisions of

[[Page 548]]

a state, including counties and municipalities; rural electric 
cooperatives and similar organizations; and nonprofit corporations 
controlled by any such entities.
    (gg) Qualified surface owner means the natural person or persons (or 
corporation, the majority stock of which is held by a person or persons 
otherwise meeting the requirements of this section) who:
    (1) Hold legal or equitable title to the surface of split estate 
lands;
    (2) Have their principal place of residence on the land, or 
personally conduct farming or ranching operations upon a farm or ranch 
unit to be affected by surface mining operations; or receive directly a 
significant portion of their income, if any, from such farming and 
ranching operations; and
    (3) Have met the conditions of paragraphs (gg) (1) and (2) of this 
section for a period of at least 3 years, except for persons who gave 
written consent less than 3 years after they met the requirements of 
both paragraphs (gg) (1) and (2) of this section. In computing the three 
year period the authorized officer shall include periods during which 
title was owned by a relative of such person by blood or marriage if, 
during such periods, the relative would have met the requirements of 
this section.
    (hh) Reserves has the meaning set forth in the term recoverable coal 
reserves in Sec. 3480.0-5(a)(37) of this title.
    (ii) Secretary means the Secretary of the Interior.
    (jj) Sole party in interest means a party who is and will be vested 
with all legal and equitable rights under a lease, bid, or an 
application for a lease. No one is a sole party in interest with respect 
to a lease or bid in which any other party has any interest.
    (kk) Split estate means land in which the ownership of the surface 
is held by persons, including governmental bodies, other than the 
Federal government and the ownership of underlying coal is, in whole or 
in part, reserved to the Federal government.
    (ll) Substantial legal and financial commitments means significant 
investments that have been made on the basis of a long-term coal 
contract in power plants, railroads, coal handling and preparation, 
extraction or storage facilities and other capital intensive activities. 
Costs of acquiring the coal in place or of the right to mine it without 
an existing mine are not sufficient to constitute substantial legal and 
financial commitments.
    (mm) Surface coal mining operations means activities conducted on 
the surface of lands in connection with a surface coal mine or surface 
operations and surface impacts incident to an underground mine, as 
defined in section 701(28) of the Surface Mining Control and Reclamation 
Act (30 U.S.C. 1291(28).
    (nn) Surface management agency means the Federal agency with 
jurisdiction over the surface of federally owned lands containing coal 
deposits, and, in the case of private surface over Federal coal, the 
Bureau of Land Management, except in areas designated as National 
Grasslands, where it means the Forest Service.
    (oo) Surface Mining Officer means the regulatory authority as 
defined in 30 CFR Chapter VII.
    (pp) Valid existing rights as used in Sec. 3461.1 of this title is 
defined in 30 CFR 761.5.
    (qq) Written consent means the document or documents that a 
qualified surface owner has signed that:
    (1) Permit a coal operator to enter and commence surface mining of 
coal;
    (2) Describe any financial or other consideration given or promised 
in return for the permission, including in-kind considerations;
    (3) Describe any consideration given in terms of type or method of 
operation or reclamation for the area;
    (4) Contain any supplemental or related contracts between the 
surface owner and any other person who is a party to the permission; and
    (5) Contain a full and accurate description of the area covered by 
the permission.
    (rr) For the purposes of section 2(a)(2)(A) of the Act:
    (1) Arm's length transaction means the transfer of an interest in a 
lease to an entity that is not controlled by or under common control 
with the transferor.
    (2) Bracket means a 10-year period that begins on the date that coal 
is first produced on or after August 4,

[[Page 549]]

1976, from a lease that has not been made subject to the diligence 
provisions of part 3480 of this title on the date of first production.
    (3) Controlled by or under common control with, based on the 
instruments of ownership of the voting securities of an entity, means:
    (i) Ownership in excess of 50 percent constitutes control;
    (ii) Ownership of 20 through 50 percent creates a presumption of 
control; and
    (iii) Ownership of less than 20 percent creates a presumption of 
noncontrol.
    (4) Entity means any person, association, or corporation, or any 
subsidiary, affiliate, or persons controlled by or under common control 
with such person, association, or corporation.
    (5) Holds and has held means the cumulative amount of time that an 
entity holds any working interest in a lease on or after August 4, 1976. 
The holds and has held requirement of section 2(a)(2)(A) of the Act is 
working interest holder-specific for each lease. Working interest 
includes both record title interests and arrangements whereby an entity 
has the ability to determine when, and under what circumstances, the 
rights granted by the lease to develop coal will be exercised.
    (6) Producing means actually severing coal. A lease is also 
considered producing when:
    (i) The operator/leasee is processing or loading severed coal, or 
transporting it from the point of severance to the point of sale; or
    (ii) Coal severance is temporarily interrupted in accordance with 
Secs. 3481.4-1 through 4-4 of this chapter.
[44 FR 42609, July 19, 1979, as amended at 47 FR 33133, 33134, July 30, 
1982; 47 FR 38131, Aug. 30, 1982; 50 FR 8626, Mar. 4, 1985; 51 FR 43921, 
Dec. 5, 1986; 52 FR 416, Jan. 6, 1987; 62 FR 44369, Aug. 20, 1997]



Sec. 3400.1  Multiple development.

    (a) The granting of an exploration license, a license to mine or a 
lease for the exploration, development, or production of coal deposits 
shall preclude neither the issuance of prospecting permits or mineral 
leases for prospecting, development or production of deposits of other 
minerals in the same land with suitable stipulations for simultaneous 
operation, nor the allowance of applicable entries, locations, or 
selections of leased lands with a reservation of the mineral deposits to 
the United States.
    (b) The presence of deposits of other minerals or the issuance of 
prospecting permits or mineral leases for prospecting, development or 
production of deposits of other minerals shall not preclude the granting 
of an exploration license, a license to mine or a lease for the 
exploration, development or production of coal deposits on the same 
lands with suitable stipulations for simultaneous operations.
[44 FR 42609, July 19, 1979, as amended at 47 FR 33134, July 30, 1982]



Sec. 3400.2  Lands subject to leasing.

    The Secretary may issue coal leases on all Federal lands except:
    (a) Lands in:
    (1) The National Park System;
    (2) The National Wildlife Refuge System;
    (3) The National Wilderness Preservation System;
    (4) The National System of Trails;
    (5) The National Wild and Scenic Rivers System, including study 
rivers designated under section 5(a) of the Wild and Scenic Rivers Act;
    (6) Incorporated cities, towns, and villages;
    (7) The Naval Petroleum Reserves, the National Petroleum Reserve in 
Alaska, and oil shale reserves; and
    (8) National Recreation Areas designated by law;
    (b) Tide lands, submerged coastal lands within the Continental Shelf 
adjacent or littoral to any part of land within the jurisdiction of the 
United States; and
    (c) Land acquired by the United States for the development of 
mineral deposits, by foreclosure or otherwise for resale, or reported as 
surplus property pursuant to the provisions of the Surplus Property Act 
of 1944 (50 U.S.C. App. 1622).

[[Page 550]]



Sec. 3400.3  Limitations on authority to lease.



Sec. 3400.3-1  Consent or conditions of surface management agency.

    Leases for land, the surface of which is under the jurisdiction of 
any Federal agency other than the Department of the Interior, may be 
issued only with the consent of the head or other appropriate official 
of the other agency having jurisdiction over the lands containing the 
coal deposits, and subject to such conditions as that officer may 
prescribe to insure the use and protection of the lands for the primary 
purpose for which they were acquired or are being administered.



Sec. 3400.3-2  Department of Defense lands.

    The Secretary may issue leases with the consent of the Secretary of 
Defense on acquired lands set apart for military or naval purposes only 
if the leases are issued to a governmental entity which:
    (a) Produces electrical energy for sale to the public;
    (b) Is located in the state in which the leased lands are located; 
and
    (c) Has production facilities in that state, and will use the coal 
produced from the lease within that state.



Sec. 3400.3-3  Department of Agriculture lands.

    Subject to the provisions of Sec. 3400.3-1, the Secretary may issue 
leases that authorize surface coal mining operations on Federal lands 
within the National Forest System, provided that such leases may not be 
issued on lands within a national forest unless the tract is assessed to 
be acceptable for all or certain stipulated methods of surface coal 
mining operations under the provisions of Criterion No. 1 in Sec. 3461.1 
of this title.



Sec. 3400.3-4  Trust protection lands.

    The regulations in this group do not apply to the leasing and 
development of coal deposits held in trust by the United States for 
Indians. See 43 CFR 3400.0-5(o). Regulations governing those deposits 
are found in 25 CFR Chapter I.
[44 FR 42609, July 19, 1979, as amended at 47 FR 33134, July 30, 1982]



Sec. 3400.4  Federal/state government cooperation.

    (a) In order to implement the requirements of law for Federal-state 
cooperation in the management of Federal lands, a Department-state 
regional coal team shall be established for each coal production region 
defined pursuant to Sec. 3400.5. The team shall consist of a Bureau of 
Land Management field representative for each state in the region, who 
will be the Bureau of Land Management State Director, or, in his 
absence, his designated representative; the Governor of each state 
included in the region or, in his absence, his designated 
representative; and a representative appointed by and responsible to the 
Director of the Bureau of Land Management. The Director's representative 
shall be chairperson of the team. If the region is a multi-state region 
under the jurisdiction of only one Bureau of Land Management State 
Office, each State Director shall designate a Bureau of Land Management 
representative for each state.
    (b) Each regional coal team shall guide all phases of the coal 
activity planning process described in Secs. 3420.3 through 3420.3-4 of 
this title which relate to competitive leasing in the region.
    (c) The regional coal team shall also serve as the forum for 
Department/state consultation and cooperation in all other major 
Department coal management program decisions in the region, including 
preference right lease applications, public body and small business 
setaside leasing, emergency leasing and exchanges.
    (d) The regional coal team recommendations on leasing levels under 
Sec. 3420.2(a)(4) of this title and on regional lease sales under 
Sec. 3420.3-4(g) shall be accepted except:
    (1) In the case of an overriding national interest; or
    (2) In the case the advice of the Governor(s) which is contrary to 
the recommendations of the regional coal team is accepted pursuant to 
Sec. 3420.4-

3(c) of this title. In cases where the regional coal team's advice is 
not accepted, a written explanation of the reasons for not accepting the 
advice shall

[[Page 551]]

be provided to the regional coal team and made available for public 
review.
    (e) Additional representatives of state and Federal agencies may 
participate directly in team meetings or indirectly in the preparation 
of material to assist the team at any time at the request of the team 
chairperson. Participation may be solicited from state and Federal 
agencies with special expertise in topics considered by the team or with 
direct surface management responsibilities in areas potentially affected 
by coal management decisions. However, at every point in the 
deliberations, the official team spokespersons for the Bureau of Land 
Management and for the Governors shall be those designated under 
paragraph (a) of this section.
    (f) If a state declines to participate under this section in the 
coal-related activities of the Department:
    (1) The Department may take action authorized in Group 3400 of this 
title in a coal production region wholly within such a state without 
forming a regional coal team, and
    (2) The Department may form a regional coal team without a 
representative of the Governor of such a state in any multi-state coal 
production region.
    (g) The regional coal team shall function under the general 
provisions of the cooperative procedures of subpart 1784 of this title.
[44 FR 42609, July 19, 1979; 44 FR 56339, Oct. 1, 1979, as amended at 47 
FR 33134, 33135, July 30, 1982; 51 FR 18887, May 23, 1986]



Sec. 3400.5  Coal production regions.

    The Bureau of Land Management shall establish by publication in the 
Federal Register coal production regions. A coal production region may 
be changed or its boundaries altered by publication of a notice of 
change in the Federal Register. Coal production regions shall be used 
for establishing regional leasing levels under Sec. 3420.2 of this 
title. Coal production regions shall be used to establish areas in which 
leasing shall be conducted under Sec. 3420.3 of this title and for other 
purposes of the coal management program.
[47 FR 33135, July 30, 1982]



Sec. 3400.6  Minimum comment period.

    Unless otherwise required in Group 3400 of this title, a minimum 
period of 30 days shall be allowed for public review and comment where 
such review is required for Federal coal management program activities 
under Group 3400 of this title.
[51 FR 18887, May 23, 1986]



PART 3410--EXPLORATION LICENSES--Table of Contents




                   Subpart 3410--Exploration Licenses

Sec.
3410.0-1  Purpose.
3410.0-2  Objective.
3410.0-3  Authority.
3410.1  Exploration licenses: Generally.
3410.1-1  Lands subject to exploration licenses.
3410.1-2  When an exploration license is required.
3410.2  Prelicensing procedures.
3410.2-1  Application for an exploration license.
3410.2-2  Environmental analysis.
3410.2-3  Surface management agency.
3410.3  Exploration licenses.
3410.3-1  Issuance and termination of an exploration license.
3410.3-2  Limitations on exploration licenses.
3410.3-3  Operating regulations.
3410.3-4  Bonds.
3410.4  Collection and submission of data.
3410.5  Use of surface.

    Authority:  30 U.S.C. 181 et seq.

    Source:  44 FR 42613, July 19, 1979, unless otherwise noted.



                   Subpart 3410--Exploration Licenses



Sec. 3410.0-1  Purpose.

    This subpart provides for the issuance of licenses to explore for 
coal deposits subject to disposal under Group 3400.



Sec. 3410.0-2  Objective.

    The objective of this subpart is to allow private parties singularly 
or jointly to explore coal deposits to obtain geological, environmental, 
and other pertinent data concerning the coal deposits.

[[Page 552]]



Sec. 3410.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
listed in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 2(b) of the 
Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal 
Leasing Amendments Act of 1976 (30 U.S.C. 201(b)).



Sec. 3410.1  Exploration licenses: Generally.



Sec. 3410.1-1  Lands subject to exploration licenses.

    (a) Exploration licenses may be issued for:
    (1) Lands administered by the Secretary that are subject to leasing, 
Sec. 3400.2;
    (2) Lands administered by the Secretary of Agriculture through the 
Forest Service or other agency that are subject to leasing, Sec. 3400.2;
    (3) Lands which have been conveyed by the United States subject to a 
reservation to the United States of the mineral or coal deposits, to the 
extent that those deposits are subject to leasing under Sec. 3400.2; and
    (4) Acquired lands set apart for military or naval purposes.
    (b) No exploration license shall be issued for lands included in an 
existing coal lease.



Sec. 3410.1-2  When an exploration license is required.

    (a) No person may conduct exploration activities for commercial 
purposes, including sale of data acquired during exploration, on lands 
subject to this subpart without an exploration license.
    (b) An exploration license shall not be required for casual use.
    (c) Exploration activities conducted without an exploration license 
in violation of this section shall constitute a trespass, and shall be 
subject to the provisions of 43 CFR 9239.5-3(f).
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982]



Sec. 3410.2  Prelicensing procedures.



Sec. 3410.2-1  Application for an exploration license.

    (a) Exploration license applications shall be submitted at the 
Bureau of Land Management State Office having jurisdiction over the 
lands covered in the application (43 CFR subpart 1821). The applications 
shall be subject to the following requirements:
    (1) No specified form of application is required.
    (2) An area in a public land survey state for which an application 
is filed shall be described by legal description or, if on unsurveyed 
lands, by metes and bounds, in accordance with Sec. 3471.1-1(d)(1) of 
this title. An application for an exploration license on acquired lands 
shall describe the area according to the description in the deed or 
document by which the United States acquired title in accordance with 
Sec. 3471.1-1(d)(2) of this title.
    (3) Each application shall contain three copies of an exploration 
plan which complies with the requirements of Sec. 3482.1(a) of this 
title.
    (4) Each application and its supporting documents shall be filed 
with a nonrefundable filing fee (43 CFR 3473.2).
    (5) Exploration license applications shall normally cover no more 
than 25,000 acres in a reasonably compact area and entirely within one 
state. An application for an exploration license covering more than 
25,000 acres must include a justification for an exception to the normal 
acreage limitation.
    (b) Nothing in this subpart shall preclude the authorized officer 
from issuing a call for expressions of leasing interest in an area 
containing exploration licenses or applications for exploration 
licenses.
    (c) Applicants for exploration licenses shall be required to provide 
an opportunity for other parties to participate in exploration under the 
license on a pro rata cost sharing basis.
    (1) Immediately upon the filing of an application for an exploration 
license the applicant shall publish a ``Notice of Invitation,'' approved 
by the authorized officer, once every week for 2 consecutive weeks in at 
least one newspaper of general circulation in the area where the lands 
covered by the license

[[Page 553]]

application are situated. This notice shall contain an invitation to the 
public to participate in the exploration under the license and shall 
contain the location of the Bureau of Land Management office in which 
the application shall be available for inspection. Copies of the Notice 
of Invitation shall be filed with the authorized officer at the time of 
publication by the applicant, for posting in the proper Bureau of Land 
Management Office and for Bureau of Land Management's publication of the 
Notice of Invitation in the Federal Register.
    (2) Any person who seeks to participate in the exploration program 
contained in the application shall notify the authorized officer and the 
applicant in writing within 30 days after the publication in the Federal 
Register. The authorized officer may require modification of the 
original exploration plan to accommodate the legitimate exploration 
needs of persons seeking to participate, and to avoid the duplication of 
exploration activities in the same area, or may notify the person 
seeking to participate that the person should file a separate 
application for an exploration license.
    (d) An application to conduct exploration which could have been 
conducted as a part of exploration under an existing or recent coal 
exploration license may be rejected.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982; 
50 FR 8626, Mar. 4, 1985]



Sec. 3410.2-2  Environmental analysis.

    (a) Before an exploration license may be issued, the authorized 
officer shall prepare an environmental assessment or environmental 
impact statement, if necessary, of the potential effects of the proposed 
exploration on the natural and socio-economic environment of the 
affected area. No exploration license shall be issued if the exploration 
would:
    (1) Result in disturbance that would cause significant and lasting 
degradation to the lands or injury to improvements, or in any 
disturbance other than that necessary to determine the nature of the 
overlying strata and the depth, thickness, shape, grade, quantity, 
quality or hydrologic conditions of the coal deposits; or
    (2) Jeopardize the continued existence of a threatened or endangered 
species of fauna or flora or destroy or cause adverse modification to 
its critical habitat. No exploration license shall be issued until after 
compliance with sections 105 and 106 of the National Historic 
Preservation Act (16 U.S.C. 470(f)) with respect to any cultural 
resources which might be affected by any activity under the exploration 
license.
    (b) The authorized officer shall include in each exploration license 
requirements and stipulations to protect the environment and associated 
natural resources and to ensure reclamation of the lands disturbed by 
the exploration.
[47 FR 33135, July 30, 1982, as amended at 50 FR 8626, Mar. 4, 1985]



Sec. 3410.2-3  Surface management agency.

    The authorized officer may issue an exploration license covering 
lands the surface of which is under the jurisdiction of any Federal 
agency other than the Bureau of Land Management only in accordance with 
those conditions prescribed by the surface management agency concerning 
the use and protection of the nonmineral interests in those lands.
[44 FR 42613, July 19, 1979. Redesignated at 47 FR 33135, July 30, 1982]



Sec. 3410.3  Exploration licenses.



Sec. 3410.3-1  Issuance and termination of an exploration license.

    (a) The authorized officer has the discretion to issue an 
exploration license or to reject the application therefor under this 
subpart.
    (b) An exploration license shall become effective on the date 
specified by the authorized officer as the date when exploration 
activities may begin. An exploration license shall not be valid for more 
than two years from its effective date.
    (c) The approved exploration plan shall be attached and made a part 
of each exploration license.
    (d) Subject to the continued obligation of the licensee and the 
surety

[[Page 554]]

company to comply with the terms and conditions of the exploration 
license, the exploration plan, and the regulations, a licensee may 
relinquish an exploration license for all or any portion of the lands 
covered by it. A relinquishment shall be filed in the Bureau of Land 
Management State Office in which the original application was filed. See 
43 CFR subpart 1821.
    (e) An exploration license may be cancelled by the authorized 
officer for noncompliance with its terms and conditions, the exploration 
plan, or the regulations, after the authorized officer has notified the 
licensee of the violation(s) in writing and the licensee has failed to 
correct the violation(s) within the period prescribed in the notice.
    (f) Should a licensee request a modification to the exploration 
plan, the authorized officer may approve the modification if geologic or 
other conditions warrant.
    (g) When unforeseen conditions that could result in substantial 
disturbance to the natural land surface or damage to the environment or 
improvements are encountered, or when geologic or other physical 
conditions warrant a modification in the approved exploration plan:
    (1) The authorized officer may adjust the terms and conditions of 
the exploration license, or
    (2) The authorized officer may direct adjustment in or approve 
modification of the exploration plan. If the licensee does not concur in 
the adjustment of the terms and conditions of the exploration license 
and exploration plan, he/she may, under 43 CFR part 4, appeal the 
decision modifying the license, or he/she may relinquish the exploration 
license.
    (h) Exploration licenses shall not be extended. Exploration 
operations may not be conducted after the exploration license has 
expired. The licensee may apply for a new exploration license as 
described in this section. A new exploration license may be issued 
simultaneously with the termination of the existing exploration license.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982; 
47 FR 38131, Aug. 30, 1982; 50 FR 8626, Mar. 4, 1985]



Sec. 3410.3-2  Limitations on exploration licenses.

    The issuance of exploration licenses for an area shall not preclude 
the issuance of a Federal coal lease under applicable regulations for 
that area. If such a lease is issued for lands included in an 
exploration license, the authorized officer shall cancel the exploration 
license on the effective date of the lease for those lands which are 
common to both.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982]



Sec. 3410.3-3  Operating regulations.

    The licensee shall comply with the provisions of the operating 
regulations of the Bureau of Land Management (43 CFR part 3480). Copies 
of the operating regulations may be obtained from the authorized 
officer. Authorized representatives of the Secretary and, where 
appropriate the surface management agency shall be permitted to inspect 
the premises and operations. The licensee shall allow the free ingress 
and egress of Government officers and other persons using the land under 
authority of the United States.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982; 
50 FR 8626, Mar. 4, 1985]



Sec. 3410.3-4  Bonds.

    (a) Bonding provisions in subpart 3474 of this chapter apply to this 
subpart.
    (b) Prior to issuing an exploration license, the authorized officer 
shall ensure that the amount of the bond to be furnished is sufficient:
    (1) To assure compliance with the terms and conditions of the 
exploration license and exploration plan; and
    (2) In the absence of an agreement between the exploration licensee 
and the surface owner so providing, to assure compensation for damages 
to surface improvements made by surface owners where an exploration 
license embraces such lands. In no event shall the amount of such bond 
be less than $5,000.
    (c) Upon completion of exploration and reclamation activities that 
are in compliance with the terms and conditions of the exploration 
license, the exploration plan and the regulations, or

[[Page 555]]

upon discontinuance of exploration operations and completion of needed 
reclamation to the satisfaction of the authorized officer, and where 
appropriate, the surface management agency, the authorized officer shall 
terminate the period of liability of the bond.
    (d) Where the surface of the land being explored is privately owned, 
the authorized officer shall have the authority to terminate or adjust 
the period of liability and/or the amount of liability under the bond. 
The authorized officer shall provide, 30 days prior to the effective 
date of termination of the period of liability under the bond, a notice 
of termination to enable the surface owner to inspect the property and 
notify the authorized officer, in writing, of any deficiencies in 
reclamation. Should the licensee and any surface owner be unable to 
agree on the adequacy of the reclamation, the authorized officer shall 
make the final determination.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33135, July 30, 1982; 
48 FR 37655, Aug. 19, 1983; 50 FR 8626, Mar. 4, 1985]



Sec. 3410.4  Collection and submission of data.

    (a) The authorized officer may require the applicant to collect 
ground and surface water data that are available to the licensee in the 
conduct of the approved exploration plan.
    (b) The licensee shall furnish the authorized officer copies of all 
data (including, but not limited to, geological, geophysical and core 
drilling analyses) obtained during exploration in a form requested by 
the authorized officer. All data shall be considered confidential and 
not made public until the areas involved have been leased or until the 
authorized officer determines that public access to the data would not 
damage the competitive position of the licensee, whichever comes first. 
(43 CFR 2.20 and 3481.3)
[44 FR 42613, July 19, 1979, as amended at 47 FR 33136, July 30, 1982; 
50 FR 8626, Mar. 4, 1985]



Sec. 3410.5  Use of surface.

    (a) Operations under these regulations shall not unreasonably 
interfere with or endanger operations authorized under any other Act or 
regulation.
    (b) The licensee shall comply with all applicable Federal, state and 
local laws and regulations, including the regulations.
[44 FR 42613, July 19, 1979, as amended at 47 FR 33136, July 30, 1982]



PART 3420--COMPETITIVE LEASING--Table of Contents






                    Subpart 3420--Competitive Leasing

Sec.
3420.0-1  Purpose.
3420.0-2  Objectives.
3420.0-3  Authority.
3420.1  Procedures.
3420.1-1  Lands subject to evaluation for leasing.
3420.1-2  Call for coal resource and other resource information.
3420.1-3  Special leasing opportunities.
3420.1-4  General requirements for land use planning.
3420.1-5  Hearing requirements.
3420.1-6  Consultation with Federal surface management agencies.
3420.1-7  Consultation with states and Indian tribes.
3420.1-8  Identification of lands as acceptable for further 
          consideration.
3420.2  Regional leasing levels.
3420.3  Activity planning: The leasing process.
3420.3-1  Area identification process.
3420.3-2  Expressions of leasing interest.
3420.3-3  Preliminary tract delineation.
3420.3-4  Regional tract ranking, selection, environmental analysis and 
          scheduling.
3420.4  Final consultations.
3420.4-1  Timing of consultation.
3420.4-2  Consultation with surface management agencies.
3420.4-3  Consultation with Governors.
3420.4-4  Consultation with Indian tribes.
3420.4-5  Consultation with the Attorney General.
3420.5  Adoption of final regional lease sale schedule.
3420.5-1  Announcement.
3420.5-2  Revision.
3420.6  Reoffer of tracts not sold in previous regional lease sales.

                        Subpart 3422--Lease Sales

3422.1  Fair market value and maximum economic recovery.
3422.2  Notice of sale and detailed statement.
3422.3  Sale procedures.
3422.3-1  Bidding systems.
3422.3-2  Conduct of sale.
3422.3-3  Unsurveyed lands.
3422.3-4  Consultation with the Attorney General.

[[Page 556]]

3422.4  Award of lease.

                  Subpart 3425--Leasing on Application

3425.0-1  Purpose.
3425.0-2  Objective.
3425.1  Application for lease.
3425.1-1  Where filed.
3425.1-2  Contents of application.
3425.1-3  Qualifications of the applicant.
3425.1-4  Emergency leasing.
3425.1-5  Leasing outside coal production regions.
3425.1-6  Hardship leases.
3425.1-7  Preliminary data.
3425.1-8  Rejection of applications.
3425.1-9  Modification of application area.
3425.2  Land use plans.
3425.3  Environmental analysis.
3425.4  Consultation and sale procedures.
3425.5  Lease terms.

                   Subpart 3427--Split Estate Leasing

3427.0-1  Purpose.
3427.0-3  Authority.
3427.0-7  Scope.
3427.1  Deposits subject to consent.
3427.2  Procedures.
3427.3  Validation of information.
3427.4  Pre-existing consents.
3427.5  Unqualified surface owners.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple 
Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq.), the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), the 
Department of Energy Organization Act of 1977 (42 U.S.C. 7101 et seq.), 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and the Small Business Act of 1953, as amended (15 U.S.C. 631 et 
seq.).

    Source:  44 FR 42615, July 19, 1979, unless otherwise noted.



                    Subpart 3420--Competitive Leasing



Sec. 3420.0-1  Purpose.

    This subpart sets forth how the Department will conduct competitive 
leasing of rights to extract Federal coal.



Sec. 3420.0-2  Objectives.

    The objectives of these regulations are to establish policies and 
procedures for considering development of coal deposits through a 
leasing system involving land use planning and environmental assessment 
or environmental impact statement processes; to promote the timely and 
orderly development of publicly owned coal resources; to ensure that 
coal deposits are leased at their fair market value; and to ensure that 
coal deposits are developed in consultation, cooperation and 
coordination with the public, state and local governments, Indian tribes 
and involved Federal agencies.
[47 FR 33136, July 30, 1982]



Sec. 3420.0-3  Authority.

    (a) The regulations in this part are issued under the authority of 
the statutes cited in Sec. 3400.0-3 of this title.
    (b) The regulations in this part implement: (1) Primarily section 
2(a) of the Mineral Leasing Act of 1920, as amended by sections 2 and 3 
of the Federal Coal Leasing Amendments Act of 1976 (30 U.S.C. 201(a)); 
and (2) the Small Business Act of 1953, as amended (15 U.S.C. 631 et 
seq.).



Sec. 3420.1  Procedures.



Sec. 3420.1-1  Lands subject to evaluation for leasing.

    All lands subject to coal leasing under the mineral leasing laws are 
subject to evaluation under this subpart (43 CFR 3400.2).
[44 FR 42615, July 19, 1979. Redesignated at 47 FR 33136, July 30, 1982]



Sec. 3420.1-2  Call for coal resource and other resource information.

    (a) Prior to or as part of the initiation or update of a land use 
plan or land use analysis, a Call for Coal and Other Resource 
Information shall be made to formally solicit indications of interest 
and information on coal resource development potential and on other 
resources which may be affected by coal development for lands in the 
planning unit. Industry, State and local governments and the general 
public may submit information on lands that should be considered for 
coal leasing, including statements describing why the lands should be 
considered for leasing.
    (b) Proprietary data marked as confidential may be submitted in 
response to the Call for Coal and Other Resource Information, however, 
all such proprietary data shall be submitted to the

[[Page 557]]

authorized officer only. Data marked as confidential shall be treated in 
accordance with the laws and regulations governing the confidentiality 
of such information.
    (c) The Call for Coal and Other Resource Information may be combined 
with the notice of intent to conduct land use planning published in 
accordance with Sec. 1601.3(g) of this title or with the issue 
identification process in accordance with part 1600 of this title. If 
the agency conducting land use planning is other than the Bureau of Land 
Management, that agency may combine the Call for Coal and Other Resource 
Information with its land use planning process at the appropriate step.
[47 FR 33136, July 30, 1982, as amended at 50 FR 8626, Mar. 4, 1985; 51 
FR 18888, May 23, 1986]



Sec. 3420.1-3  Special leasing opportunities.

    (a) The Secretary shall, under the procedures established in this 
subpart, including Sec. 3420.3 of this title, reserve and offer a 
reasonable number of lease tracts through competitive lease sales open 
only to a restricted class of potential bidders. Except for the 
limitation on bidding contained in paragraph (b) of this section, all 
requirements in this subpart apply equally to special leasing 
opportunities, including the requirement that coal be leased at its fair 
market value.
    (b) Special leasing opportunities shall be provided for two classes 
of potential lessees:
    (1) Public bodies. (i) Only public bodies with a definite plan for 
producing energy for their own use or for their members or customers 
shall bid for leases designated as special leasing opportunities for 
public bodies. To qualify as a definite plan, a plan must clearly state 
the intended use of the coal and have been approved by the governing 
board of the public body submitting the plan. In the event an electric 
generating station which will produce energy for the public body is 
either jointly owned with or participated in by others, or both, the 
definite plan shall assure that the public body's proportionate part of 
the energy produced is utilized pursuant to this paragraph.
    (ii) Each public body shall submit the information specified in 
Sec. 3472.2-5(a) (1) and (2) of this title as part of its expression of 
leasing interest or upon submission of a bid if no expression of leasing 
interest is made. The information specified in Sec. 3472.2-5(a) (3) and 
(4) of this title shall be submitted within 60 days after submission of 
an expression of leasing interest or lease bid if no expression of 
leasing interest is made.
    (iii) The Secretary may designate, during the process of preparing a 
regional lease sale schedule, certain coal lease tracts for special 
leasing opportunities for public bodies only if a public body has 
submitted an expression of leasing interest under Sec. 3420.3-2, 
requesting that the procedures of this section apply.
    (iv) Leases issued under this section to public bodies may be 
assigned only to other public bodies, or to a person who will mine the 
coal on behalf of and for the use of the public body, or to a person for 
the limited purpose of creating a security interest in favor of a lender 
who agrees to be obligated to mine the coal on behalf of the public 
body.
    (2) Small businesses. (i) When necessary to comply with the 
requirements of the Small Business Act, the Secretary shall designate a 
reasonable number of tracts for special leasing opportunities for 
businesses qualifying under 13 CFR part 121.
    (ii) Leases issued under this section may be assigned only to other 
small businesses qualifying under 13 CFR part 121.
    (c) Potential lessees qualifying for special leasing opportunities 
may participate in competitive lease sales not designated as special 
leasing opportunities and shall not be required to submit the evidence 
and information required specifically for a special leasing opportunity 
to participate.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33136, 
July 30, 1982]



Sec. 3420.1-4  General requirements for land use planning.

    (a) The Secretary may not hold a lease sale under this part unless 
the

[[Page 558]]

lands containing the coal deposits have been included in a comprehensive 
land use plan or land use analysis and unless the sale is compatible 
with, and subject to, any relevant stipulations, guidelines and 
standards set out in that plan or analysis.
    (b)(1) The Bureau of Land Management shall prepare comprehensive 
land use plans and land use analyses for lands it administers in 
conformance with 43 CFR part 1600.
    (2) The Department of Agriculture or any other Federal agency with 
surface management authority over lands subject to leasing shall prepare 
comprehensive land use plans or land use analyses for lands it 
administers.
    (3) The Secretary may lease in any area where it is found either 
that there is no Federal interest in the surface or that the coal 
deposits in an area are insufficient to justify the costs of a Federal 
land use plan upon completion of a land use analysis in accordance with 
this section and 43 CFR part 1600.
    (c) In an area of Federal lands not covered by a completed 
comprehensive land use plan or scheduled for comprehensive land use 
planning, a member of the public may request the appropriate Bureau of 
Land Management State Office to prepare a land use analysis for coal 
related uses of the land as provided for in this group.
    (d) A comprehensive land use plan or land use analysis shall contain 
an estimate of the amount of coal recoverable by either surface or 
underground mining operations or both.
    (e) The major land use planning decision concerning the coal 
resource shall be the identification of areas acceptable for further 
consideration for leasing which shall be identified by the screening 
procedures listed below:
    (1) Only those areas that have development potential may be 
identified as acceptable for further consideration for leasing. The 
Bureau of Land Management shall estimate coal development potential for 
the surface management agency. Coal companies, State and local 
governments and the general public are encouraged to submit information 
to the Bureau of Land Management at any time in connection with such 
development potential determinations. Coal companies, State and local 
governments and members of the general public may also submit 
nonconfidential coal geology and economic data during the inventory 
phase of planning to the surface management agency conducting the land 
use planning. Where such information is determined to indicate 
development potential for an area, the area may be included in the land 
use planning for evaluation for coal leasing.
    (2) The Bureau of Land Management or the surface managing agency 
conducting the land use planning shall, using the unsuitability criteria 
and procedures set out in subpart 3461 of this title, review Federal 
lands to assess where there are areas unsuitable for all or certain 
stipulated methods of mining. The unsuitability assessment shall be 
consistent with any decision of the Office of Surface Mining Reclamation 
and Enforcement to designate lands unsuitable or to terminate a 
designation in response to a petition.
    (3) Multiple land use decisions shall be made which may eliminate 
additional coal deposits from further consideration for leasing to 
protect other resource values and land uses that are locally, regionally 
or nationally important or unique and that are not included in the 
unsuitability criteria discussed in paragraph (e) of this section. Such 
values and uses include, but are not limited to, those identified in 
section 522(a)(3) of the Surface Mining Reclamation and Control Act of 
1977 and as defined in 30 CFR 762.5. In making these multiple use 
decisions, the Bureau of Land Management or the surface management 
agency conducting the land use planning shall place particular emphasis 
on protecting the following: Air and water quality; wetlands, riparian 
areas and sole-source aquifers; the Federal lands which, if leased, 
would adversely impact units of the National Park System, the National 
Wildlife Refuge System, the National System of Trails, and the National 
Wild and Scenic Rivers System.
    (4)(i) While preparing a comprehensive land use plan or land use 
analysis, the Bureau of Land Management shall consult with all surface 
owners who meet the criteria in paragraphs (gg) (1) and (2) of 
Sec. 3400.0-5 of this title, and whose lands overlie coal deposits, to

[[Page 559]]

determine preference for or against mining by other than underground 
mining techniques.
    (ii) For the purposes of this paragraph, any surface owner who has 
previously granted written consent to any party to mine by other than 
underground mining techniques shall be deemed to have expressed a 
preference in favor of mining. Where a significant number of surface 
owners in an area have expressed a preference against mining those 
deposits by other than underground mining techniques, that area shall be 
considered acceptable for further consideration only for development by 
underground mining techniques. In addition, the area may be considered 
acceptable for further consideration for leasing for development by 
other than underground techniques if there are no acceptable alternative 
areas available to meet the regional leasing level.
    (iii) An area eliminated from further consideration by this 
subsection may be considered acceptable for further consideration for 
leasing for mining by other than underground mining techniques if:
    (A) The number of surface owners who have expressed their preference 
against mining by other than underground techniques is reduced below a 
significant number because such surface owners have given written 
consent for such mining or have transferred ownership to unqualified 
surface owners; and
    (B) The land use plan is amended accordingly.
    (f) In its review of cumulative impacts of coal development, the 
regional coal team shall consider any threshold analysis performed 
during land-use planning as required by Sec. 1610.4-4 of this title and 
shall apply this analysis, where appropriate, to the region as a whole.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33136, 
July 30, 1982; 50 FR 8626, Mar. 4, 1985; 51 FR 18888, May 23, 1986; 52 
FR 46472, Dec. 8, 1987]



Sec. 3420.1-5  Hearing requirements.

    After public notice, the Bureau of Land Management or other surface 
management agency shall conduct a public hearing on the proposed 
comprehensive land use plan or land use analysis if it involves the 
potential for coal leasing before it is adopted if such a hearing is 
requested by any person who is or may be adversely affected by the 
adoption of the plan. A hearing conducted under part 1600 of this title 
of this chapter shall fulfill this requirement.
[47 FR 33137, July 30, 1982]



Sec. 3420.1-6  Consultation with Federal surface management agencies.

    Where a Federal surface management agency other than the Bureau of 
Land Management administers limited areas overlying Federal coal within 
the boundaries of a comprehensive land use plan or land use analysis 
being prepared by the Bureau of Land Management, or where the Bureau of 
Land Management manages lands on which coal development may impact land 
units of other Federal agencies, the Bureau of Land Management shall 
consult with the other agency to jointly determine the acceptability for 
further consideration for leasing of the potentially impacted lands the 
other agency administers or lands managed by the Bureau of Land 
Management that may impact lands of another agency.
[52 FR 46473, Dec. 8, 1987]



Sec. 3420.1-7  Consultation with states and Indian tribes.

    Before adopting a comprehensive land use plan or land use analysis 
that makes an assessment of lands acceptable for further consideration 
for leasing, the Bureau of Land Management or other surface management 
agency shall consult with the state Governor and the state agency 
charged with the responsibility for maintaining the state's 
unsuitability program (43 CFR 3461.4-1). Where a tribal government 
administers areas within or near the boundaries of a comprehensive land 
use plan or land use analysis being prepared by the Bureau of Land 
Management, the Bureau shall consult with the tribal government.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33137, 
July 30, 1982]

[[Page 560]]



Sec. 3420.1-8  Identification of lands as acceptable for further consideration.

    (a) Identification of lands as acceptable for further consideration 
for leasing will be made in the adoption of a comprehensive land use 
plan or land use analysis. Any lands identified as acceptable may be 
further considered for leasing under Sec. 3420.3 of this title.
    (b) Activity planning shall begin with a regional coal team meeting 
to review market analyses and land-use planning summaries. The market 
analyses and land-use planning summaries shall be avaiable at least 45 
days prior to such meeting.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33137, 
July 30, 1982; 51 FR 18888, May 23, 1986]



Sec. 3420.2  Regional leasing levels.

    This section sets out the process to be followed in establishing 
regional leasing levels. Regional leasing levels shall be established by 
the Secretary. The Secretary shall particularly rely upon the advice and 
assistance of affected State Governors in ensuring that leasing levels 
have properly considered social, environmental and economic impacts and 
constraints.
    (a) The regional coal teams shall be the forum through which initial 
leasing level recommendations are transmitted to the Secretary. Initial 
leasing level recommendations shall be developed as follows:
    (1) The appropriate Bureau of Land Management State Director on the 
regional coal team, as designated by the regional coal team chairperson, 
shall prepare a broadly stated range of initial leasing levels for the 
region. This range of initial leasing levels shall be based on 
information available to the State Director, including land use planning 
data, the results of the call for coal resource information held under 
Sec. 3420.1-2 of this subpart, the results of the call for expressions 
of leasing interest held under Sec. 3420.3-2 of this subpart and other 
considerations, including input and advice from the Governors of the 
affected States regarding assumptions, data, and other factors pertinent 
to the region;
    (2) This initial range of leasing levels shall be made available to 
the other members of the regional coal team for review and comment. This 
review shall be designed to ensure consideration of relevant social, 
environmental and economic factors of which the Secretary should be 
aware in setting leasing levels;
    (3) Governors of affected States shall be requested by the regional 
coal team chairperson to provide comments and recommendations concerning 
the leasing levels through the Governor's representatives on the 
regional coal team. Governors may use any methodologies, systems or 
procedures available to determine their recommendations;
    (4) The regional coal team chairperson shall call upon the team 
members to present their findings and recommendations on the initial 
leasing levels. The chairperson shall refer the members' recommendations 
to an appropriate Bureau State Director serving on the team. The State 
Director shall: (i) Ensure the recommendations are in an appropriate 
format; (ii) add any additional information from the Bureau of Land 
Management data sources which may be available and pertinent to leasing 
level decision-making; (iii) address any questions and clarify any 
issues raised by the members' recommendations; and (iv) outline any 
additional alternative leasing levels. The regional coal team shall 
consider the State Director's review and shall transmit to the Secretary 
alternative leasing levels and a preferred leasing level presented in 
ranges of tons to be offered for lease. All Governor's comments and 
recommendations shall also be transmitted to the Secretary, without 
change, as a part of the team transmittal; and
    (5) The regional coal team transmittal to the Secretary shall be 
made through the Director, who may provide additional data and 
recommendations, but only as separate documentation.
    (b) The Secretary, upon receipt of the regional coal team 
transmittal, shall initiate consultations, in writing, with the 
Secretary of Energy, the Attorney General and affected Indian tribes. 
The Secretary shall establish leasing levels by region for the purposes 
of approximating the amount of coal to be offered through proposed lease 
sale

[[Page 561]]

schedules after consideration of potential policy conflicts or problems 
concerning, but not limited to:
    (1) The Department's responsibility for the management, regulation 
and conservation of natural resources; and
    (2) The capabilities of Federal lands and Federal coal resources to 
meet the proposed leasing levels, and the contributions State and 
privately owned coal lands can make.
    (c) Leasing levels shall be based on the following factors:
    (1) Advice from Governors of affected States as expressed through 
the regional coal team;
    (2) The potential economic, social and environmental effects of coal 
leasing on the region, including recommendations from affected Indian 
tribes;
    (3) Expressed industry interest in coal development in the region 
and indications of the demand for coal reserves;
    (4) Expressed interests for special opportunity sales;
    (5) Expected production from existing Federal coal leases and non-
Federal coal holdings;
    (6) The level of competition within the region and recommendations 
from the Department of Justice;
    (7) U.S. coal production goals and projections of future demand for 
Federal coal;
    (8) Consideration of national energy needs; and
    (9) Other pertinent factors.
    (d) Prior to determining a final leasing level, the Secretary shall 
consult with the Governors of affected States to obtain final comments 
and recommendations. The Secretary shall then establish a final leasing 
level for the proposed coal lease sale.
    (e) The levels shall be established for each coal production region 
where activity planning is conducted under the provisions of Sec. 3420.3 
of this subpart. The levels shall be developed separately for each 
region, but levels for 2 or more regions may be developed at the same 
time as the Secretary deems appropriate. Leasing levels may be stated in 
terms of a range of values.
    (f) The leasing levels established for any given region shall become 
the basis for the proposed action for study in the regional coal lease 
sale environmental impact statement prepared pursuant to Sec. 3420.3-4 
of this subpart. The Secretary's final decision on which coal lease 
tracts, if any, within a region to offer for sale, and the schedule for 
the offering of such tracts shall be based on all information at the 
Secretary's disposal at the time of the decision.
[47 FR 33137, July 30, 1982, as amended at 48 FR 37655, Aug. 19, 1983; 
50 FR 8626, Mar. 4, 1985]



Sec. 3420.3  Activity planning: The leasing process.



Sec. 3420.3-1  Area identification process.

    (a) This section describes the process for identifying, ranking, 
analyzing, selecting, and scheduling lease tracts after land use 
planning has been completed. This process constitutes the ``activity 
planning'' aspect of the coal management program. Activity planning may 
occur where areas acceptable for further consideration for leasing have 
been identified by land use planning completed consistent with the 
provisions of Sec. 3420.1-4 of this subpart.
    (b) Split estate land otherwise acceptable for further consideration 
for leasing shall, upon verfication of a refusal to consent received 
from a qualified surface owner under Sec. 3427.2 of this title, be 
deleted from further activity planning.
    (c) Each regional coal team established under Sec. 3400.4 of this 
title shall:
    (1) Guide tract delineation and preparation of site specific 
analyses of delineated tracts;
    (2) Rank delineated tracts, select tracts that meet the leasing 
level established by the Secretary, and identify all alternative tract 
combinations to be analyzed in the regional lease sale environmental 
impact statement;
    (3) Guide the preparation of the regional lease sale environmental 
impact statement; and
    (4) Recommend a regional coal lease sale schedule to the Director.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33138, 
July 30, 1982]

[[Page 562]]



Sec. 3420.3-2  Expressions of leasing interest.

    (a) A call for expressions of leasing interest may be made after 
areas acceptable for further consideration for leasing have been 
identified by land use planning completed consistent with the provisions 
of Sec. 3420.1-4 of this subpart.
    (b) Each call for expressions of leasing interest shall be published 
as a notice in the Federal Register and in at least 1 newspaper of 
general circulation in each affected state.
    (c) All information submitted under this subpart shall be available 
for public inspection and copying upon request. Data which are 
considered proprietary shall not be submitted as part of an expression 
of leasing interest.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33138, 
July 30, 1982]



Sec. 3420.3-3  Preliminary tract delineation.

    (a) Tracts may be delineated in any areas acceptable for further 
consideration for leasing whether or not expressions of leasing interest 
have been received for those areas.
    (b) When public bodies have submitted expressions of leasing 
interest, tracts shall be delineated when and where technically feasible 
for public body special leasing opportunities in accordance with 
Sec. 3420.1-3 of this subpart.
    (c) In cooperation with the Small Business Administration, tracts 
may be delineated when and where technically feasible for small business 
special leasing opportunities in accordance with Sec. 3420.1-3 of this 
title.
    (d) Other tracts to be used in a lease or fee exchange (43 CFR 
subparts 3435 and 3436) may be delineated.
    (e) A tract profile shall be formulated for each tract. The profile 
shall include:
    (1) A summary of the information used in the delineation of the 
tract, and
    (2) A site-specific environmental inventory and preliminary 
analysis.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33138, 
July 30, 1982]



Sec. 3420.3-4  Regional tract ranking, selection, environmental analysis and scheduling.

    (a)(1) Upon completion of tract delineation and preparation of the 
tract profiles, the regional coal team shall rank the tracts in classes 
of high, medium or low desirability for coal leasing. Three major 
categories of consideration shall be used in tract ranking: coal 
economics; impacts on the natural environment; and socioeconomic 
impacts. The subfactors to be considered under each category shall be 
those determined by the regional coal team as appropriate for that 
region, and shall be published in the regional lease sale environmental 
impact statement required by this section. Tracts may also be ranked for 
other coal management purposes, such as emergency leasing under subpart 
3425 of this title or exchanges under subparts 3435 and 3436 of this 
title.
    (2) The regional coal team may modify tract boundaries being ranked, 
if appropriate, to reflect additional information.
    (3) In ranking tracts, the regional coal team shall solicit the 
recommendations of the Federal and State agencies having appropriate 
expertise, including the Geological Survey, the Fish and Wildlife 
Service and the Federal surface management agency, if other than the 
Bureau of Land Management.
    (4) Where Federal leasing decisions are likely to have impacts on 
lands held in trust for an Indian tribe, the regional coal team shall 
solicit the recommendations of the tribe and the Bureau of Indian 
Affairs.
    (5) A statement that descriptions of the tracts to be ranked are 
available shall be included with the notice announcing any regional coal 
team meeting at which those tracts shall be ranked. An opportunity for 
public comment on the tract rankings shall be provided during the 
regional coal team meeting.
    (b)(1) Upon completion of tract ranking, the regional coal team 
shall select at least 1 combination of tracts that approximates the 
regional leasing level. One combination of tracts within the regional 
leasing level shall be identified as the proposed action for study

[[Page 563]]

in the environmental impact statement. The team shall also select tract 
combinations representing alternative leasing levels. The team may 
identify alternative combinations of tracts within a leasing level.
    (2) The regional coal team may adjust the tract ranking and select 
tracts to reflect considerations including:
    (i) The compatibility of coal quality, coal type and market needs;
    (ii) Environmental and socioeconomic impacts;
    (iii) The compatibility of reserve size and demand distribution for 
tracts;
    (iv) Public opinion;
    (v) Avoidance of future emergency lease situations; and
    (vi) Special leasing opportunity requirements.
    (c) After tract ranking and selection, a regional lease sale 
environmental impact statement on all tract combinations selected by the 
regional coal team for the various leasing levels and all other 
reasonable alternative leasing levels shall be prepared by the Bureau of 
Land Management in accordance with the provisions of the National 
Environmental Policy Act. The statement shall consider both:
    (1) The site-specific potential environmental impacts of each tract 
being considered for lease sale; and
    (2) The intraregional cumulative environmental impacts of the 
proposed leasing action and alternatives, and other coal and noncoal 
development activities.
    (d) The results of the ranking and selection process, including the 
tract rankings, the tract selected and the list of ranking criteria used 
shall be published in the regional lease sale environmental impact 
statement required by paragraph (c) of this section. Detailed 
information on each of the tracts shall be available for inspection in 
the Bureau of Land Management State offices that have jurisdiction over 
lands within the coal production region (See 43 CFR subpart 1821).
    (e) Public hearings shall be held in the region following the 
release of the draft regional lease sale environmental impact statement 
to announce and discuss the results of the ranking and selection process 
and the potential impacts, including proposed mitigation measures.
    (f) Upon the close of the comment period on the draft environmental 
impact statement, the regional coal team shall analyze the comments and 
make any appropriate revisions in the tract ranking and selection. The 
final regional lease sale environmental impact statement shall reflect 
such revisions.
    (g) Upon completion and release of the final regional lease sale 
environmental impact statement, the regional coal team shall recommend 
specific tracts for lease sale and a lease sale schedule. The 
chairperson shall submit the recommendations to the Director. Any 
disagreement as to the recommendation among the team shall be documented 
and submitted by the chairperson along with the team recommendation. The 
Director shall submit the final regional environmental impact statement 
to the Secretary for his/her decision, together with the recommendation 
of the team and any recommendations the Director may wish to make.
    (h) The tract ranking, selection and scheduling process and the 
regional lease sale environmental impact statement shall be revised or 
repeated as needed. The Secretary may, in consultation with the 
Governor(s) of the affected State(s) and surface management agencies, 
initiate or postpone the process to respond to considerations such as 
major land use planning updates, new tract delineations or increases or 
decreases in the leasing levels.
[47 FR 33138, July 30, 1982; 47 FR 38131, Aug. 30, 1982, as amended at 
48 FR 37655, Aug. 19, 1983; 51 FR 18888, May 23, 1986]



Sec. 3420.4  Final consultations.



Sec. 3420.4-1  Timing of consultation.

    Following the release of the final regional lease sale environmental 
impact statement, and prior to adopting a regional lease sale schedule, 
the Secretary shall engage in formal consultation as specified in 
Secs. 3420.4-2 through 3420.4-5 of this title.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33139, 
July 30, 1982]

[[Page 564]]



Sec. 3420.4-2  Consultation with surface management agencies.

    (a) The Secretary, for any proposed lease tract containing lands the 
surface of which is under the jurisdiction of any agency other than the 
Department, shall request that the agency: (1) Consent, if it has not 
already done so, to the issuance of the lease (43 CFR 3400.3-1), and (2) 
if it consents, prescribe the terms and conditions the Secretary will 
impose in any lease which the head of the agency requires for the use 
and protection of the nonmineral interests in those lands.
    (b) The Secretary may prescribe additional terms and conditions that 
are consistent with the terms proposed by the surface management agency 
to protect the interest of the United States and to safeguard the public 
welfare.
[44 FR 42615, July 19, 1979. Redesignated at 47 FR 33139, July 30, 1982]



Sec. 3420.4-3  Consultation with Governors.

    (a) The Secretary shall consult the Governor of the state in which 
any tract proposed for sale is located. The Secretary shall give the 
Governor 30 days to comment before adopting a regional lease sale 
schedule or, for lease applications, before publishing a notice of sale 
for any tract within the State.
    (b) When a tract proposed for lease sale within the boundaries of a 
National Forest would, if leased, be mined by surface mining methods, 
the Governor of the state in which the land to be leased is located 
shall be so notified by the Secretary. If the Governor fails to object 
to the lease sale proposal in 60 days, the Secretary may publish a 
notice of sale, including that tract. If, within the 60 day period, the 
Governor, in writing, objects to the lease sale proposal, the Secretary 
may not publish a notice of sale for that tract. Publication of the 
notice of sale shall be held in abeyance for 6 months from the date that 
the Governor objects. The Governor may, during this six-month period, 
submit a written statement of reasons why the tract should not be 
proposed for lease sale, and the Secretary shall, on the basis of this 
statement, reconsider the lease sale proposal.
    (c) Before determining whether to conduct a lease sale, the 
Secretary shall seek the recommendation of the Governor of the State(s) 
in which the lands proposed to be offered for lease are located as to 
whether or not to lease such lands and what alternative actions are 
available and what special conditions could be added to the proposed 
lease(s) to mitigate impacts. The Secretary shall accept the 
recommendations of the Governor(s) if he determines that they provide 
for a reasonable balance between the national interest and the State's 
interests. The Secretary shall communicate to the Governor(s) in writing 
and publish in the Federal Register the reasons for his determination to 
accept or reject such Governor's recommendations.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33139, 
July 30, 1982; 48 FR 37655, Aug. 19, 1983]



Sec. 3420.4-4  Consultation with Indian tribes.

    The Secretary shall consult with any Indian tribe which may be 
affected by the adoption of the proposed regional lease sale schedule. 
The Secretary shall give the tribe 30 days in which to comment prior to 
adopting a lease sale schedule.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33139, 
July 30, 1982]



Sec. 3420.4-5  Consultation with the Attorney General.

    The Secretary shall consult with and give due consideration to the 
advice of the Attorney General before the adoption of the proposed 
regional lease sale schedule. The Secretary shall provide 30 days in 
which the Attorney General may advise the Secretary prior to adopting a 
lease schedule.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33139, 
July 30, 1982]



Sec. 3420.5  Adoption of final regional lease sale schedule.



Sec. 3420.5-1  Announcement.

    Following completion of the requirements of Secs. 3420.3 and 3420.4 
of this title, the Secretary shall announce the adoption of a final 
regional lease sale schedule. The announcement shall be published in the 
Federal Register and

[[Page 565]]

contain a legal description of each tract included in the lease sale 
schedule and the date when each tract has been tentatively scheduled for 
sale. Notice of this announcement shall be published in at least 1 
newspaper of general distribution in each state within the region for 
which the regional lease sale schedule is adopted.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33139, 
July 30, 1982]



Sec. 3420.5-2  Revision.

    (a) The Secretary may revise either the list of tracts included in 
the schedule or the timing of the lease sales in accordance with any 
alternatives which were considered in the regional lease sale 
environmental impact statement and during consultation under Sec. 3420.4 
of this title.
    (b) Any regional lease sale schedule may be updated or replaced as a 
result of a new regional tract ranking, selection, and scheduling effort 
conducted in accordance with the provisions of Sec. 3420.3-4 of this 
title.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33140, 
July 30, 1982]



Sec. 3420.6  Reoffer of tracts not sold in previous regional lease sales.

    Following the offering of tracts in accordance with the procedures 
outlined in Secs. 3420.2, 3420.3, 3420.4 and 3420.5, any tracts not sold 
in accordance with the above listed provisions may be reoffered for sale 
by the Department provided a lease sale schedule has been reviewed by 
the regional coal team and, after consultation with the Governor, 
adopted by the Secretary. Provisions of subpart 3422 shall apply to 
these tracts.
[48 FR 37655, Aug. 19, 1983]



                        Subpart 3422--Lease Sales



Sec. 3422.1  Fair market value and maximum economic recovery.

    (a) Not less than 30 days prior to the publication of a notice of 
sale, the Secretary shall solicit public comments on fair market value 
(FMV) appraisal and the maximum economic recovery (MER) of the tract or 
tracts proposed to be offered and on factors that may affect these 2 
determinations. Proprietary data marked as confidential may be submitted 
to the Bureau of Land Management in response to the solicitation of 
public comments. Data so marked shall be treated in accordance with the 
laws and regulations governing the confidentiality of such information.
    (b) The authorized officer shall prepare a written report containing 
information on the mining method evaluation, estimated coal reserves by 
bed, coal quality assessment, royalty and lease bond recommendations and 
an evaluation of the public comments on the FMV and MER.
    (c)(1) The authorized officer shall not accept any bid that is less 
than the fair market value as determined by the Department.
    (2) Minimum bids shall be set on a regional basis and may be 
expressed in either dollars-per-acre or cents-per-ton. In no case shall 
the minimum bid be less than $100 per acre or its equivalent in cents-
per-ton.
[47 FR 33140, July 30, 1982, as amended at 50 FR 8626, Mar. 4, 1985; 51 
FR 18888, May 23, 1986]



Sec. 3422.2  Notice of sale and detailed statement.

    (a) Prior to the lease sale, the authorized officer shall publish a 
notice of the proposed sale in the Federal Register and in a 
newspaper(s) of general circulation in the county or equivalent 
political subdivision in which the tracts to be sold are situated. The 
newspaper notice shall be published not less than once a week for 3 
consecutive weeks. Such notice shall also be posted in the Bureau of 
Land Management State Office and shall be mailed to any surface owner of 
lands noticed for sale. The lease sale shall not be held until at least 
30 days after such posting in the State Office.
    (b) The notice shall:
    (1) List the time and place of sale, the type of sale, bidding 
method, rental, and the description of the tract(s) being offered and 
the minimum bid(s) to be considered;
    (2) Contain a description of the coal resources to be offered; and
    (3) Contain information on where a detailed statement of the terms 
and conditions of the lease(s) which may

[[Page 566]]

result from the lease sale may be obtained.
    (c) The detailed statement of the terms and conditions of the 
lease(s) offered and bidding instructions for sale shall:
    (1) Contain an explanation of the manner in which the bids may be 
submitted;
    (2) Contain a warning to all bidders concerning 18 U.S.C. 1860, 
which prohibits unlawful combination or intimidation of bidders;
    (3) Specify that the Secretary reserves the right to reject any and 
all bids and the right to offer the lease to the next highest qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason;
    (4) Contain a notice that each bid shall be accompanied by the 
bidder's qualifications (See 43 CFR 3472.2-2);
    (5) Contain a notice to bidders that the winning bidders shall have 
to submit the information required by the Attorney General for post-sale 
review (See 43 CFR 3422.3-4);
    (6) If appropriate, contain (i) a copy of any written qualified 
surface owner consent, including purchase price, financial obligations 
and terms and conditions, filed and verified prior to the posting of the 
notice of lease sale in the appropriate Bureau of Land Management State 
office; or (ii) a listing of lands for which qualified surface owner 
consent is required prior to lease sale but has not yet been filed, 
along with a statement that any consent for those lands filed prior to 
the deadline for such filings shall be made a part of the official file 
and shall be available for inspection by the public;
    (7) If appropriate, contain a notice that bidders shall file a 
statement that all information they hold relevant to written consents 
affecting any area offered in the sale in which the bid is submitted has 
been filed with the proper Bureau of Land Management State office (43 
CFR subpart 1821) in accordance with the provisions of subpart 3427 of 
this title;
    (8) Contain a copy of the proposed lease, including all terms and 
special stipulations; and
    (9) Contain any other information deemed appropriate by the 
authorized officer.
    (d) Each successful bidder, if any, shall reimburse the United 
States for a proportionate share of the cost of publishing the notice of 
sale as a condition of lease issuance.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33140, 
July 30, 1982]



Sec. 3422.3  Sale procedures.



Sec. 3422.3-1  Bidding systems.

    (a) The provisions of 10 CFR part 378 \1\ are not applicable to this 
part.
---------------------------------------------------------------------------

    \1\ Redesignated as 30 CFR part 260 and removed at 48 FR 1182, Jan. 
11, 1983.
---------------------------------------------------------------------------

    (b) The Department may conduct lease sales using cash bonus--fixed 
royalty bidding systems or any other bidding system adopted through 
rulemaking procedures.
[47 FR 33140, July 30, 1982]



Sec. 3422.3-2  Conduct of sale.

    (a)(1) Sealed bids shall be received only until the hour on the date 
specified in the notice of competitive leasing; all sealed bids 
submitted after that hour shall be returned. The authorized officer 
shall read all sealed bids, and shall announce the highest bid.
    (2) No decision to accept or reject the high bid will be made at the 
time of sale.
    (b) A sale panel shall convene to determine: (1) If the high bid was 
properly submitted; (2) if it reflects the FMV of the tract; and (3) 
whether the bidder is qualified to hold the lease. The recommendations 
of the panel shall be in writing and sent to the authorized officer who 
shall make the final decision to accept a bid or reject all bids. The 
sale panel's recommendation and the authorized officer's written 
decision shall be entered in the case file for the offered tract. The 
successful bidder shall be notified in writing. The Department reserves 
the right to reject any and all bids regardless of the amount offered, 
and shall not accept any bid that is less than fair market value. The 
authorized officer shall notify any bidder whose bid has been rejected 
and include in such notice a statement of the reason for the rejection. 
The Department reserves the right to offer the lease to the next

[[Page 567]]

highest qualified bidder if the successful bidder fails to execute the 
lease, or is for any reason disqualified from receiving the lease.
    (c) Each sealed bid shall be accompanied by a certified check, 
cashier's check, bank draft, money order, certificate of bidding rights, 
personal check or cash for one-fifth of the amount of the bonus, and a 
qualifications statement over the bidder's own signature with respect to 
citizenship and interests held, as prescribed in Sec. 3472.2-2 of this 
title.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33140, 
July 30, 1982]



Sec. 3422.3-3  Unsurveyed lands.

    If the land is unsurveyed, the successful bidder shall not be given 
notice to comply with the requirements of Sec. 3422.4 of this title for 
lease issuance until the land has been surveyed as provided in 
Sec. 3471.1-2 of this title.



Sec. 3422.3-4  Consultation with the Attorney General.

    (a) Subsequent to a lease sale, but prior to issuing a lease, the 
authorized officer shall require the successful bidder to submit on a 
form or in a format approved by the Attorney General information 
relating to the bidder's coal holdings to the authorized officer for 
transmittal to the Attorney General. Upon receipt of the information, 
the authorized officer shall notify the Attorney General of the proposed 
lease issuance, the name of the successful bidder and terms of the 
proposed lease sale and shall transmit the bidder's statement on coal 
holdings. A description of the information required by the Attorney 
General and the form or format for submission of the information may be 
obtained from the authorized officer.
    (b) Where a successful bidder has previously submitted the currently 
required information, a reference to the date of submission and to the 
serial number of the record in which it is filed, together with a 
statement of any and all changes in holdings since the date of the 
previous submission, shall be accepted.
    (c) The authorized officer shall not issue a lease until 30 days 
after the Attorney General receives the notice and statement of the 
successful bidder's coal holdings, or the Attorney General notifies the 
Director that lease issuance would not create or maintain a situation 
inconsistent with the antitrust laws, whichever comes first. The 
Attorney General shall inform the successful bidders and simultaneously, 
the authorized officer, if the successful bidder's statement of coal 
holdings is incomplete or inadequate, and shall specify what information 
is required for the Attorney General to complete his review. The 30 day 
period shall stop running on the date of such notification and not 
resume running until the Attorney General receives the supplemental 
information.
    (d) The authorized officer shall not issue the lease to the 
successful bidder, if, during the 30 day period, the Attorney General 
notifies the Director that the lease issuance would create or maintain a 
situation inconsistent with antitrust law, except after complying with 
paragraph (e)(2) of this section.
    (e) If the Attorney General notifies the Director that a lease 
should not be issued, the authorized officer may:
    (1) Reject all bids or many notify the Attorney General in 
accordance with paragraph (a) of this section that issuance of the 
proposed lease to the next qualified high bidder is under consideration; 
or
    (2) Issue the lease if, after a public hearing is conducted on the 
record in accordance with the Administrative Procedure Act, the 
authorized officer determines that:
    (i) Issuance of the lease is necessary to carry out the purposes of 
the Federal Coal Leasing Amendments Act of 1976;
    (ii) Issuance of the lease is consistent with the public interest; 
and
    (iii) There are no reasonable alternatives to the issuance of the 
lease consistent with the Federal Coal Leasing Amendments Act of 1976, 
the anti-trust laws, and the public interest.
    (f) If the Attorney General does not reply in writing to the 
notification in paragraph (a) of this section within 30 days, the 
authorized officer may issue a lease without waiting for the advice of 
the Attorney General.
    (g) Information submitted to the authorized officer to comply with 
this

[[Page 568]]

section shall be treated as confidential and proprietary data if marked 
``confidential'' by the reporting company. Confidential information 
shall be submitted to the authorized officer in a sealed envelope and 
shall be transmitted in that form to the Attorney General.
[44 FR 42615, July 19, 1979, as amended at 47 FR 33140, July 30, 1982]



Sec. 3422.4  Award of lease.

    (a) After the authorized officer has accepted a high qualified bid, 
and the Attorney General has not objected to lease issuance or the 
procedures in Sec. 3422.3-4(e)(2) of this title have been completed, the 
authorized officer shall send 4 copies of the lease form to the 
successful bidder. The successful bidder shall complete, sign and return 
these forms and shall: pay the balance of the bonus bid, if required; 
pay the first year's rental; pay the proportionate share of the cost of 
publishing the notice of sale; and file a lease bond. Upon receipt of 
the above, the authorized officer shall execute the lease.
    (b) If the successful bidder dies before the lease is issued, the 
provisions of Sec. 3472.2-4 of this title shall apply.
    (c) At least half of the acreage offered for competitive lease in 
any 1 year shall be offered on a deferred bonus payment basis. In a 
deferred bonus payment, the lessee shall pay the bonus in 5 equal 
installments; the first installment shall be submitted with the bid. The 
balance shall be paid in equal annual installments due and payable on 
the next 4 anniversary dates of the lease. If a lease is relinquished or 
otherwise cancelled or terminated, the unpaid remainder of the bid shall 
be immediately payable to the United States.
    (d) If the successful bidder fails to comply with any requirement of 
paragraph (a) of this section or of Sec. 3422.3-4 of this title, the 
deposit on the successful bid shall be forfeited to the United States.
    (e) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the deposit submitted with the bid shall be refunded.
[47 FR 33141, July 30, 1982]



                  Subpart 3425--Leasing on Application



Sec. 3425.0-1  Purpose.



Sec. 3425.0-2  Objective.

    The objective of this subpart is to provide an application process 
through which the Department may consider holding lease sales apart from 
the competitive leasing process set out in Secs. 3420.3 through 3420.5-2 
of this title, where an emergency need for unleased coal deposits is 
demonstrated, or in areas outside coal production regions or outside 
eastern activity planning areas.
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982]



Sec. 3425.1  Application for lease.



Sec. 3425.1-1  Where filed.

    Application for a lease covering lands subject to leasing (43 CFR 
3400.2) shall be filed in the Bureau of Land Management State Office 
having jurisdiction over the lands or minerals involved (43 CFR subpart 
1821).



Sec. 3425.1-2  Contents of application.

    No specific form of application is required. Three copies of the 
application, including preliminary and other data required by this 
subpart shall be filed. The lands applied for shall be described in 
accordance with subpart 3471 of this title. The application must be 
accompanied by the filing fee (43 CFR 3473.2).



Sec. 3425.1-3  Qualifications of the applicant.

    Any applicant for a lease shall meet the qualifications required of 
a lessee as specified in subpart 3472 of this title.



Sec. 3425.1-4  Emergency leasing.

    (a) An emergency lease sale may be held in response to an 
application under this subpart if the applicant shows:
    (1) That the coal reserves applied for shall be mined as part of a 
mining operation that is producing coal on the date of the application, 
and either:
    (i) The Federal coal is needed within 3 years (A) to maintain an 
existing mining operation at its current average annual level of 
production on the

[[Page 569]]

date of application or (B) to supply coal for contracts signed prior to 
July 19, 1979, as substantiated by a complete copy of the supply or 
delivery contract, or both; or
    (ii) If the coal deposits are not leased, they would be bypassed in 
the reasonably foreseeable future, and if leased, some portion of the 
tract applied for would be used within 3 years; and
    (2) That the need for the coal deposits shall have resulted from 
circumstances that were either beyond the control of the applicant or 
could not have been reasonably foreseen and planned for in time to allow 
for consideration of leasing the tract under the provisions of 
Sec. 3420.3 of this title.
    (b) The extent of any lease issued under this section shall not 
exceed 8 years of recoverable reserves at the rate of production under 
which the applicant qualified in paragraph (a)(1) of this section. If 
the applicant qualifies under both paragraphs (a)(1) (A) and (B) of this 
section, the higher rate applies.
    (c) The authorized officer shall provide the Governor of the 
affected State(s) a notice of an emergency lease application when it is 
filed with the Bureau of Land Management.
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982; 
48 FR 37655, Aug. 19, 1983]



Sec. 3425.1-5  Leasing outside coal production regions.

    A lease sale may be held in response to an application under this 
subpart if the application covers coal deposits which are outside coal 
production regions identified under Sec. 3400.5 of this title.
[47 FR 33141, July 30, 1982]



Sec. 3425.1-6  Hardship leases.

    The Secretary may issue a lease under this subpart based on any 
application listed by serial number in the modified court order in NRDC 
v. Hughes, 454 F. Supp. 148 (D.D.C. 1978).



Sec. 3425.1-7  Preliminary data.

    (a) Any application for a lease shall contain preliminary data to 
assist the authorized officer in conducting an environmental analysis as 
described in Sec. 3425.3 of this title.
    (b) Such preliminary data shall include:
    (1) A map, or maps, showing the topography, physical features and 
natural drainage patterns, existing roads, vehicular trails, and utility 
systems; the location of any proposed exploration operations, including 
seismic lines and drill holes; to the extent known, the location of any 
proposed mining operations and facilities, trenches, access roads or 
trails, and supporting facilities including the approximate location and 
extent of the areas to be used for pits, overburden, and tailings; and 
the location of water sources or other resources that may be used in the 
proposed operations and facilities.
    (2) A narrative statement, including:
    (i) The anticipated scope, method, and schedule of exploration 
operations, including the types of exploration equipment to be used;
    (ii) The method of mining anticipated, including the best estimate 
of the mining sequence and production rate to be followed;
    (iii) The relationship between the mining operations anticipated on 
the lands applied for and existing or planned mining operations, or 
support facilities on adjacent Federal or non-Federal lands;
    (iv) A brief description, including maps or aerial photographs, as 
appropriate, of: The existing land use or uses within and adjacent to 
the lands applied for; known geologic, visual, cultural, paleontological 
or archaeological features; wetlands and floodplains; and known habitat 
of fish and wildlife--particularly threatened and endangered species--
any of which may be affected by the proposed or anticipated exploration 
or mining operations and related facilities;
    (v) A brief description of the proposed measures to be taken to 
control or prevent fire and to mitigate or prevent soil erosion, 
pollution of surface and ground water, damage to fish and wildlife or 
other natural resources, air and noise pollution, adverse impacts to the 
social and infrastructure systems of local communities, and hazards to 
public health and safety; reclaim the surface; and meet other applicable 
laws and regulations. The applicant may

[[Page 570]]

submit other pertinent information that the applicant wishes to have 
considered by the authorized officer;
    (vi) A statement which describes the intended use of the coal 
covered by the emergency application; and
    (vii) Any other information which will show that the application 
meets the requirements of this subpart.
    (c) The applicant may engage in casual use of the land in the 
application, but shall not undertake any exploration without prior 
authorization by exploration license, or undertake any mining operations 
until lease issuance.
    (d) The authorized officer, after reviewing the preliminary data 
contained in an application, and at any time during an environmental 
assessment may request additional information from the applicant. Where 
the surface of the land is held by a qualified surface owner 
(Sec. 3400.0-5) and the mining method to be used is other than 
underground mining techniques, the authorized officer shall obtain 
documents necessary to show ownership of the surface. The applicant 
shall submit evidence of written consent from any qualified surface 
owner(s). (In accordance with subpart 3427 of this title).
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982]



Sec. 3425.1-8  Rejection of applications.

    (a) An application for a lease shall be rejected in total or in part 
if the authorized officer determines that: (1) The application is not 
consistent with the applicable regulations; (2) issuance of the lease 
would compromise the regional leasing process described in Sec. 3420.3 
of this title; or (3) leasing of the lands covered by the application, 
for environmental or other sufficient reasons, would be contrary to the 
public interest.
    (b) Any application subject to rejection under paragraph (a) of this 
section shall not be rejected until the applicant is given written 
notice of the opportunity to provide requested missing information and 
fails to do so within the time specified in the decision issued for that 
purpose.
    (c) The authorized officer shall transmit reasonable notice of the 
rejection of an emergency lease application to the Governor of the 
affected State(s).
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982; 
48 FR 37655, Aug. 19, 1983]



Sec. 3425.1-9  Modification of application area.

    The authorized officer may add or delete lands from an area covered 
by an application for any reason he/she determines to be in the public 
interest.
[47 FR 33141, July 30, 1982]



Sec. 3425.2  Land use plans.

    No lease shall be offered for sale under this subpart unless the 
lands have been included in a comprehensive land use plan or a land use 
analysis, as required in Sec. 3420.1-4 of this title. The decision to 
hold a lease sale shall be consistent with the appropriate comprehensive 
land use plan or land use analysis.
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982]



Sec. 3425.3  Environmental analysis.

    (a) Before a lease sale may be held under this subpart, the 
authorized officer shall prepare an environmental assessment or 
environmental impact statement of the proposed lease area in accordance 
with 40 CFR parts 1500 through 1508.
    (b) For lease applications involving lands in the National Forest 
System, the authorized officer shall submit the lease application to the 
Secretary of Agriculture for consent, for completion or consideration of 
an environmental assessment and for the attachment of appropriate lease 
stipulations, and for the making of any other findings prerequisite to 
lease issuance. (43 CFR 3400.3, 3461.1(a))
[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982]



Sec. 3425.4  Consultation and sale procedures.

    (a)(1) Prior to holding any lease sale in response to any 
application under this subpart, a public hearing shall be held on the 
environmental assessment or environmental impact statement, the proposed 
sale and the fair market

[[Page 571]]

value and maximum economic recovery on the proposed lease tract.
    (2) Prior to holding any lease sale under this subpart, the 
Secretary shall consult with the entities and individuals listed in 
Secs. 3420.4-2 through 3420.4-5 of this title.
    (b) Subpart 3422 of this title applies in full to any sale to be 
held in response to an application filed under this subpart.
[47 FR 33142, July 30, 1982]



Sec. 3425.5  Lease terms.

    The terms of a lease issued under this subpart shall be consistent 
with the terms established for all competitive coal leases (43 CFR part 
3470).



                   Subpart 3427--Split Estate Leasing



Sec. 3427.0-1  Purpose.

    The purpose of this subpart is to set out the protection that shall 
be afforded qualified surface owners of split estate lands (43 CFR 
3400.0-5) and the requirements for submission of evidence of written 
surface owner consent from qualified surface owners of split estate 
lands.
[47 FR 33142, July 30, 1982]



Sec. 3427.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 714 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1304), as 
construed in Solicitor's Opinion M-36909, 86 I.D. 28 (1979).



Sec. 3427.0-7  Scope.

    The surface owner consent provisions of the Surface Mining Control 
and Reclamation Act do not apply:
    (a) To preference right lease applications; and
    (b) If the split estate coal is to be mined by underground mining 
techniques (43 CFR 3500.0-5).



Sec. 3427.1  Deposits subject to consent.

    On split estate lands (43 CFR 3400.0-5(kk)) where the surface is 
owned by a qualified surface owner, coal deposits that will be mined by 
other than underground mining techniques shall not be included in a 
lease sale without evidence of written consent from the qualified 
surface owner (43 CFR 3400.0-5(gg)) allowing entry and commencement of 
surface mining operations.
[47 FR 33142, July 30, 1982]



Sec. 3427.2  Procedures.

    (a)(1) Each written consent or evidence of written consent shall be 
filed with the appropriate Bureau of Land Management State office (43 
CFR subpart 1821). For lands offered for lease sale pursuant to subpart 
3420 of this title, consents or written evidence thereof shall be filed 
on or before a date prior to the lease sale specified in a notice 
published in the Federal Register. For lands offered for lease sale 
pursuant to subpart 3425 of this title, consents or written evidence 
thereof shall be filed prior to the posting of the lease sale notice.
    (2) Statement of refusal to consent shall be filed with the 
appropriate Bureau of Land Management State Office, but such statement 
shall be accepted for filing only during activity planning.
    (b) Written consent, evidence of written consent, or statement of 
refusal to consent may be filed by any private person or persons with a 
potential interest in the lease sale of split estate lands.
    (c) Such filing shall, at a minimum, contain the present legal 
address of the qualified surface owner, and the name, ownership, 
interest, if any, and legal address of the party making the filing, and 
if it is a written consent or evidence thereof, a copy of the written 
consent or evidence thereof.
    (d) The authorized officer shall verify that the written consent or 
evidence of such consent meets all of the following requirements, and 
that the statement of refusal to consent meets the requirements of 
paragraphs (d)(2) and (3) of this section:
    (1) The right to enter and commence mining is transferable to 
whoever makes the successful bid in a lease sale for a tract which 
includes the lands to which the consent applies. A written consent shall 
be considered transferable only if it provides that after the

[[Page 572]]

lease sale for the tract to which the consent applies:
    (i) The successful bidder shall assume all rights and obligations of 
the holder of the consent, including the obligation to make all payments 
to the grantor of the consent and to reimburse the holder of the consent 
for all money previously paid to the grantor under the consent contract; 
and
    (ii) Neither the holder nor the grantor of the consent has any right 
under the consent contract to prevent the successful bidder from 
assuming the rights and obligations of the holder of the consent by 
imposing additional costs or conditions or otherwise;
    (2) The named surface owner is a qualified surface owner as defined 
in Sec. 3400.0-5(gg) of this title; and
    (3) The title for all split estate lands described in the filing is 
held by the named qualified surface owners.
    (e) Upon receipt of a filing from anyone other than the named 
qualified surface owner, the authorized officer shall contact the named 
qualified surface owner and request his confirmation in writing that the 
filed, written consent or evidence thereof to enter and commence mining 
has been granted, and that the filing fully discloses all of the terms 
of the written consent, or that the refusal to consent is accurate.
    (f) The applicable conditions of paragraphs (d) and (e) of this 
section shall be met prior to the lease sale for lands to which the 
consents apply.
    (g) The authorized officer shall in all cases notify the person or 
persons filing the written consent, evidence of written consent, or 
statement of refusal to consent of the results of the review of the 
filing, including any request for additional information needed to 
satisfy the requirements of this subpart in cases where insufficient 
information was supplied with the original filing.
    (h) The purchase price of any applicable written consent from a 
qualified surface owner submitted and verified prior to posting of the 
notice of lease sale shall be included with the description of the 
tract(s) in the notice of lease sale, and the other terms of the consent 
shall be included in the detailed statement of the sale for the 
tract(s). Any consent filed after posting of the notice of lease sale 
shall be placed in the official file for the lease tract(s) to which the 
consent applies and shall be available for inspection by the public in 
the appropriate Bureau of Land Management State office (43 CFR subpart 
1821).
    (i) Any statement of refusal to consent shall be treated as 
controlling until the activity planning cycle that includes the area 
covered by the refusal to consent is repeated or the surface estate is 
sold. When an activity planning cycle is initiated, the qualified 
surface owner shall be notified that his/her prior statement of refusal 
has expired and shall be given the opportunity to submit another 
statement.
    (j) If the surface owner fails to provide evidence of qualifications 
in response to surface owner consultation or to a written request for 
such evidence, and if the authorized officer is unable to independently 
determine whether or not the surface owner is qualified, the authorized 
officer shall presume that the surface owner is unqualified. The 
authorized officer shall notify the surface owner in writing of this 
determination and shall provide the surface owner an opportunity to 
appeal the determination.
    (k) Any surface owner determined to be unqualified by decision of 
the field official of the surface management agency shall have 30 days 
from the date of receipt of such decision in which he/she may appeal the 
decision to the appropriate State Director of the Bureau of Land 
Management. The surface owner shall have the right to appeal the State 
Director's decision to the Director, Bureau of Land Management, within 
30 days of receipt of that decision. Both appeals under this paragraph 
shall be in writing. As an exception to the provisions of Sec. 3000.4 of 
this title, the decision of the Director shall be the final 
administrative action of the Department of the Interior.
[44 FR 42615, July 19, 1979, as amended at 47 FR 33142, July 30, 1982; 
48 FR 37656, Aug. 19, 1983]



Sec. 3427.3  Validation of information.

    Any person submitting a written consent shall include with his 
filing a

[[Page 573]]

statement that the evidence submitted, to the best of his knowledge, 
represents a true, accurate, and complete statement of information 
regarding the consent for the area described.



Sec. 3427.4  Pre-existing consents.

    An otherwise valid written consent given by a qualified surface 
owner prior to August 3, 1977, shall not be required to meet the 
transferability of Sec. 3427.2(d)(1) of this title.
[47 FR 33142, July 30, 1982]



Sec. 3427.5  Unqualified surface owners.

    (a) Lease tracts involving surface owners who are not qualified (see 
Sec. 3400.0-5(gg)) shall be leased subject to the protections afforded 
the surface owner by the statute(s) under which the surface was patented 
and the coal reserved to the United States. No consent from an 
unqualified surface owner is required under this subpart before the 
authorized officer may issue a lease for such a tract (see section 9 of 
the Stock-Raising Homestead Act (43 U.S.C. 249); the Act of March 3, 
1909 (30 U.S.C. 81); section 3 of the Act of June 22, 1910 (30 U.S.C. 
85); and section 5 of the Act of June 21, 1949 (30 U.S.C. 54)).
    (b) The provisions of Secs. 3427.1 through 3427.4 of this title are 
inapplicable to any lease tract on which a consent has been given by an 
unqualified surface owner. The high bidder at the sale of such a tract 
is not required to submit any evidence of written consent before the 
authorized officer may issue the lease unless the statute establishing 
the relative rights of the United States (and its lessees) and the 
surface owner so requires.
[47 FR 33142, July 30, 1982]



PART 3430--NONCOMPETITIVE LEASES--Table of Contents




                  Subpart 3430--Preference Right Leases

Sec.
3430.0-1  Purpose.
3430.0-3  Authority.
3430.0-7  Scope.
3430.1  Preference right leases.
3430.1-1  Showing required for entitlement to a lease.
3430.1-2  Commercial quantities defined.
3430.2  Application for lease.
3430.2-1  Initial showing.
3430.2-2  Additional time.
3430.3  Planning and environment.
3430.3-1  Land use planning.
3430.3-2  Environmental analysis.
3430.4  Final showing.
3430.4-1  Request for final showing.
3430.4-2  Additional information.
3430.4-3  Costing document and public review.
3430.4-4  Environmental costs.
3430.5  Determination of entitlement to lease.
3430.5-1  Rejection of application.
3430.5-2  Appeals, lack of showing.
3430.5-3  Determination to lease.
3430.5-4  Lease exchange.
3430.6  Lease issuance.
3430.6-1  Lease terms.
3430.6-2  Bonding.
3430.6-3  Duration of leases.
3430.7  Trespass.

              Subpart 3431--Negotiated Sales: Rights-of-Way

3431.0-1  Purpose.
3431.0-3  Authority.
3431.1  Qualified purchaser.
3431.2  Terms and conditions of sale.

                    Subpart 3432--Lease Modifications

3432.0-3  Authority.
3432.1  Application.
3432.2  Availability.
3432.3  Terms and conditions.

                      Subpart 3435--Lease Exchange

3435.0-1  Purpose.
3435.0-3  Authority.
3435.1  Coal lease exchanges.
3435.2  Qualified exchange proponents: Limitations.
3435.3  Exchange procedures.
3435.3-1  Exchange notice.
3435.3-2  Initial response by lessee or lease applicant.
3435.3-3  Agreement to terms.
3435.3-4  Determination of value.
3435.3-5  Notice of public hearing.
3435.3-6  Consultation with Governor.
3435.3-7  Consultation with the Attorney General.
3435.4  Issuance of lease, lease modification or bidding rights.

Subpart 3436--Coal Lease and Coal Land Exchanges: Alluvial Valley Floors

3436.0-1  Purpose.
3436.0-2  Objective.
3436.0-3  Authority.
3436.0-5  Definitions.
3436.1  Coal lease exchanges.
3436.1-1  Qualified lease proponents.

[[Page 574]]

3436.1-2  Federal coal deposits subject to lease by exchange.
3436.2  Fee coal exchanges.
3436.2-1  Qualified exchange proponents.
3436.2-2  Federal coal deposits subject to disposal by exchange.
3436.2-3  Exchange procedures.

    Authority:  30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C. 521-
531; 30 U.S.C. 1201 et seq.; and 43 U.S.C. 1701 et seq.

    Source:  44 FR 42628, July 19, 1979, unless otherwise noted.



                  Subpart 3430--Preference Right Leases



Sec. 3430.0-1  Purpose.

    These regulations set forth procedures for processing noncompetitive 
(preference right) coal lease applications on Federal lands.



Sec. 3430.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 2(b) of the 
Mineral Leasing Act of 1920 (30 U.S.C. 201(b)).
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982]



Sec. 3430.0-7  Scope.

    Section 4 of the Federal Coal Leasing Amendments Act of 1976, 
amending 30 U.S.C. 201(b), repealed the Secretary's authority to issue 
or extend a coal prospecting permit on Federal lands. Therefore, these 
regulations apply only to preference right lease applications based on 
prospecting permits issued prior to August 4, 1976. The surface owner 
consent provisions of section 714 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1304) do not apply to preference 
right lease applications.
[47 FR 33143, July 30, 1982]



Sec. 3430.1  Preference right leases.



Sec. 3430.1-1  Showing required for entitlement to a lease.

    An applicant for a preference right lease shall be entitled to a 
noncompetitive coal lease if the applicant can demonstrate that he 
discovered commercial quantities of coal on the prospecting permit lands 
within the term of the prospecting permit, all other requirements having 
been met.



Sec. 3430.1-2  Commercial quantities defined.

    For the purpose of Sec. 3430.1-1 of this title, commercial 
quantities is defined as follows:
    (a) The coal deposit discovered under the prospecting permit shall 
be of such character and quantity that a prudent person would be 
justified in further expenditure of his labor and means with a 
reasonable prospect of success in developing a valuable mine.
    (b) The applicant shall present sufficient evidence to show that 
there is a reasonable expectation that revenues from the sale of the 
coal shall exceed the cost of developing the mine and extracting, 
removing, transporting, and marketing the coal. The costs of development 
shall include the estimated cost of exercising environmental protection 
measures and suitably reclaiming the lands and complying with all 
applicable Federal and state laws and regulations.



Sec. 3430.2  Application for lease.



Sec. 3430.2-1  Initial showing.

    All preference right coal lease applications shall have contained or 
shall have been supplemented by the timely submission of:
    (a) Information on the quantity and quality of the coal resources 
discovered within the boundaries of the prospecting permit area, 
including an average proximate analysis, sulfur content and BTU content 
of the coal, and all supporting geological and geophysical data used to 
develop the required information.
    (1) Coal quantity shall be indicated by structural maps of the tops 
of all beds to be mined, isopachous maps of beds to be mined and 
interburden; and, for beds to be mined by surface mining methods, 
isopachous maps of the overburden. These maps shall show the location of 
test holes and outcrops. An estimate of the measured and indicated 
reserves for each bed to be mined shall be included.
    (2) Coal quality data shall include, at a minimum, an average 
proximate

[[Page 575]]

analysis, sulfur content, and BTU content of the coal in each bed to be 
mined. Also, all supporting geological and geophysical data used to 
develop the required information shall be submitted.
    (b) Topographic maps as available from state or Federal sources 
showing physical features, drainage patterns, roads and vehicle trails, 
utility systems, and water sources. The location of proposed development 
and mining operations facilities shall be identified on the maps. These 
maps shall include the approximate locations and extent of tailings and 
overburden storage areas; location and size of pit areas; and the 
location of water sources or other resources that may be used in the 
proposed operation and facilities incidental to that use.
    (c) A narrative statement that includes:
    (1) The anticipated scope of operations, the schedule of operations, 
and the types of equipment to be used;
    (2) The mining method to be used and an estimate of the expected 
mining sequence and production rate; and
    (3) The relationship, if any, between operations planned on the land 
applied for and existing or planned operations and facilities on 
adjacent lands.
    (d) The authorized officer may request from the applicant, or the 
applicant may submit, any other information necessary to conduct an 
environmental analysis of the proposed mining operation, formulate 
mitigating measures and lease terms and determine commercial quantities.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982]



Sec. 3430.2-2  Additional time.

    (a) If the applicant has timely submitted some, but not all, of the 
information required by Sec. 3430.2-1 of this title, the authorized 
officer shall request additional information and shall specify the 
information required.
    (b) The applicant shall submit any requested information within 60 
days of the date of the request. The authorized officer may grant one 
60-day extension if the applicant files a written request for an 
extension within the first 60-day period.
[44 FR 42628, July 19, 1979. Redesignated and amended at 47 FR 33143, 
July 30, 1982]



Sec. 3430.3  Planning and environment.



Sec. 3430.3-1  Land use planning.

    (a) As a matter of policy, the Department shall complete the 
processing of all preference right lease applications.
    (b) Preference right lease applications shall be processed in the 
cycle of on-going comprehensive land use plans unless the authorized 
officer determines that the processing of the application, in the cycle 
of on-going comprehensive land use plans, will not be completed by 
December 1, 1984.
    (c) (1) Each applicant may file a request with the authorized 
officer:
    (i) For an estimate of when the application shall be processed in 
the cycle of on-going comprehensive land use plans; and
    (ii) To have the applicant's application processed in advance of the 
period specified in the authorized officer's estimate.
    (2) The request shall include a statement of how the applicant will 
benefit from having the application processed more quickly than 
otherwise scheduled, and shall specify how the pendency of the 
application affects the applicant's production, marketing or use of coal 
before 1986.
    (3) If the authorized officer concludes that the failure to process 
an application apart from the cycle of on-going comprehensive land use 
plans would cause the applicant substantial hardship, the authorized 
officer may process the application apart from the cycle of on-going 
comprehensive land use plans in a land use analysis.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982; 
52 FR 25798, July 8, 1987]



Sec. 3430.3-2  Environmental analysis.

    (a) After the applicant has completed the initial showing required 
under Sec. 3430.2 of this title, the authorized officer shall conduct an 
environmental analysis of the proposed preference

[[Page 576]]

right lease area and prepare an environmental assessment or 
environmental impact statement on the application.
    (b) The environmental analysis may be conducted in conjunction with 
and included as part of the environmental impact statement required for 
coal activity planning under Sec. 3420.3-4 of this title.
    (c) Except for the coal preference right lease applications analyzed 
in the San Juan Regional Coal Environmental Impact Statement (March 
1984), the Savery Coal EIS (July 1983), and the Final Decision Record 
and Environmental Assessment of Coal PRLAs (Beans Spring, Table, and 
Black Butte Creek Projects) (September 1982), or covered by serial 
numbers C-0127832, C-0123475, C-0126669, C-8424, C-8425, W-234111, C-
0127834, U-1362, NM-3099, F-014996, F-029746, and F-033619, the 
authorized officer shall prepare environmental impact statements for all 
preference right lease applications for coal for which he/she proposes 
to issue a lease, in accordance with the following procedures:
    (1) The authorized officer shall prepare adequate environmental 
impact statements and other National Environmental Policy Act 
documentation, prior to the determination that commercial quantities of 
coal have been discovered on the lands subject to a preference right 
lease application, in order to assure, inter alia, that the full cost of 
environmental impact mitigation, including site-specific lease 
stipulations, is included in the commercial quantities determination for 
that preference right lease application.
    (2) The authorized officer shall prepare and evaluate alternatives 
that will explore various means to eliminate or mitigate the adverse 
impacts of the proposed action. The impact analysis shall address each 
numbered subject area set forth in Sec. 3430.4-4 of this title, except 
that the impact analysis need not specifically address the subject areas 
of Mine Planning or of Bonding. At a minimum, each environmental impact 
statement shall include:
    (i) A ``no action'' alternative that examines the impacts of the 
projected development without the issuance of leases for the preference 
right lease applications;
    (ii) An alternative setting forth the applicant's proposed action. 
This alternative shall examine the applicant's proposal, based on 
information submitted in the applicant's initial showing and standard 
lease stipulations;
    (iii) An alternative setting forth the authorized officer's own 
proposed action. This alternative shall examine:
    (A) The impacts of mining on those areas encompassed by the 
applicant's proposal that are found suitable for further consideration 
for mining after the unsuitability review provided for by subpart 3461 
of this title; and
    (B) The impacts of mining subject to appropriate special 
stipulations designed to mitigate or eliminate impacts for which 
standard lease stipulations may be inadequate. With respect to 
mitigation of significant adverse impacts, alternative lease 
stipulations shall be developed and preferred lease stipulations shall 
be identified and justified. The authorized officer shall state a 
preference between standard lease stipulations and special stipulations 
(performance standards or design criteria).
    (iv) An exchange alternative, examining any reasonable alternative 
for exchange that the Secretary would consider were the applicant to 
show commercial quantities, and, in cases where, if the lands were to be 
leased, there is a finding that the development of the coal resources is 
not in the public interest.
    (v) An alternative exploring the options of withdrawal and just 
compensation and examining the possibility of Secretarial withdrawal of 
lands covered by a preference right lease application (assuming 
commercial quantities will be shown) while the Secretary seeks 
congressional authorization for purchase or condemnation of the 
applicant's property, lease or other rights.
    (3) The authorized officer shall prepare a cumulative impact 
analysis in accordance with 40 CFR 1508.7 and 1508.25 that examines the 
impacts of the proposed action and the alternatives when added to other 
past, present, and reasonably foreseeable future actions, regardless of 
what agency (Federal or nonfederal) or person undertakes such other 
actions.

[[Page 577]]

    (i) The cumulative impact analysis shall include an analysis of the 
combined impacts of the proposed preference right leasing with the 
mining of currently leased coal and other reasonably foreseeable future 
coal development, as well as other preference right leasing in the area 
under examination.
    (ii) The cumulative impact analysis shall also examine the impacts 
of the proposed preference right leasing in conjunction with impacts 
from non-coal activities, such as mining for other minerals, other 
projects requiring substantial quantities of water, and other sources of 
air pollution.
    (4) When information is inadequate to estimate impacts reasonably, 
the authorized officer shall comply with the provisions of 40 CFR 
1502.22(b).
    (5) Each environmental impact statement shall be prepared in 
accordance with the Council of Environmental Quality's National 
Environmental Policy Act regulations, 40 CFR part 1500.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982; 
52 FR 25798, July 8, 1987]



Sec. 3430.4  Final showing.



Sec. 3430.4-1  Request for final showing.

    (a) Upon completion of the environmental assessment or impact 
statement on the application, the authorized officer shall, if not 
previously submitted, request a final showing by the applicant.
    (b) The authorized officer shall transmit to the applicant, 
separately or with a request for a final showing, the following:
    (1) The proposed lease form, including any proposed stipulations; 
and
    (2) A copy of the environmental assessment or impact statement on 
the application including a map or maps showing all areas subject to 
specific conditions or protective stipulations because they have been 
assessed or designated to be unsuitable for all or certain stipulated 
methods of coal mining, or because of other identified values that are 
not embodied in the unsuitability criteria in subpart 3461 of this 
title.
    (c) The authorized officer shall process all preference right lease 
applications, except for those preference right lease applications 
numbered F-029746 and F-033619, in accordance with the following 
standards and procedures:
    (1) The authorized officer shall transmit a request for final 
showing to each applicant for each preference right lease application 
for which it proposes to issue a lease.
    (2) Copies of each request shall be sent to all interested parties.
    (3) The request shall contain proposed lease terms and special 
stipulations;
    (d) Within 90 days of receiving the proposed lease form, the 
applicant shall submit the following information:
    (1) Estimated revenues;
    (2) The proposed means of meeting the proposed lease terms and 
special conditions and the estimated costs that a prudent person would 
consider before deciding to operate the proposed mine, including but not 
limited to, the cost of developing the mine, removing the coal, 
processing the coal to make it salable, transporting the coal, paying 
applicable royalties and taxes, and complying with applicable laws and 
regulations, the proposed lease terms, and special stipulations; and
    (3) If the applicant intends to mine the deposit in the lands 
covered by a preference right lease application as part of a logical 
mining unit, the applicant shall include the estimated costs and revenue 
of the combined mining venture.
    (e) The applicant may withdraw any lands from the application and 
delete them from the final showing if the applicant is no longer 
interested in leasing such lands or if such lands would be subject to 
special conditions or protective stipulations and the cost of mining the 
lands subject to these conditions or protective stipulations would 
adversely affect the commercial quantities determination.
    (f) The applicant may delete any area subject to special conditions 
or protective stipulations, because it has been assessed to be 
unsuitable or otherwise, and the costs of mining subject to the 
conditions or protective stipulations, from the final showing required 
by paragraph (c) of this section.
    (g) All data submitted by the preference right lease applicant that 
is labeled as privileged or confidential shall

[[Page 578]]

be treated in accordance with the provisions of part 2 of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982; 
52 FR 25799, July 8, 1987]



Sec. 3430.4-2  Additional information.

    (a) If the applicant for a preference right lease has submitted 
timely, some, but not all of the information required in Sec. 3430.4-1 
of this title, the authorized officer shall request additional 
information and shall specify the information required.
    (b) The applicant shall submit any requested additional information 
within 60 days of the receipt of the request. The authorized officer may 
grant one 60-day extension if the applicant files a written request 
within the first 60-day period.



Sec. 3430.4-3  Costing document and public review.

    (a) The authorized officer shall prepare a document that estimates 
the cost of compliance with all laws, regulations, lease terms, and 
special stipulations intended to protect the environment and mitigate 
the adverse environmental impacts of mining.
    (1) The costs shall be calculated for each of the various numbered 
subject areas contained in Sec. 3430.4-4 of this title.
    (2) The authorized officer's estimated costs of compliance may be 
stated in ranges based on the best available information. If a range is 
used, he/she shall identify the number from each range that the 
authorized officer proposes to use in making the determination whether a 
particular applicant has identified coal in commercial quantities.
    (b) The authorized officer shall provide for public review of the 
costs of environmental protection associated with the proposed mining on 
the preference right lease application area.
    (1) The authorized officer shall send the Bureau's cost estimate 
document to the preference right lease applicant and provide at least 30 
days for the applicant to review said document before a notice of 
availability is published in the Federal Register. Comments submitted by 
the applicant, and the Bureau's response to the comments, shall be made 
available to the public for review and comment at the time the cost 
estimate document is made available.
    (2) The authorized officer then shall publish in the Federal 
Register a notice of the availability of the Bureau's cost estimation 
document.
    (3) The authorized officer also shall send the cost estimation 
document to all interested parties, including all agencies, 
organizations, and individuals that participated in the environmental 
impact statement or the scoping process.
    (4) Copies of the cost estimation document shall be submitted to the 
Environmental Protection Agency.
    (5) The public shall be given a period of not less than 60 days from 
the date of the publication of the notice in the Federal Register to 
comment on the Bureau's cost estimates.
    (c) The cost estimate document and all substantive comments received 
(or summaries thereof if the response is voluminous) shall be part of 
the Record of Decision for the preference right lease application(s) 
(See 40 CFR 1505.2).
    (1) The authorized officer shall respond to each substantive comment 
in the Record of Decision by modifying or supplementing his/her cost 
estimates, or explaining why they were not modified or supplemented in 
response to the comments.
    (2) The authorized officer shall submit a copy of the Record of 
Decision with the public comments and the Bureau's response to the 
Environmental Protection Agency.
    (3) The authorized officer shall publish a notice of the 
availability of each Record of Decision in the Federal Register.
    (4) No preference right lease shall be issued sooner than 30 days 
following publication of the notice of availability required by 
paragraph (c)(3) of this section.
[52 FR 25799, July 8, 1987]



Sec. 3430.4-4  Environmental costs.

    Prior to determining that a preference right lease applicant has 
discovered coal in commercial quantities, the authorized officer shall 
include the following listed and any other relevent

[[Page 579]]

environmental costs in the adjudication of commercial quantities 
(examples may not apply in all cases, neither are they all inclusive):
    (a) Permitting. (1) Surface water--cost of collecting and analyzing 
baseline data on surface water quality and quantity (collecting and 
analyzing samples, constructing and maintaining monitoring facilities, 
purchasing equipment needed for surface water monitoring).
    (2) Groundwater--costs of collecting and analyzing baseline data on 
groundwater quality and quantity (collecting and evaluating samples from 
domestic or test wells, purchasing well casings and screens and 
monitoring equipment, drilling and maintenance of test wells).
    (3) Air quality--costs of collecting and analyzing baseline air 
quality data (purchasing rain, air direction, and wind guages and air 
samplers and evaporation pans).
    (4) Vegetation--costs of collecting and analyzing data on indigenous 
vegetation (collecting and classifying samples for productivity 
analyses).
    (5) Wildlife--costs of collecting and analyzing baseline data on 
wildlife species and habitats (collecting wildlife and specimens and 
data and purchasing traps and nets).
    (6) Soils--costs of collecting and analyzing baseline soil data 
(collecting and analyzing soil samples by physical and chemical means).
    (7) Noise--costs of collecting and analyzing baseline data on noise 
(purchasing necessary equipment).
    (8) Socio-economics--costs of conducting social and economic studies 
for baseline data (collecting and evaluating social and economic data).
    (9) Archaeology, history, and other cultural resources--costs of 
collecting and analyzing data on archaeology, history, and other 
cultural resources (conducting archaelogical excavations and historical 
and cultural surveys).
    (10) Paleontology--costs of collecting and analyzing paleontological 
data (conducting surveys and excavations).
    (11) Geology--costs of collecting and analyzing baseline geological 
data (drilling overburden cores and conducting physical and chemical 
analyses).
    (12) Subsidence--costs of collecting and analyzing data on 
subsidence (setting monuments to measure subsidence).
    (13) Mine planning--costs of developing mine permit application 
package (development of operating, blasting, air and water pollution 
control, fish and wildlife, and reclamation plans).
    (b) Mining--environmental mitigation required by law or proposed to 
be imposed by the authorized officer.
    (1) Surface water protection--costs of mitigating the impacts of 
mining on the quantity of surface water (purchasing relacement water and 
transporting it) and on the quality of surface water (construction 
sedimentation ponds, neutralization facilities, and diversion ditches).
    (2) Groundwater protection--costs of mitigating the impacts of 
mining on the quantity of groundwater (replacing diminished supplies or 
water rendered unfit for its prior use(s)) and on the quality of 
groundwater (treating pumped mine water, compensating for damage to 
water rights, sealing sedimentation ponds).
    (3) Air pollution control--costs of mitigating the impacts of mining 
on air quality (compliance with National Ambient Air Quality Standard 
and Protection from Significant Deterioration requirements using water 
and chemical sprays for dust control, installing and operating dust and 
other pollution collections).
    (4) Noise abatement--costs of mitigating the impacts of mining on 
noise levels in mining area (installing and maintaining noise mufflers 
on equipment and around the mine site).
    (5) Wildlife--costs of mitigating impacts to wildlife species 
identified as reasonably likely to occur and subject to proposed lease 
stipulations, and including costs of compliance with the Endangered 
Species Act and other laws, regulations, and treaties concerning 
wildlife protection.
    (6) Socio-economics--costs of implementing any mitigation measure 
the Bureau or any other government agency has imposed; and of mitigating 
impacts on surface owners and occupants, including relocation costs and 
costs of compensation for improvements, crops, or grazing values.

[[Page 580]]

    (7) Archaeology, history, and other cultural--costs of monitoring 
and inspection during mining to identify archaeological, historical, and 
other cultural resources, and costs of mitigating impacts to these 
resources identified as reasonably likely to occur and subject to 
proposed lease stipulations.
    (8) Paleontological--costs of monitoring and inspection during 
mining to identify paleontological resources and costs of mitigating 
impacts to these resources identified as reasonably likely to occur and 
subject to proposed lease stipulations.
    (9) Subsidence--costs of mitigating the impacts of subsidence 
identified as reasonably likely to occur and subject to proposed lease 
stipulations.
    (10) Monitoring--costs of purchasing and maintaining facilities, 
equipment, and personnel to accomplish monitoring required as a permit 
condition or lease stipulation, or by law or regulation.
    (c) Reclamation. (1) Topsoil removal and replacement--costs of 
reclaiming soil by stockpiling or continuous methods (removing and 
stockpiling and replacing topsoil, protecting the stockpile, if 
necessary, from erosion and compacting).
    (2) Subsoil removal and replacement--costs of reclaiming subsoil by 
stockpiling or continuous method (removing and stockpiling and replacing 
subsoil, protecting the stockpile, if necessary, from erosion and 
compacting).
    (3) Site restoration--costs of removing structures necessary to 
mining operations but not part of original land features (sedimentation 
ponds, roads, and buildings).
    (4) Grading--costs of grading soil banks to their approximate 
original contour before replacing topsoil and subsoil, if applicable, 
and revegetating the affected area.
    (5) Revegetation--costs of restoring vegetative cover to the 
affected area after grading and replacement of topsoil and subsoil, if 
applicable (liming, planting, irrigating, fertilizing, cultivating, and 
reworking, if first efforts are unsuccessful).
    (6) Bonds--costs of bonds required by Federal, State and local 
governments.
[52 FR 25799, July 8, 1987]



Sec. 3430.5  Determination of entitlement to lease.



Sec. 3430.5-1  Rejection of application.

    (a) The authorized officer shall reject the application if:
    (1) The applicant fails to show that coal exists in commercial 
quantities on the applied for lands; or
    (2) The applicant does not respond to a request for additional 
information within the time period specified in Sec. 3430.3-2 or 
Sec. 3430.4-2 of this title; or
    (3) The applicant otherwise failed to meet statutory or regulatory 
requirements; or
    (4) The applicant does not permit declassification of proprietary 
information within the time period specified in Sec. 3430.2-2(b) of this 
title.
    (b)(1) The authorized officer shall reject those portions of an 
otherwise acceptable application which were not available for 
prospecting when the underlying prospecting permit was issued because 
the lands were claimed, developed or withdrawn from coal leasing.
    (2) In any action under this subsection, the authorized officer 
shall reject all lands in each affected smallest legal subdivision or, 
if practicable, each affected 10 acre aliquot part of the subdivision.
    (c) The authorized officer may reject any preference right lease 
application that clearly cannot satisfy the commercial quantities test 
without preparing additional National Environmental Policy Act 
documentation and/or a cost estimate document as described in 
Secs. 3430.3-2, 3430.4-3 and 3430.4-4 of this title. The following 
procedures apply to rejecting these preference right lease applications:
    (1) When an applicant clearly fails to meet the commercial 
quantities test as provided in this part, the authorized officer may 
notify the applicant:
    (i) That its preference right lease application will be rejected;
    (ii) Of the reasons for the proposed rejection;
    (iii) That the applicant has 60 days in which to provide additional 
information as to why its preference right lease application should not 
be rejected; and

[[Page 581]]

    (iv) Of the type, quantity, and quality of additional information 
needed for reconsideration.
    (2) If, after the expiration of the 60-day period, the authorized 
officer has no basis on which to change his/her decision, the authorized 
officer shall reject the preference right lease application.
    (3) If the authorized officer reconsiders and changes the decision 
to reject the preference right lease application, he/she shall continue 
to adjudicate the preference right lease application in accordance with 
Secs. 3430.3-2, 3430.4-3, and 3430.4-4 of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982; 
52 FR 25800, July 8, 1987]



Sec. 3430.5-2  Appeals, lack of showing.

    (a) If the application is rejected because the existence of 
commercial quantities of coal has not been shown, the applicant may, in 
accordance with the procedures in part 4 of this title, file a notice of 
appeal and a statement of the reasons for the appeal.
    (b) The applicant shall have the right to a hearing before an 
Administrative Law Judge if the applicant alleges that the facts in the 
application are sufficient to show entitlement to a lease.
    (c) In such a hearing, the applicant shall bear both the burden of 
going forward and the burden of proof to show, by a preponderance of 
evidence, that commercial quantities of coal exist in the proposed lease 
area.



Sec. 3430.5-3  Determination to lease.

    A preference right lease shall be issued if, upon review of the 
application, any available land use plan and the environmental 
assessment or environmental impact statement, the authorized officer 
determines that:
    (a) Coal has been discovered in commercial quantities on the lands 
applied for;
    (b) The applicant has used reasonable economic assumptions and data 
to support the showing that coal has been found on the proposed lease in 
commercial quantities; and
    (c) The conditions or protective lease stipulations assure that 
environmental damage can be avoided or acceptably mitigated.
[47 FR 33143, July 30, 1982]



Sec. 3430.5-4  Lease exchange.

    (a) Upon the the request of the applicant, the Secretary may 
initiate lease exchange procedures under subpart 3435 of this title if 
the lands under application have been shown to contain coal in 
commercial quantities.
    (b) Upon the request of the authorized officer, or at the request of 
the regional coal team or the Governor of the affected State(s), the 
Secretary may initiate lease exchange procedures under subpart 3435 of 
this title if:
    (1) The lands under application have been shown to contain 
commercial quantities of coal;
    (2) All or a portion of the proposed lease has been assessed as 
lands which should be unavailable for coal development because of land 
use or resource conflicts or as lands which are unsuitable for coal 
mining under the provisions of subpart 3461 of this title; and
    (3) The lands are exempted from the application of any relevant 
unsuitability criteria or the Secretary lacks the authority to prevent 
damage to or loss of the land use or resource values threatened by lease 
operations.
[47 FR 33143, July 30, 1982, as amended at 48 FR 37656, Aug. 19, 1983]



Sec. 3430.6  Lease issuance.



Sec. 3430.6-1  Lease terms.

    Each preference right lease shall be subject to the terms provided 
for Federal coal leases established in part 3470 of this title.
[47 FR 33144, July 30, 1982]



Sec. 3430.6-2  Bonding.

    The lease bond for a preference right lease shall be set in 
accordance with subpart 3474 of this title.



Sec. 3430.6-3  Duration of leases.

    Preference right leases shall be issued for a term of 20 years and 
for so long thereafter as coal is produced in commercial quantities as 
defined in Sec. 3483.1 of this title. Each lease shall be subject to 
readjustment at the end of the first 20-year period and at the end

[[Page 582]]

of each period of 10 years thereafter in accordance with subpart 3451 of 
this title.
[44 FR 42628, July 19, 1979. Redesignated and amended at 47 FR 33144, 
July 30, 1982; 50 FR 8627, Mar. 4, 1985]



Sec. 3430.7  Trespass.

    Mining operations conducted prior to the effective date of a lease 
shall constitute an act of trespass and be subject to penalties 
specified by Sec. 9239.5 of this title.



              Subpart 3431--Negotiated Sales: Rights-of-Way



Sec. 3431.0-1  Purpose.

    The purpose of this subpart is to provide procedures for the sale of 
coal that is necessarily removed in the exercise of a right-of-way 
issued under Title V of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1761 et seq.).



Sec. 3431.0-3  Authority.

    (a) The regulations of this subpart are issued under the authority 
of the statutes cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 2(a)(1) of the 
Mineral Leasing Act of 1920, as amended by section 2 of the Act of 
October 30, 1978 (30 U.S.C. 201(a)(1)).



Sec. 3431.1  Qualified purchaser.

    Any person who has acquired or applied for a right-of-way under 
Title V of the Federal Land Policy and Management Act of 1976 which 
requires the removal of coal deposits as a necessary incident to 
development, construction or use of the right-of-way is qualified to 
purchase the coal to be removed.



Sec. 3431.2  Terms and conditions of sale.

    (a) Coal to be removed in connection with a right-of-way shall be 
sold to the qualified purchaser only at the estimated fair market value, 
as determined by the Secretary.
    (b) Where the right-of-way is being used in connection with the 
development of a lease, the removal of coal from the right-of-way shall 
be subject to the same requirements for health and safety protection, 
surface protection and rehabilitation that apply to the lease involved, 
and provisions for adequate recovery and conservation of the coal 
deposit.
    (c) Where the right-of-way is not being used in the develoment of a 
Federal coal lease, the removal of the coal shall be made subject to the 
Surface Mining Control and Reclamation Act of 1977, and subject to such 
terms and conditions as the authorized officer of the surface management 
agency determines are necessary: (1) To protect public health, safety, 
and the environment; and (2) to ensure adequate recovery and 
conservation of the coal deposits in the right-of-way.
    (d) All terms and conditions of the sale shall be terms and 
conditions of the right-of-way and shall be administered under the 
provisions of Group 2800 of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



                    Subpart 3432--Lease Modifications



Sec. 3432.0-3  Authority.

    (a) The regulations of this subpart are issued under the authority 
of the statutes cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 3 of the Mineral 
Leasing Act of 1920, as amended by section 13 of the Federal Coal 
Leasing Amendments Act of 1976 (30 U.S.C. 203).



Sec. 3432.1  Application.

    (a) A lessee may apply for a modification of a lease to include coal 
lands or coal deposits contiguous to those embraced in a lease. In no 
event shall the acreage in the application, when combined with the total 
area added by all modifications made after August 4, 1976, exceed 160 
acres or the number of acres in the original lease, whichever is less.
    (b) The lessee shall file the application for modification in the 
Bureau of Land Management State Office having jurisdiction over the 
lands involved (43 CFR subpart 1821), describing the additional lands 
desired, the lessee's needs or reasons for such modification, and the 
reasons why the modification

[[Page 583]]

would be to the advantage of the United States.
[44 FR 42628, July 19, 1979, as amended at 44 FR 56340, Oct. 1, 1979]



Sec. 3432.2  Availability.

    (a) The authorized officer may modify the lease to include all or 
part of the lands applied for if he determines that: (1) The 
modification serves the interests of the United States; (2) there is no 
competitive interest in the lands or deposits; and (3) the additional 
lands or deposits cannot be developed as part of another potential or 
existing independent operation.
    (b) Coal deposits underlying land the surface of which is held by a 
qualified surface owner, and which would be mined by other than 
underground mining techniques, may not be added to a lease by 
modification.
    (c) The lands applied for shall be added to the existing lease 
without competitive bidding, but the United States shall receive the 
fair market value of the lease of the added lands, either by cash 
payment or adjustment of the royalty applicable to the lands added to 
the lease by the modification.



Sec. 3432.3  Terms and conditions.

    (a) The terms and conditions of the original lease shall be made 
consistent with the laws, regulations, and lease terms applicable at the 
time of modification except that if the original lease was issued prior 
to August 4, 1976, the minimum royalty provisions of section 6 of the 
Federal Coal Leasing Amendments Act of 1976 (30 U.S.C. 207; 43 CFR 
3473.3-2) shall not apply to any lands covered by the lease prior to its 
modification until the lease is readjusted.
    (b) Before a lease is modified, the lessee shall file a written 
acceptance of the conditions imposed in the modified lease and a written 
consent of the surety under the bond covering the original lease to the 
modification of the lease and to extension of the bond to cover the 
additional land.
    (c) A lease modification shall not be made until the authorized 
officer has complied with the procedures and standards set out in 
Sec. 3425.3 of this title.



                      Subpart 3435--Lease Exchange



Sec. 3435.0-1  Purpose.

    The objective of these regulations is to provide methods for 
exchange of coal resources when it would be in the public interest to 
shift the impact of mineral operations from leased lands or portions of 
leased lands to currently unleased lands to preserve public resource or 
social values, and to carry out Congressional directives authorizing 
coal lease exchanges.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement:
    (1) Section 3 of the Mineral Leasing Act of 1920, as amended (30 
U.S.C. 203);
    (2) Section 510(b)(5) of the Surface Mining Control and Reclamation 
Act (30 U.S.C. 1260(b)(5));
    (3) Section 1 of the Act of October 30, 1978 (92 Stat. 2073);
    (4) Section 1 of the Act of October 19, 1980 (94 Stat. 2269); and
    (5) Section 4 of the Rattlesnake National Recreation Area and 
Wilderness Act of 1980 (94 Stat. 2272).
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.1  Coal lease exchanges.

    Where the Secretary determines that coal exploration, development 
and mining operations would not be in the public interest on an existing 
lease or preference right lease application or portions thereof, or 
where the Congress has authorized lease exchange for a class or list of 
leases, an existing lease or preference right lease application may be 
relinquished in exchange for:
    (a) Leases where the Congress has specifically authorized the 
issuance of a new coal lease;
    (b) The issuance of coal lease bidding rights of equal value;
    (c) A lease for a mineral listed in subpart 3526 of this title by 
mutual agreement between the applicant and the Secretary; and

[[Page 584]]

    (d) Federal coal lease modifications; or
    (e) Any combination of the above.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.2  Qualified exchange proponents: Limitations.

    (a) Any person who holds a Federal coal lease, or a preference right 
lease application that has been found to meet the commercial quantities 
requirements of Secs. 3430.1 and 3430.5 of this title on lands described 
in Sec. 3435.1 of this title is qualified to ask the Secretary to 
initiate an exchange.
    (b) Except for leases qualified under subpart 3436 of this title, 
the Secretary may issue a new coal lease in exchange for the 
relinquishment of outstanding leases or lease applications only in those 
cases where the Congress has specifically authorized such exchanges.
    (c) The Secretary shall evaluate each qualified exchange request and 
determine whether an exchange is in the public interest.
    (d) Any modification of a coal lease in an exchange under this 
subpart shall be subject to the limitations in Secs. 3432.1(a), 
3432.2(b) and 3432.3(a) of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.3  Exchange procedures.



Sec. 3435.3-1  Exchange notice.

    (a) The Secretary shall initiate exchange procedures by notifying in 
writing a Federal coal lessee or preference right lease applicant that 
consideration of an exchange of mineral leases or other coal lease 
interests is appropriate. The notification may be on the Secretary's 
initiative or in response to a request under Sec. 3435.2 of this title.
    (b) The exchange notice shall also be provided to the Governor of 
the affected State(s) concurrent with notice to the lessee or preference 
right lease applicant stating why the Secretary believes an exchange may 
be in the public interest.
    (c) The exchange notice shall contain a description of the leased 
lands or lands under preference right lease application being considered 
for exchange. These lands may include all or part of an existing lease 
or preference right lease application.
    (d) The exchange notice may contain a description of the lands for 
which the Secretary would grant an exchange lease or lease interest. If 
a coal lease modification would be granted by exchange, the lands shall 
be selected from those lands found acceptable for further consideration 
for coal leasing under Sec. 3420.1 of this title; and
    (e) The notice shall contain a request that the lessee or preference 
right lease applicant indicate whether he is willing to negotiate an 
exchange.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982; 
48 FR 37656, Aug. 19, 1983]



Sec. 3435.3-2  Initial response by lessee or lease applicant.

    (a) The lessee or preference right lease applicant wishing to 
negotiate an exchange shall so reply in writing. The reply may include a 
description of the lands on which the lessee or lease applicant would 
accept an exchange lease or coal lease modification.
    (b) A reply to the exchange notice by a lessee or preference right 
lease applicant indicating willingness to enter into an exchange shall 
also indicate willingness to provide the geologic and economic data 
needed by the Secretary to determine the fair market value of the lease 
or lease application to be relinquished. The lessee or preference right 
lease applicant shall also indicate willingness to provide any geologic 
and economic data in his possession that will help the Secretary to 
determine the fair market value of the potential Federal lease exchange 
tract or tracts.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.3-3  Agreement to terms.

    (a) If both parties wish to proceed with the exchange, the 
authorized officer and the lessee or preference right lease applicant 
shall negotiate an exchange consistent with Sec. 3435.1 of this title. 
The authorized officer shall consult with the regional coal team prior 
to initiation of such negotiations and shall consult again prior to 
finalization of the negotiated exchange.

[[Page 585]]

    (b) Land proposed for lease in exchange for, or for inclusion in, an 
existing lease or preference right lease application shall be subject to 
leasing under Group 3400 or 3500 of this title as appropriate, and any 
coal lands shall have been found to be acceptable for further 
consideration for leasing under Sec. 3420.1 of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982; 
48 FR 37656, Aug. 19, 1983]



Sec. 3435.3-4  Determination of value.

    The value of the land to be leased, or added by lease modification, 
or of the bidding rights to be issued in exchange shall, to the 
satisfaction of the lessee or lease applicant and the Secretary, be 
equal to the estimated fair market value of the lease or lease 
application to be relinquished.



Sec. 3435.3-5  Notice of public hearing.

    After the lessee or lease applicant and the Secretary agree on an 
exchange proposal, notice of the exchange proposal shall be published in 
the Federal Register and in at least 1 newspaper of general circulation 
in each county or equivalent political subdivision where both the 
offered and selected lands are located. The notice shall announce that, 
upon request, at least 1 public hearing shall be held in a city or 
cities located near each tract involved. The notice shall also contain 
the Secretary's preliminary findings why the proposed exchange is in the 
public interest. Any notice of the availability of a draft environmental 
assessment or environmental impact statement on the exchange may be used 
to comply with this section.
[47 FR 33144, July 30, 1982]



Sec. 3435.3-6  Consultation with Governor.

    (a) The Secretary shall notify the Governor of each state in which 
lands in the proposed exchange are located of the terms of the exchange 
and the Secretary's preliminary findings why the exchange is in the 
public interest. The Secretary shall give each Governor 45 days to 
comment on the proposal prior to consummating the exchange.
    (b) If, within the 45 day period, the Governor(s), in writing, 
objects to an exchange that involves leases or lease rights in more than 
one state, the Secretary will not consummate the exchange for 6 months 
from the date of objection. The Governor(s) may during this 6-month 
period submit a written statement why the exchange should not be 
consummated, and the Secretary shall, on the basis of this statement, 
reconsider the lease proposal.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]



Sec. 3435.3-7  Consultation with the Attorney General.

    In any exchange which, if consummated, shall result in the issuance 
of a Federal coal lease, the Secretary, after issuing an exchange notice 
under Sec. 3435.3-1 of this title and before issuance of a written 
decision under Sec. 3435.4 of this title.
    (a) Shall require the lessee or lease applicant to submit the 
information in Sec. 3422.3-4 of this title; and
    (b) If the Attorney General, within 30 days, objects to lease 
issuance, shall not issue the exchange lease except after complying with 
the provisions of Sec. 3422.3-4(f)(2) of this title.



Sec. 3435.4  Issuance of lease, lease modification or bidding rights.

    (a) If, after any public hearing(s), the Secretary by written 
decision concludes that an exchange is in the public interest, the 
Secretary shall transmit to the lessee or preference right lease 
applicant:
    (1) A statement of the Secretary's findings that lease issuance is 
in the public interest;
    (2) Either (i) copies of the coal or other mineral exchange lease or 
coal lease modification containing the terms, conditions and special 
stipulations under which the lease or coal lease modification is to be 
granted, or (ii) a statement describing the terms and conditions of the 
coal lease bidding rights to be granted in exchange; and
    (3) A statement for execution by the lessee or preference right 
lease applicant relinquishing all right or interest in the lease or 
preference right lease application, or portion thereof, to be exchanged.
    (b) The exchange lease, lease modification or coal lease bidding 
rights

[[Page 586]]

shall be issued upon relinquishment of the lease, preference right lease 
application, or portion thereof.
    (c) The exchange lease or lease modification shall be subject to all 
relevant provisions of Group 3400 or 3500 of this title and 30 CFR 
Chapter VII, Subchapter D as appropriate.
[47 FR 33144, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]



Subpart 3436--Coal Lease and Coal Land Exchanges: Alluvial Valley Floors

    Source:  47 FR 33145, July 30, 1982, unless otherwise noted.



Sec. 3436.0-1  Purpose.

    The purpose of this subpart is to establish criteria and procedures 
for the exchange of coal leases and for the exchange of fee held coal 
for unleased federally-owned coal in cases where surface coal mining 
operations on the lands that are covered by an existing coal lease or 
that are fee held would interrupt, discontinue or preclude farming on 
alluvial valley floors west of the 100th Meridian, west longitude, or 
materially damage the quantity or quality of water in surface or 
underground systems that supply those alluvial valley floors.



Sec. 3436.0-2  Objective.

    (a) The objective of this subpart is to provide relief to persons 
holding leases for Federal coal deposits or fee title to coal deposits 
which underlie or are near alluvial valley floors and which cannot be 
mined through surface mining operations under section 510(b)(5) of the 
Surface Mining Control and Reclamation Act, through the exchange of 
lands, or interests therein, pursuant to the authority granted by the 
statutory provision.
    (b) The Secretary shall exercise the authority to dispose of Federal 
coal deposits by lease to meet this objective when he/she determines 
that the exchange would serve the public interest. In determining 
whether such an exchange will serve the public interest, the Secretary 
will consider a wide variety of factors, including better Federal land 
management and the needs of State and local people, including needs for 
lands for the economy, community expansion, recreation areas, food, 
fiber, minerals and fish and wildlife. Unless consideration of the above 
factors would show otherwise, it will be assumed that an exchange will 
serve the public interest if substantial financial and legal commitments 
have been made toward development of the offered coal resource.



Sec. 3436.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 510(b)(5) of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1260(b)(5)).



Sec. 3436.0-5  Definitions.

    As used in this subpart, the term substantial financial and legal 
commitments is a relative one, and the determination whether such 
commitments have been made, so as to qualify a person for an exchange 
under this subpart, will be made on a case-by-case basis. In making this 
determination, the Secretary will consider the level of expenditures 
made prior to January 1, 1977, that are related to development of the 
coal resource which is offered in exchange, taken together with the 
damages for which the person would be liable as a result of any legal 
commitments made prior to January 1, 1977, in connection with 
development of said coal resource, and the Secretary will compare that 
level of expenditure to the estimated total cost of developing the coal 
resource to the point of establishing a producing surface coal mining 
operation.



Sec. 3436.1  Coal lease exchanges.



Sec. 3436.1-1  Qualified lease proponents.

    (a) Coal lease exchanges under this program shall be available only 
to persons who:
    (1) Hold a Federal coal lease or preference right lease application 
covering lands that include or are near an alluvial valley floor located 
west of the 100th Meridian, west longitude, where

[[Page 587]]

surface coal mining operations are prohibited by section 510(b)(5) of 
the Surface Mining Control and Reclamation Act because such operations 
would interrupt farming or materially damage the quantity and quality of 
the water in surface or underground water systems that would supply the 
alluvial valley floor;
    (2) Have made substantial financial and legal commitments prior to 
January 1, 1977, in connection with the lease or preference right lease 
application; and
    (3) Are not entitled to continue any existing surface coal mining 
operations pursuant to the first proviso of section 510(b)(5) of the 
Surface Mining Control and Reclamation Act.
    (b) Persons seeking an exchange bear the burden of establishing that 
they are qualified pursuant to paragraph (a) of this section. The 
Secretary shall accept a determination made pursuant to 30 CFR 785.19(c) 
as conclusive evidence of the existence of an alluvial valley floor.



Sec. 3436.1-2  Federal coal deposits subject to lease by exchange.

    The lease offered by the Secretary in exchange for existing coal 
leases shall be for Federal coal deposits determined to be acceptable 
for further consideration for coal leasing pursuant to Sec. 3420.1-5 or 
Sec. 3420.2-3 of this title.
    (a) Any person meeting the requirements of Sec. 3436.1-1(a) of this 
title may apply for a lease exchange. No special form of application is 
required.
    (b) The Secretary shall evaluate each exchange request to determine 
whether the proponent is qualified and whether the exchange serves the 
public interest. The exchange shall be processed in accordance with the 
procedures in subpart 3435 of this title for other lease and lease 
interest exchanges.
    (c) After the Secretary and the exchange proponent have agreed to 
terms pursuant to Sec. 3435.3-3 of this title, the Secretary may elect 
to consider the exchange proposal in conjunction with the activity 
planning process for the coal production region in which the lands 
proposed to be leased are located pursuant to Sec. 3420.3 of this title. 
If the Secretary elects to process the exchange proposal in this manner, 
the tracts identified for use in the lease exchange shall be:
    (1) Delineated for analysis pursuant to Sec. 3420.3-3 of this title;
    (2) Ranked as having high desirability pursuant to Sec. 3420.3-4(a) 
of this title; and
    (3) Selected for inclusion for analysis purposes in alternative 
proposed lease sale schedules pursuant to Sec. 3420.3-4(c) of this 
title. Such tracts shall then be the subject of environmental analysis, 
public comment and consultation pursuant to Secs. 3420.3 and 3420.4 of 
this title.
    (d) If the Secretary elects to process the exchange proposal 
independently of the activity planning process, the Secretary shall 
consider the environmental and resource information acquired during the 
land use planning process and found in the most recent regional 
environmental impact statement completed under the Federal coal 
management program. An environmental assessment or environmental impact 
statement shall be prepared on the proposed exchange prior to the public 
hearings and consultation required by Secs. 3435.3-5 through 3435.3-7 of 
this title.
    (e) In determining under Sec. 3435.3-4 of this title the estimated 
value of the lease or preference right lease application to be 
relinquished, the Secretary shall proceed as though there were no 
prohibitions on surface mining operations on the lands covered by the 
lease or preference right lease application.
    (f) The exchange proponent shall bear all administrative costs of 
the exchange, including the cost of establishing the value of each lease 
involved in the exchange, if the exchange is completed.
[47 FR 33145, July 30, 1982, as amended at 50 FR 42023, Oct. 17, 1985]



Sec. 3436.2  Fee coal exchanges.



Sec. 3436.2-1  Qualified exchange proponents.

    (a) Fee coal exchanges under this program shall only be available to 
persons who:
    (1) Own coal west of the 100th Meridan, west longitude, underlying 
or

[[Page 588]]

near an alluvial valley floor where surface coal mining operations are 
prohibited by section 510(b)(5) of the Surface Mining Control and 
Reclamation Act because such operations would interrupt farming or 
materially damage the quantity and quality of the water in surface or 
underground water systems that would supply the alluvial valley floor; 
and
    (2) Are not entitled to continue any existing surface coal mining 
operation pursuant to the first proviso to section 510(b)(5) of the 
Surface Mining Control and Reclamation Act.
    (b) Exchange proponents bear the burden of establishing their 
qualifications pursuant to paragraph (a) of this section. The Secretary 
shall accept a determination made pursuant to 30 CFR 785.19(c) as 
conclusive evidence of the existence of an alluvial valley floor.



Sec. 3436.2-2  Federal coal deposits subject to disposal by exchange.

    The coal deposits offered in exchange by the Secretary shall be 
determined to be acceptable for further consideration for coal leasing 
pursuant to Sec. 3420.1 of this title and shall be in the same State as 
the coal deposit offered in exchange by the proponent.



Sec. 3436.2-3  Exchange procedures.

    (a) Any person meeting the requirements of Sec. 3436.2-1(a) of this 
title may apply for an exchange. No special form of application is 
required. Any exchange proposal should be directed to the District 
Manager for the Bureau of Land Management district in which the Federal 
coal deposits are located.
    (b) The Secretary shall evaluate each exchange request to determine 
whether the proponent is qualified.
    (c) After the authorized officer and the owner of the coal deposit 
underlying an alluvial valley floor identify Federal coal deposits that 
are suitable for consideration for disposition through exchange, the 
exchange shall be processed in accordance with part 2200 of this title, 
except as provided in this section.
    (d) The Secretary may consolidate the environmental analysis for the 
proposed exchange with the regional environmental impact statement 
prepared on alternative leasing schedules for the coal production region 
in which the Federal coal deposits are located pursuant to Sec. 3420.3-4 
of this title. If the environmental analysis is not so consolidated, the 
Secretary shall consider environmental and other resource information 
obtained during the land use planning process or at other stages of the 
coal management program in preparing an appropriate environmental 
analysis or environmental impact statement on the proposed exchange.
    (e) Exchanges shall be made on an equal value basis, provided that 
values of the lands exchanged may be equalized by the payment of money 
to the grantor or the Secretary so long as the payment does not exceed 
25 percent of the total value of the lands or interests transferred out 
of Federal ownership. In determining the value of the coal deposit 
underlying or near an alluvial valley floor, the Secretary shall proceed 
as though there were no prohibition on surface coal mining operations on 
the property.
[47 FR 33145, July 30, 1982, as amended at 50 FR 42023, Oct. 17, 1985]



PART 3440--LICENSES TO MINE--Table of Contents




                     Subpart 3440--Licenses to Mine

Sec.
3440.0-3   Authority.
3440.1  Terms.
3440.1-1  Forms.
3440.1-2  Qualifications.
3440.1-3  Limitations on coal use.
3440.1-4  Area and duration of license.
3440.1-5  Compliance with Surface Mining Control and Reclamation Act.
3440.1-6  Cancellation or forfeiture.

    Authority:  30 U.S.C. 181 et seq.

    Source:  44 FR 42634, July 19, 1979, unless otherwise noted.



                     Subpart 3440--Licenses to Mine



Sec. 3440.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
cited in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement section 8 of the Mineral 
Leasing Act of 1920, as amended (30 U.S.C. 208).

[[Page 589]]



Sec. 3440.1  Terms.



Sec. 3440.1-1  Forms.

    (a) Four copies of the application for a license to mine coal for 
domestic needs or for a renewal of such a license shall be filed on a 
form approved by the Director, or a substantial equivalent of the form, 
in the Bureau of Land Management State Office having jurisdiction over 
the lands involved (43 CFR subpart 1821).
    (b) The original application or any renewal application shall be 
accompanied by the fee prescribed in subpart 3473 of this title, except 
when the application is filed by a relief agency.



Sec. 3440.1-2  Qualifications.

    (a) An individual, association or individuals, municipality, 
charitable organization or relief agency may hold a license to mine. A 
municipality shall file the information required under Sec. 3472.2-5(b) 
of this title.
    (b) A license to mine shall not be issued to a private corporation.
    (c) A license to mine shall not be issued to a minor, but may be 
issued to a legal guardian on behalf of a minor.



Sec. 3440.1-3  Limitations on coal use.

    (a) A license to mine may be issued to a municipality for the 
nonprofit mining and disposal of coal to its residents for household use 
only. Under such a license, a municipality may not mine coal either for 
its own use or for nonhousehold use such as for factories, stores, other 
business establishments and heating and lighting plants.
    (b) Coal extracted under a license to mine shall not be disposed of 
for profit.



Sec. 3440.1-4  Area and duration of license.

    (a) A license to mine for an individual or association in the 
absence of unusual conditions or necessity, shall be limited to a legal 
subdivision of 40 acres or less and may be revoked at any time. Each 
license to mine shall terminate at the end of 2 years from the date of 
issuance, unless an application for a 2 year renewal is filed and 
approved before its termination date.
    (b) A license to mine to a municipality may not exceed 320 acres for 
a municipality of less than 100,000 population, 1,280 acres for a 
municipality between 100,000 and 150,000 population, and 2,560 acres for 
a municipality of 150,000 population or more. A license to mine to a 
municipality shall terminate at the end of 4 years from the date of 
issuance, unless an application for a 4 year renewal is filed and 
approved before the termination date.
    (c) (1) The authorized officer may authorize a recognized and 
established relief agency of any state upon the agency's request, to 
take government-owned coal deposits within the state and provide the 
coal to localities where it is needed to supply families on the rolls of 
such agency who require coal for household use but are unable to pay for 
that coal.
    (2) Tracts shall be selected in areas assessed as acceptable for 
mining operations and at points convenient to supply the families in a 
locality. Each family shall be restricted to the amount of coal actually 
needed for its use, not to exceed 20 tons annually.
    (3) Coal shall be taken from such tracts only by those with written 
authority from the relief agency. All mining shall be done pursuant to 
such authorization.
[44 FR 42634, July 19, 1979, as amended at 47 FR 33146, July 30, 1982]



Sec. 3440.1-5  Compliance with Surface Mining Control and Reclamation Act.

    Mining on a license to mine shall not commence without a permit 
issued by the Surface Mining Officer unless the operation is exempt from 
the permit requirements under 30 CFR 700.11.
[44 FR 42634, July 19, 1979. Redesignated and amended at 47 FR 33146, 
July 30, 1982]



Sec. 3440.1-6  Cancellation or forfeiture.

    Any license to mine may be canceled or forfeited for violation of 
the Act under which the license to mine was issued, applicable Federal 
laws and regulations, or the terms and conditions of the license to 
mine.
[47 FR 33146, July 30, 1982]

[[Page 590]]



PART 3450--MANAGEMENT OF EXISTING LEASES--Table of Contents




       Subpart 3451--Continuation of Leases: Readjustment of Terms

Sec.
3451.1  Readjustment of lease terms.
3451.2  Notification of readjusted lease terms.

       Subpart 3452--Relinquishment, Cancellation, and Termination

3452.1  Relinquishment.
3452.1-1  General.
3452.1-2  Where filed.
3452.1-3  Acceptance.
3452.2  Cancellation.
3452.2-1  Cause for cancellation.
3452.2-2  Cancellation procedure.
3452.3   Termination.

      Subpart 3453--Transfers by Assignment, Sublease or Otherwise

3453.1  Qualifications.
3453.2  Requirements.
3453.2-1  Application.
3453.2-2  Forms and statements.
3453.2-3  Filing location and fee.
3453.2-4  Bonds.
3453.2-5  Effect of partial assignment.
3453.3  Approval.
3453.3-1  Conditions for approval.
3453.3-2  Disapproval of transfers.
3453.3-3  Effective date.
3453.3-4  Extensions.

    Authority:  30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C. 521-
531; 30 U.S.C. 1201 et seq.; and 43 U.S.C. 1701 et seq.

    Source:  44 FR 42635, July 19, 1979, unless otherwise noted.



       Subpart 3451--Continuation of Leases: Readjustment of Terms



Sec. 3451.1  Readjustment of lease terms.

    (a) (1) All leases issued prior to August 4, 1976, shall be subject 
to readjustment at the end of the current 20-year period and at the end 
of each 10-year period thereafter. All leases issued after August 4, 
1976, shall be subject to readjustment at the end of the first 20-year 
period and, if the lease is extended, each 10-year period thereafter.
    (2) Any lease subject to readjustment which contains a royalty rate 
less than the minimum royalty prescribed in Sec. 3473.3-2 of this title 
shall be readjusted to conform to the minimum prescribed in that 
section.
    (b) If the lease became subject to readjustment of terms and 
conditions before August 4, 1976, but the authorized officer prior to 
that date neither readjusted the terms and conditions nor informed the 
lessee whether or not a readjustment would be made, the terms and 
conditions of that lease shall not be readjusted retroactively to 
conform to the requirements of the Federal Coal Leasing Amendments Act 
of 1976.
    (c)(1) The authorized officer shall, prior to the expiration of the 
current or initial 20-year period or any succeeding 10-year period 
thereafter, notify the lessee of any lease which becomes subject to 
readjustment after June 1, 1980, whether any readjustment of terms and 
conditions will be made prior to the expiration of the initial 20-year 
period or any succeeding 10-year period thereafter. On such a lease the 
failure to so notify the lessee shall mean that the United States is 
waiving its right to readjust the lease for the readjustment period in 
question.
    (2) In any notification that a lease will be readjusted under this 
subsection, the authorized officer will prescribe when the decision 
transmitting the readjusted lease terms will be sent to the lessee. The 
time for transmitting the information will be as soon as possible after 
the notice that the lease shall be readjusted, but will not be longer 
than 2 years after such notice. Failure to send the decision 
transmitting the readjusted lease terms in the specified period shall 
constitute a waiver of the right to readjust, unless the delay is caused 
by events beyond the control of the Department.
    (d) In the notification that the lease will be readjusted, the 
authorized officer may require the lessee to furnish information 
specified in Sec. 3422.3-4 of this title for review by the Attorney 
General as required by section 27(1) of the Mineral Leasing Act of 1920, 
as amended. If the authorized officer requests the information 
specified, no lease readjustment shall be effective until 30 days after 
the authorized officer has transmitted the required information to the 
Attorney General. The lease shall be subject to cancellation if

[[Page 591]]

the lessee fails to furnish the required information within the time 
allowed.
    (e) The Governor of the affected State will be sent a copy of the 
readjusted lease terms.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33146, July 30, 1982; 
48 FR 37656, Aug. 19, 1983; 53 FR 37300, Sept. 26, 1988]



Sec. 3451.2  Notification of readjusted lease terms.

    (a) If the notification that the lease will be readjusted did not 
contain the readjusted lease terms, the authorized officer will, within 
the time specified in the notice that the lease shall be readjusted, 
notify the lessee by decision of the readjusted lease terms.
    (b) The decision transmitting the readjusted lease terms and 
conditions to the lessee(s) of record shall constitute the final action 
of the Bureau of Land Management on all the provisions contained in a 
readjusted lease and will be provided to the lessee(s) of record prior 
to the anniversary date. The effective date of the readjusted lease 
shall not be affected by the filing of any appeal of, or a civil suit 
regarding, any of the readjusted terms and conditions.
    (c) The readjusted lease terms and conditions shall become effective 
on the anniversary date;
    (d) The lessee may appeal the decision of the authorized officer in 
accordance with the procedure set out in 43 CFR part 4; and
    (e) Regardless of whether an appeal is filed by the lessee(s), all 
of the readjusted lease terms and conditions, including, but not limited 
to, the reporting and payment of rental and royalty, shall be effective 
on the anniversary date.
[47 FR 33146, July 30, 1982, and 53 FR 37300, Sept. 26, 1988]



       Subpart 3452--Relinquishment, Cancellation, and Termination



Sec. 3452.1  Relinquishment.



Sec. 3452.1-1  General.

    The lessee may surrender the entire lease, a legal subdivision 
thereof, an aliquot part thereof (not less than 10 acres) or any bed of 
the coal deposit therein. A partial relinquishment shall describe 
clearly the surrendered parcel or coal deposits and give the exact 
acreage relinquished. If the authorized officer accepts the 
relinquishment of any coal deposits in a lease, the coal reserves shall 
be adjusted in accordance with part 3480 of this title.
[47 FR 33147, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]



Sec. 3452.1-2  Where filed.

    A relinquishment shall be filed in triplicate by the lessee in the 
Bureau of Land Management State Office having jurisdiction over the 
lands involved (43 CFR subpart 1821).



Sec. 3452.1-3  Acceptance.

    The effective date of the lease relinquishment shall, upon approval 
by an authorized officer, be the date on which the lessee filed the 
lease relinquishment. No relinquishment shall be approved until the 
authorized officer determines that the relinquishment will not impair 
the public interest, that the accrued rentals and royalties have been 
paid and that all the obligations of the lessee under the regulations 
and terms of the lease have been met.
[47 FR 33147, July 30, 1982]



Sec. 3452.2  Cancellation.



Sec. 3452.2-1  Cause for cancellation.

    (a) The authorized officer, after compliance with Sec. 3452.2-2 of 
this title, may take the appropriate steps to institute proceedings in a 
court of competent jurisdiction for the cancellation of the lease if the 
lessee: (1) Fails to comply with the provisions of the Mineral Leasing 
Act of 1920, as amended; (2) fails to comply with any applicable general 
regulations; or (3) defaults in the performance of any of the terms, 
covenants, and stipulations of the lease.
    (b) Any lease issued before August 4, 1976, on which the lessee does 
not meet the diligent development requirements or any lease whenever 
issued on which the lessee does not meet the continued operation 
requirements shall be subject to cancellation in whole or in part. In

[[Page 592]]

deciding whether to initiate lease cancellation proceedings under this 
subsection, the Secretary shall not consider adverse circumstances which 
arise out of (1) normally foreseeable costs of compliance with 
requirements for environmental protection; (2) commonly experienced 
delays in delivery of supplies or equipment; or (3) inability to obtain 
sufficient sales.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]



Sec. 3452.2-2  Cancellation procedure.

    The lessee shall be given notice of any default, breach or cause of 
forefeiture and be afforded 30 days to correct the default, to request 
an extension of time in which to correct the default, or to submit 
evidence showing why the lease should not be cancelled. The Governor of 
the affected State(s) shall be given reasonable notice of action taken 
by the Department of the Interior to initiate cancellation of the lease.
[44 FR 42635, July 19, 1979, as amended at 48 FR 37656, Aug. 19, 1983]



Sec. 3452.3  Termination.

    (a) Any lease issued or readjusted after August 4, 1976, shall be 
terminated if the lessee does not meet the diligent development 
requirements.
    (b) Should a lease be relinquished, cancelled or terminated for any 
reason, all deferred bonus payments shall be immediately payable and all 
rentals and royalties, including advance royalties, already paid or due, 
shall be forfeited to the United States.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]



      Subpart 3453--Transfers by Assignment, Sublease or Otherwise



Sec. 3453.1  Qualifications.

    (a) Leases may be transferred in whole or in part to any person, 
association or corporation qualified under subpart 3472 of this title to 
hold such leases, except as provided by Sec. 3420.1-4(b) (1)(iv) and 
(2)(ii) of this title.
    (b) Preference right lease applications may be transferred as a 
whole only to a person, association or corporation qualified under 
subpart 3472 of this title to hold a lease.
    (c) Exploration licenses may be transferred in whole or in part 
subject to Sec. 3453.3(b) of this title.
[47 FR 33147, July 30, 1982]



Sec. 3453.2  Requirements.



Sec. 3453.2-1  Application.

    Applications for approval of any transfer of a lease, preference 
right lease application or exploration license or any interest in a 
lease or license, whether by direct assignment, working agreement, 
transfer of royalty interest, sublease, or otherwise, shall be filed 
within 90 days from final execution.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]



Sec. 3453.2-2  Forms and statements.

    (a) Transfers of any record title interest shall be filed in 
triplicate and shall be accompanied by a request for approval from the 
transferee.
    (b) No specific form need be used for requests for approval of 
transfers. The request for approval shall contain evidence of the 
transferee's qualifications, including a statement of Federal coal lease 
acreage holdings. This evidence shall consist of the same showing of 
qualifications required of a lease applicant by subpart 3472 of this 
title. A single signed copy of the qualifications statement is 
sufficient.
    (c) A separate instrument of transfer shall be filed for each lease 
when transfers involve record titles. When transfers to the same person, 
association, or corporation involving more than one lease are filed at 
the same time, one request for approval and one showing as to the 
qualifications of the transferee shall be sufficient.
    (d) A single signed copy of all other instruments of transfer is 
sufficient, except that collateral assignments and other security or 
mortgage documents shall not be accepted for filing.
    (e) Any transfer of a record title interest or assignment of 
operating rights shall be accompanied by the transferee's submission of 
the information specified in Sec. 3422.3-4 of this title,

[[Page 593]]

including the holdings of any affiliate(s) (including joint ventures) of 
the transferees, or a statement incorporating a prior submission of the 
specified information by reference to the date and lease, license or 
application serial number of the submission, and containing any and all 
changes in holdings since the date of the prior submission.
    (f) Any document of transfer which does not contain a description of 
all consideration or value paid or promised for the transfer shall be 
accompanied by a separate statement of all consideration or value, 
whether cash, property, future payments or any other type of 
consideration, paid or promised for the transfer.
    (g) Information submitted to comply with paragraphs (e) and (f) of 
this section may be labeled as proprietary data and shall be treated in 
accordance with the laws and regulations governing the confidentiality 
of such information.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]



Sec. 3453.2-3  Filing location and fee.

    Instruments of transfer and requests for approval shall be filed in 
the Bureau of Land Management office having jurisdiction over the leased 
lands proposed for transfer (see 43 CFR subpart 1821). Each instrument 
of transfer shall be accompanied by a nonrefundable filing fee (see 43 
CFR 3473.2).
[47 FR 33147, July 30, 1982]



Sec. 3453.2-4  Bonds.

    (a) If a bond is required, it shall be furnished before a lease, 
preference right lease application or exploration license may be 
approved for transfer. If the original lease, preference right lease 
application or exploration license required the maintenance of a bond, 
the transferee shall submit either a written consent from the surety to 
the substitution of the transferee as principal or a new bond with the 
transferee as principal. Transfers of any part of the leased or licensed 
lands shall be described by legal subdivisions. Before any transfer of 
part of a lease or license is approved, the transferee shall submit: (1) 
A written statement from the surety that it agrees to the transfer and 
that it agrees to remain bound as to the interest retained by the lessee 
or licensee; and (2) a new bond with the tranferee as principal covering 
the portion transferred.
    (b) The transferor and the surety shall continue to be responsible 
for the performance of any obligation under the lease, preference right 
lease application or exploration license until the effective date of the 
approval of the transfer. If the transfer is not approved, the 
obligation to the United States shall continue as though no such 
transfer had been filed for approval. After the effective date of 
approval, the transferee, including any sublessee, applicant or 
licensee, and the transferee's surety shall be responsible for all 
lease, application or license obligations, notwithstanding any terms of 
the transfer to the contrary.
[47 FR 33147, July 30, 1982, as amended at 47 FR 38131, Aug. 30, 1982]



Sec. 3453.2-5  Effect of partial assignment.

    A transfer of full record-title to only part of the lands, or any 
bed of the coal deposits therein, shall segregate the transferred and 
retained portions into separate and distinct leases or licenses, with 
the retained portion keeping the original serial number. The newly 
segregated lease or license shall be assigned a new serial number and 
shall contain the same terms and conditions as the original lease or 
license.
[47 FR 33148, July 30, 1982]



Sec. 3453.3  Approval.



Sec. 3453.3-1  Conditions for approval.

    (a) No transfer of a lease shall be approved if:
    (1) The transferee is not qualified to hold a lease or an interest 
in a lease under subpart 3472 of this title or under Secs. 3420.1-
3(b)(1)(iv) and 3420.1-3(b)(2)(ii) of this title;
    (2) The lease bond is insufficient;
    (3) The filing fee has not been submitted;
    (4) The transferee would hold the lease in violation of the acreage 
requirements set out in subpart 3472 of this title;
    (5) The transfer would create an overriding royalty or other 
interest in violation of Sec. 3473.3-2 of this title;

[[Page 594]]

    (6) The lease account is not in good standing;
    (7) The information required under Sec. 3453.2-2(e) and (f) of this 
title has not been submitted; or
    (8) The transferee is subject to the prohibition in Sec. 3472.1-2(e) 
of this title.
    (b) When the licensee proposes to transfer an exploration license, 
any other participating parties in the license shall be given the right 
of first refusal. If none of the participating parties wishes to assume 
the license, the license may be transferred if:
    (1) The exploration bond is sufficient;
    (2) The filing fee has been submitted; and
    (3) The license account is in good standing.
    (c) A preference right lease application may be transferred as a 
whole only to any party qualified to hold a lease under subpart 3472 of 
this title.
[47 FR 33148, July 30, 1982, as amended at 50 FR 42023, Oct. 17, 1985]



Sec. 3453.3-2  Disapproval of transfers.

    (a) The authorized officer shall deny approval of a transfer if any 
reason why the transfer cannot be approved (listed in Sec. 3453.3-1 of 
this title) is not cured within the time established by the authorized 
officer in a decision notifying the applicant for approval why the 
transfer cannot be approved.
    (b) The authorized officer shall not approve a transfer of a lease 
until 30 days after the requirements of Sec. 3422.3-4 of this title have 
been met.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33148, July 30, 1982]



Sec. 3453.3-3  Effective date.

    A transfer shall take effect the first day of the month following 
its final approval by the Bureau of Land Management, or if the 
transferee requests in writing, the first day of the month of the 
approval. The Governor of the affected State(s) shall be given 
reasonable notice of any lease transfer.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33148, July 30, 1982; 
48 FR 37656, Aug. 19, 1983]



Sec. 3453.3-4  Extensions.

    (a) The filing of or approval of any transfer shall not alter any 
terms or extend any time periods under the lease, including those 
dealing with readjustment of the lease and the diligent development and 
continued operation on the lease.
    (b) The filing of or approval of a transfer of an exploration 
license shall not extend the term of the license beyond the statutory 2-
year maximum.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33148, July 30, 1982; 
47 FR 38131, Aug. 30, 1982]



PART 3460--ENVIRONMENT--Table of Contents




      Subpart 3461--Federal Lands Review: Unsuitability for Mining

Sec.
3461.0-3  Authority.
3461.0-6  Policy.
3461.0-7  Scope.
3461.1  Underground mining exemption from criteria.
3461.2  Unsuitability assessment procedures.
3461.2-1  Assessment and land use planning.
3461.2-2  Consultation on unsuitability assessments.
3461.3  Relationship of leasing to unsuitability assessment.
3461.3-1  Application of criteria on unleased lands.
3461.3-2  Application of criteria on leased lands.
3461.4  Exploration.
3461.5  Criteria for assessing lands unsuitable for all or certain 
          stipulated methods of coal mining.

             Subpart 3465--Surface Management and Protection

3465.0-1  Purpose.
3465.0-3  Authority.
3465.0-7  Applicability.
3465.1  Use of surface.
3465.2  Inspections and noncompliance.
3465.2-1  Inspections.
3465.2-2  Discovery of noncompliance.
3465.2-3  Failure of lessee or holder of license to mine to act.


    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple 
Mineral Development Act of 1954 (30 U.S.C. 521- 531 et seq.), the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et 
seq.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.).

    Source:  44 FR 42638, July 19, 1979, unless otherwise noted.

[[Page 595]]



      Subpart 3461--Federal Lands Review: Unsuitability for Mining



Sec. 3461.0-3  Authority.

    (a) These regulations are issued under the authority of the statutes 
listed in Sec. 3400.0-3 of this title.
    (b) These regulations primarily implement:
    (1) The general unsuitability criteria in section 522(a) of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1272(a));
    (2) The Federal lands review in section 522(b) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1272(b)); and
    (3) The prohibitions against mining certain lands in section 522(e) 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1272(e)).



Sec. 3461.0-6  Policy.

    The Department shall carry out the review of Federal lands under 
section 522(b) of the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1272(b)) principally through land use planning assessments by 
the surface management agency regarding the unsuitability of Federal 
lands for all or certain stipulated methods of coal mining.



Sec. 3461.0-7  Scope.

    Each criterion in Sec. 3461.1 of this title uses the phrase ``shall 
be considered unsuitable'' as shorthand for ``shall be considered 
unsuitable for all or certain stipulated methods of coal mining 
involving surface coal mining operations, as defined in Sec. 3400.0-
5(mm) of this title.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33148, July 30, 1982]



Sec. 3461.1  Underground mining exemption from criteria.

    (a) Federal lands with coal deposits that would be mined by 
underground mining methods shall not be assessed as unsuitable where 
there would be no surface coal mining operations, as defined in 
Sec. 3400.0-5 of this title, on any lease, if issued.
    (b) Where underground mining will include surface operations and 
surface impacts on Federal lands to which a criterion applies, the lands 
shall be assessed as unsuitable unless the surface management agency 
finds that a relevant exception or exemption applies.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. 
Redesignated at 52 FR 46473, Dec. 8, 1987]



Sec. 3461.2  Unsuitability assessment procedures.



Sec. 3461.2-1  Assessment and land use planning.

    (a)(1) Each of the unsuitability criteria shall be applied to all 
coal lands with development potential identified in the comprehensive 
land use plan or land use analysis. For areas where 1 or more 
unsuitability conditions are found and for which the authorized officer 
of the surface management agency could otherwise regard coal mining as a 
likely use, the exceptions and exemptions for each criterion may be 
applied.
    (2) Public comments on the application of the unsuitability criteria 
shall be solicited by a notice published in the Federal Register. This 
call for comments may be part of the call for public comments on the 
draft land-use plan or land-use analysis. This notice shall announce the 
availability of maps and other information describing the results of the 
application and the application process used.
    (3) The authorized officer of the surface management agency shall 
describe in the comprehensive land use plan or land use analysis the 
results of the application of each unsuitability criterion, exception 
and exemption. The authorized officer of the surface management agency 
shall state in the plan or analysis those areas which could be leased 
only subject to conditions or stipulations to conform to the application 
of the criteria or exceptions. Such areas may ultimately be leased 
provided that these conditions or stipulations are contained in the 
lease.
    (b)(1) The authorized officer shall make his/her assessment on the 
best available data that can be obtained given the time and resources 
available to prepare the plan. The comprehensive land use plan or land 
use analysis shall include an indication of the adequacy and reliability 
of the data involved. Where either a criterion or exception

[[Page 596]]

(when under paragraph (a) of this section the authorized officer decides 
that application of an exception is appropriate) cannot be applied 
during the land use planning process because of inadequate or unreliable 
data, the plan or analysis shall discuss the reasons therefor and 
disclose when the data needed to make an assessment with reasonable 
certainty would be generated. It the case of Criterion 19, application 
shall be made before approval of the mining permit. In the case of other 
deferred criteria, application shall be made prior to finalizing the 
environmental analysis for the area being studied for coal leasing. The 
authorized officer shall make every effort within the time and resources 
available to collect adequate and reliable data which would permit the 
application of Criterion 19 in the land use or activity planning 
process. When those data are obtained, the authorized officer shall make 
public his/her assessment on the application of the criterion or, if 
appropriate, the exception and the reasons therefor and allow 
opportunity for public comment on the adequacy of the application as 
required by paragraph (a)(2) of this section.
    (2) No lease tract shall be analyzed in a final regional lease sale 
environmental impact statement prepared under Sec. 3420.4-5 of this 
title without significant data material to the application to the tract 
of each criterion described in Sec. 3461.1 of this title, except, where 
necessary, criterion 19. If the data are lacking for the application of 
a criterion or exception to only a portion of the tract, and if the 
authorized officer determines that it is likely that stipulations in the 
lease or permit to conduct surface coal mining operations could avoid 
any problems which may result from subsequent application of the 
criterion or exception, such tract may be included and analyzed in the 
regional lease sale environmental impact statement.
    (c) Any unsuitability assessments which result either from a 
designation or a termination of a designation of Federal lands as 
unsuitable by the Office of Surface Mining Reclamation and Enforcement, 
or from changes warranted by additional data acquired in the activity 
planning process, may be made without formally revising or amending the 
comprehensive land use plan or analysis.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982; 
51 FR 18888, May 23, 1986. Redesignated and amended at 52 FR 46473, Dec. 
8, 1987]



Sec. 3461.2-2  Consultation on unsuitability assessments.

    (a) Prior to adopting a comprehensive land use plan or land use 
analysis which assesses Federal lands as unsuitable for coal mining, the 
Secretary or other surface management agency shall complete the 
consultation set out in Secs. 3420.1-6 and 3420.1-7 of this title.
    (b) When consultation or concurrence is required in the application 
of any criterion or exception in Sec. 3461.1 of this title, the request 
for advice or concurrence, and the reply thereto, shall be in writing. 
Unless another period is provided by law, the authorized officer shall 
specify that the requested advice, concurrence or nonconcurrence be made 
within 30 days.
    (c) When the authorized officer does not receive a response either 
to a request for concurrence which is required by this subpart but not 
by law, or to consultation within the specified time, he or she may 
proceed as though concurrence had been given or consultation had 
occurred.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. 
Redesignated at 52 FR 46473, Dec. 8, 1987]



Sec. 3461.3  Relationship of leasing to unsuitability assessment.



Sec. 3461.3-1  Application of criteria on unleased lands.

    (a) The unsuitability criteria shall only be applied, prior to lease 
issuance, to all lands leased after July 19, 1979.
    (b) The unsuitability criteria shall be initially applied either:
    (1) During land use planning or the environmental assessment 
conducted for a specific lease application; or
    (2) During land use planning under the provisions of Sec. 3420.1-4 
of this title.
[47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]

[[Page 597]]



Sec. 3461.3-2  Application of criteria on leased lands.

    The unsuitability criteria shall not be applied to leased lands.
[47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]



Sec. 3461.4  Exploration.

    (a) Assessment of any area as unsuitable for all or certain 
stipulated methods of coal mining operations pursuant to section 522 of 
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1272) 
and the regulations of this subpart does not prohibit exploration of 
such area under subpart 3410 and Part 3480 of this title.
    (b) An application for an exploration license on any lands assessed 
as unsuitable for all or certain stipulated methods of coal mining shall 
be reviewed by the Bureau of Land Management to ensure that exploration 
does not harm any value for which the area has been assessed as 
unsuitable.
[44 FR 42638, July 19, 1979. Redesignated and amended at 47 FR 33149, 
July 30, 1982; 50 FR 8627, Mar. 4, 1985. Further redesignated at 52 FR 
46473, Dec. 8, 1987]



Sec. 3461.5  Criteria for assessing lands unsuitable for all or certain stipulated methods of coal mining.

    (a)(1) Criterion Number 1. All Federal lands included in the 
following land systems or categories shall be considered unsuitable: 
National Park System, National Wildlife Refuge System, National System 
of Trails, National Wilderness Preservation System, National Wild and 
Scenic Rivers System, National Recreation Areas, lands acquired with 
money derived from the Land and Water Conservation Fund, National 
Forests, and Federal lands in incorporated cities, towns, and villages.
    (2) Exceptions. (i) A lease may be issued within the boundaries of 
any National Forest if the Secretary finds no significant recreational, 
timber, economic or other values which may be incompatible with the 
lease; and (A) surface operations and impacts are incident to an 
underground coal mine, or (B) where the Secretary of Agriculture 
determines, with respect to lands which do not have significant forest 
cover within those National Forests west of the 100th Meridian, that 
surface mining may be in compliance with the Multiple-Use Sustained-
Yield Act of 1960, the Federal Coal Leasing Amendments Act of 1976 and 
the Surface Mining Control and Reclamation Act of 1977.
    (ii) A lease may be issued within the Custer National Forest with 
the consent of the Department of Agriculture as long as no surface coal 
mining operations are permitted.
    (3) Exemptions. The application of this criterion to lands within 
the listed land systems and categories is subject to valid existing 
rights, and does not apply to surface coal mining operations existing on 
August 3, 1977.
    (b)(1) Criterion Number 2. Federal lands that are within rights-of-
way or easements or within surface leases for residential, commercial, 
industrial, or other public purposes, on federally owned surface shall 
be considered unsuitable.
    (2) Exceptions. A lease may be issued, and mining operations 
approved, in such areas if the surface management agency determines 
that:
    (i) All or certain types of coal development (e.g., underground 
mining) will not interfere with the purpose of the right-of-way or 
easement; or
    (ii) The right-of-way or easement was granted for mining purposes; 
or
    (iii) The right-of-way or easement was issued for a purpose for 
which it is not being used; or
    (iv) The parties involved in the right-of-way or easement agree, in 
writing, to leasing; or
    (v) It is impractical to exclude such areas due to the location of 
coal and method of mining and such areas or uses can be protected 
through appropriate stipulations.
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (c)(1) Criterion Number 3. The terms used in this criterion have the 
meaning set out in the Office of Surface Mining

[[Page 598]]

Reclamation and Enforcement regulations at Chapter VII of Title 30 of 
the Code of Federal Regulations. Federal lands affected by section 
522(e) (4) and (5) of the Surface Mining Control and Reclamation Act of 
1977 shall be considered unsuitable. This includes lands within 100 feet 
of the outside line of the right-of-way of a public road or within 100 
feet of a cemetery, or within 300 feet of any public building, school, 
church, community or institutional building or public park or within 300 
feet of an occupied dwelling.
    (2) Exceptions. A lease may be issued for lands:
    (i) Used as mine access roads or haulage roads that join the right-
of-way for a public road;
    (ii) For which the Office of Surface Mining Reclamation and 
Enforcement has issued a permit to have public roads relocated;
    (iii) If, after public notice and opportunity for public hearing in 
the locality, a written finding is made by the authorized officer that 
the interests of the public and the landowners affected by mining within 
100 feet of a public road will be protected.
    (iv) For which owners of occupied dwellings have given written 
permission to mine within 300 feet of their buildings.
    (3) Exemptions. The application of this criterion is subject to 
valid existing rights, and does not apply to surface coal mining 
operations existing on August 3, 1977.
    (d)(1) Criterion Number 4. Federal lands designated as wilderness 
study areas shall be considered unsuitable while under review by the 
Administration and the Congress for possible wilderness designation. For 
any Federal land which is to be leased or mined prior to completion of 
the wilderness inventory by the surface management agency, the 
environmental assessment or impact statement on the lease sale or mine 
plan shall consider whether the land possesses the characteristics of a 
wilderness study area. If the finding is affirmative, the land shall be 
considered unsuitable, unless issuance of noncompetitive coal leases and 
mining on leases is authorized under the Wilderness Act and the Federal 
Land Policy and Management Act of 1976.
    (2) Exemption. The application of this criterion to lands for which 
the Bureau of Land Management is the surface management agency and lands 
in designated wilderness areas in National Forests is subject to valid 
existing rights.
    (e)(1) Criterion Number 5. Scenic Federal lands designated by visual 
resource management analysis as Class I (an areas of outstanding scenic 
quality or high vessel sensitivity) but not currently on the National 
Register of Natural Landmarks shall be considered unsuitable.
    (2) Exception. A lease may be issued if the surface management 
agency determines that surface coal mining operations will not 
significantly diminish or adversely affect the scenic quality of the 
designated area.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator has made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977, or which include operations on which a 
permit has been issued.
    (f)(1) Criterion Number 6. Federal lands under permit by the surface 
management agency, and being used for scientific studies involving food 
or fiber production, natural resources, or technology demonstrations and 
experiments shall be considered unsuitable for the duration of the 
study, demonstration or experiment, except where mining could be 
conducted in such a way as to enhance or not jeopardize the purposes of 
the study, as determined by the surface management agency, or where the 
principal scientific user or agency gives written concurrence to all or 
certain methods of mining.
    (2) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.

[[Page 599]]

    (g)(1) Criterion Number 7. All publicly or privately owned places 
which are included in the National Register of Historic Places shall be 
considered unsuitable. This shall include any areas that the surface 
management agency determines, after consultation with the Advisory 
Council on Historic Preservation and the State Historic Preservation 
Officer, are necessary to protect the inherent values of the property 
that made it eligible for listing in the National Register.
    (2) Exceptions. All or certain stipulated methods of coal mining may 
be allowed if, after consultation with the Advisory Council on Historic 
Preservation and the State Historic Preservation Officer, they are 
approved by the surface management agency, and, where appropriate, the 
State or local agency with jurisdiction over the historic site.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (h)(1) Criterion Number 8. Federal lands designated as natural areas 
or as National Natural Landmarks shall be considered unsuitable.
    (2) Exceptions. A lease may be issued and mining operation approved 
in an area or site if the surface management agency determines that:
    (i) The use of appropriate stipulated mining technology will result 
in no significant adverse impact to the area or site; or
    (ii) The mining of the coal resource under appropriate stipulations 
will enhance information recovery (e.g., paleontological sites).
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which includes operations on which a 
permit has been issued.
    (i) (1) Criterion Number 9. Federally designated critical habitat 
for listed threatened or endangered plant and animal species, and 
habitat proposed to be designated as critical for listed threatened or 
endangered plant and animal species or species proposed for listing, and 
habitat for Federal threatened or endangered species which is determined 
by the Fish and Wildlife Service and the surface management agency to be 
of essential value and where the presence of threatened or endangered 
species has been scientifically documented, shall be considered 
unsuitable.
    (2) Exception. A lease may be issued and mining operations approved 
if, after consultation with the Fish and Wildlife Service, the Service 
determines that the proposed activity is not likely to jeopardize the 
continued existence of the listed species and/or its critical habitat.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (j)(1) Criterion Number 10. Federal lands containing habitat 
determined to be critical or essential for plant or animal species 
listed by a state pursuant to state law as endangered or threatened 
shall be considered unsuitable.
    (2) Exception. A lease may be issued and mining operations approved 
if, after consultation with the state, the surface management agency 
determines that the species will not be adversely affected by all or 
certain stipulated methods of coal mining.
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (k)(1) Criterion Number 11. A bald or golden eagle nest or site on 
Federal lands that is determined to be active and an appropriate buffer 
zone of land around the nest site shall be considered

[[Page 600]]

unsuitable. Consideration of availability of habitat for prey species 
and of terrain shall be included in the determination of buffer zones. 
Buffer zones shall be determined in consultation with the Fish and 
Wildlife Service.
    (2) Exceptions. A lease may be issued if:
    (i) It can be conditioned in such a way, either in manner or period 
of operation, that eagles will not be disturbed during breeding season; 
or
    (ii) The surface management agency, with the concurrence of the Fish 
and Wildlife Service, determines that the golden eagle nest(s) will be 
moved.
    (iii) Buffer zones may be decreased if the surface management agency 
determines that the active eagle nests will not be adversely affected.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (l)(1) Criterion Number 12. Bald and golden eagle roost and 
concentration areas on Federal lands used during migration and wintering 
shall be considered unsuitable.
    (2) Exception. A lease may be issued if the surface management 
agency determines that all or certain stipulated methods of coal mining 
can be conducted in such a way, and during such periods of time, to 
ensure that eagles shall not be adversely disturbed.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (m)(1) Criterion Number 13. Federal lands containing a falcon 
(excluding kestrel) cliff nesting site with an active nest and a buffer 
zone of Federal land around the nest site shall be considered 
unsuitable. Consideration of availability of habitat for prey species 
and of terrain shall be included in the determination of buffer zones. 
Buffer zones shall be determined in consultation with the Fish and 
Wildlife Service.
    (2) Exception. A lease may be issued where the surface management 
agency, after consultation with the Fish and Wildlife Service, 
determines that all or certain stipulated methods of coal mining will 
not adversely affect the falcon habitat during the periods when such 
habitat is used by the falcons.
    (3) Exemptions. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (n)(1) Criterion Number 14. Federal lands which are high priority 
habitat for migratory bird species of high Federal interest on a 
regional or national basis, as determined jointly by the surface 
management agency and the Fish and Wildlife Service, shall be considered 
unsuitable.
    (2) Exception. A lease may be issued where the surface management 
agency, after consultation with the Fish and Wildlife Service, 
determines that all or certain stipulated methods of coal mining will 
not adversely affect the migratory bird habitat during the periods when 
such habitat is used by the species.
    (3) Exemption. This criterion does not apply to lands: to which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (o)(1) Criteron Number 15. Federal lands which the surface 
management agency and the state jointly agree are habitat for resident 
species of fish, wildlife and plants of high interest to the state and 
which are essential for maintaining these priority wildlife and plant 
species shall be considered unsuitable. Examples of such lands which 
serve a critical function for the species involved include:
    (i) Active dancing and strutting grounds for sage grouse, sharp-
tailed grouse, and prairie chicken;

[[Page 601]]

    (ii) Winter ranges crucial for deer, antelope, and elk;
    (iii) Migration corridor for elk; and
    (iv) Extremes of range for plant species; and

A lease may be issued if, after consultation with the state, the surface 
management agency determines that all or certain stipulated methods of 
coal mining will not have a significant long-term impact on the species 
being protected.
    (2) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (p)(1) Criterion Number 16. Federal lands in riverine, coastal and 
special floodplains (100-year recurrence interval) on which the surface 
management agency determines that mining could not be undertaken without 
substantial threat of loss of life or property shall be considered 
unsuitable for all or certain stipulated methods of coal mining.
    (2) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (q)(1) Criterion Number 17. Federal lands which have been committed 
by the surface management agency to use as municipal watersheds shall be 
considered unsuitable.
    (2) Exception. A lease may be issued where the surface management 
agency in consultation with the municipality (incorporated entity) or 
the responsible governmental unit determines, as a result of studies, 
that all or certain stipulated methods of coal mining will not adversely 
affect the watershed to any significant degree.
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (r)(1) Criterion Number 18. Federal lands with National Resource 
Waters, as identified by states in their water quality management plans, 
and a buffer zone of Federal lands \1/4\ mile from the outer edge of the 
far banks of the water, shall be unsuitable.
    (2) Exception. The buffer zone may be eliminated or reduced in size 
where the surface management agency determines that it is not necessary 
to protect the National Resource Waters.
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
    (s)(1) Criterion Number 19. Federal lands identified by the surface 
management agency, in consultation with the state in which they are 
located, as alluvial valley floors according to the definition in 
Sec. 3400.0-5(a) of this title, the standards in 30 CFR Part 822, the 
final alluvial valley floor guidelines of the Office of Surface Mining 
Reclamation and Enforcement when published, and approved state programs 
under the Surface Mining Control and Reclamation Act of 1977, where 
mining would interrupt, discontinue, or preclude farming, shall be 
considered unsuitable. Additionally, when mining Federal land outside an 
alluvial valley floor would materially damage the quantity or quality of 
water in surface or underground water systems that would supply alluvial 
valley floors, the land shall be considered unsuitable.
    (2) Exemptions. This criterion does not apply to surface coal mining 
operations which produced coal in commercial quantities in the year 
preceding August 3, 1977, or which had obtained a permit to conduct 
surface coal mining operations.
    (t)(1) Criterion Number 20. Federal lands in a state to which is 
applicable a criterion (i) proposed by the state or Indian tribe located 
in the planning area, and (ii) adopted by rulemaking by

[[Page 602]]

the Secretary, shall be considered unsuitable.
    (2) Exceptions. A lease may be issued when:
    (i) Such criterion is adopted by the Secretary less than 6 months 
prior to the publication of the draft comprehensive land use plan or 
land use analysis, plan, or supplement to a comprehensive land use plan, 
for the area in which such land is included, or
    (ii) After consultation with the state or affected Indian tribe, the 
surface management agency determines that all or certain stipulated 
methods of coal mining will not adversely affect the value which the 
criterion would protect.
    (3) Exemptions. This criterion does not apply to lands: To which the 
operator made substantial legal and financial commitments prior to 
January 4, 1977; on which surface coal mining operations were being 
conducted on August 3, 1977; or which include operations on which a 
permit has been issued.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33148, July 30, 1982; 
48 FR 54820, Dec. 7, 1983. Redesignated and amended at 52 FR 46473, Dec. 
8 1987]



             Subpart 3465--Surface Management and Protection



Sec. 3465.0-1  Purpose.

    This subpart establishes rules for the management and protection of 
the surface of leased Federal lands when coal deposits are developed.



Sec. 3465.0-3  Authority.

    These regulations are issued under the authority of the statutes 
listed in Sec. 3400.0-3 of this title.



Sec. 3465.0-7  Applicability.

    This subpart applies to leases and licenses to mine issued by the 
Bureau of Land Management for the development of Federal coal.



Sec. 3465.1  Use of surface.

    (a) The operator shall use only that part of the surface area 
included in his lease or license to mine that has been included in an 
approved resource recovery and protection plan and mining permit (43 CFR 
3482.1(b) and 30 CFR part 741).
    (b) Separate leases, permits, or rights-of-way under the appropriate 
provisions in title 43 of the Code of Federal Regulations are required 
for the installation of power generation plants or commercial or 
industrial facilities on the lands in the lease or license to mine or 
for the use of mineral materials or timber from the land in the lease or 
license to mine.
    (c) Other land uses under other authorities may be allowed on an 
area in a lease or license to mine provided there is no unreasonable 
conflict and that neither the mining operation nor the other use is 
jeopardized by the presence of the other.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982; 
50 FR 8627, Mar. 4, 1985]



Sec. 3465.2  Inspections and noncompliance.



Sec. 3465.2-1  Inspections.

    The authorized officer or his/her authorized representative shall 
have the right to enter lands under a lease or license to mine to 
inspect without advance notice or a search warrant, upon presentation of 
appropriate credentials, to determine whether the activities and 
conditions are in compliance with the applicable laws, regulations, 
notices and orders, terms and conditions of leases, licenses to mine or 
permits, and the requirements of the approved mining plan.
[44 FR 42638, July 19, 1979. Redesignated and amended at 47 FR 33149, 
July 30, 1982; 50 FR 8627, Mar. 4, 1985]



Sec. 3465.2-2  Discovery of noncompliance.

    (a) Upon discovery of activities or conditions that are not in 
compliance with the terms of a lease or license to mine, or with an 
approved permit (30 CFR part 741), but that do not pose a serious and 
imminent danger to the public or to resources and environmental quality, 
the authorized officer shall refer the matter to the Surface Mining 
Officer for remedial action, or take remedial action on matters of 
exploration outside the permit area.
    (b) Upon discovery of activities or conditions that are not in 
compliance

[[Page 603]]

with the terms of a lease, license to mine, or with an approved permit 
and that do pose a serious and imminent danger to the health and safety 
of the public or to resources and environmental quality, the authorized 
officer may order the immediate cessation of the activities or 
conditions provided that the Surface Mining Officer is immediately 
informed of the issuance of any such emergency cessation order.
[44 FR 42638, July 19, 1979. Redesignated at 47 FR 33149, July 30, 1982; 
50 FR 8627, Mar. 4, 1985]



Sec. 3465.2-3  Failure of lessee or holder of license to mine to act.

    Failure of a lessee or the holder of a license to mine to comply 
with an immediate cessation order issued under Sec. 3465.3-2(b) or with 
a written notice of noncompliance issued by the Surface Mining Officer 
in accordance with part 3480 of this title or 30 CFR Chapter VII, 
Subchapter D, or by the authorized officer in accordance with part 3480 
of this title, shall be grounds for suspension of the permit and may be 
grounds for cancellation of the license to mine, or in accordance with 
subpart 3452 of this title, the lease.
[44 FR 42638, July 19, 1979. Redesignated and amended at 47 FR 33149, 
July 30, 1982; 50 FR 8627, Mar. 4, 1985]



PART 3470--COAL MANAGEMENT PROVISIONS AND LIMITATIONS--Table of Contents




        Subpart 3471--Coal Management Provisions and Limitations

Sec.
3471.1  Land description requirements.
3471.1-1  Land description and coal deposit in application.
3471.1-2  Land description in lease.
3471.2  Effect of land transactions.
3471.2-1  Disposal of land with a reservation of minerals.
3471.2-2  Effect of conveyance to state or local entity.
3471.3  Cancellation or forfeiture.
3471.3-1  Protection of bona fide purchaser.
3471.3-2  Sale of underlying interests.
3471.4  Future interest, acquired lands.

             Subpart 3472--Lease Qualification Requirements

3472.1  Qualifications.
3472.1-1  Qualified applicants and bidders.
3472.1-2  Special leasing qualifications.
3472.1-3  Acreage limitations.
3472.2  Filing of qualification statements.
3472.2-1  Sole party in interest statement.
3472.2-2  Contents of qualification statement.
3472.2-3  Signature of applicant.
3472.2-4  Special qualifications heirs, and devisees (estates).
3472.2-5  Special qualifications, public bodies.

               Subpart 3473--Fees, Rentals, and Royalties

3473.1  Payments.
3473.1-1  Form of remittance.
3473.1-2  Where submitted.
3473.1-3  When paid.
3473.2  Fees.
3473.2-1  General fee provisions.
3473.2-2  Exemptions from fee provisions.
3473.3  Rentals and royalties.
3473.3-1  Rentals.
3473.3-2  Royalties.
3473.4  Suspension of operations, production, and payment obligations.

                           Subpart 3474--Bonds

3474.1  Bonding requirements.
3474.2  Type of bond required.
3474.3  Bond conversions.
3474.4  Qualified sureties.
3474.5  Default.
3474.6  Termination of the period of liability.

                        Subpart 3475--Lease Terms

3475.1  Lease form.
3475.2  Duration of leases.
3475.3  Dating of leases.
3475.4  Land description.
3475.5  Diligent development and continued operation.
3475.6  Logical mining unit.

    Authority:  30 U.S.C. 189 and 359 and 43 U.S.C. 1733 and 1740.

    Source:  44 FR 42643, July 19, 1979, unless otherwise noted.



        Subpart 3471--Coal Management Provisions and Limitations



Sec. 3471.1  Land description requirements.



Sec. 3471.1-1  Land description and coal deposit in application.

    (a) Any application for a lease, lease modification, or license to 
mine shall include a complete and accurate description of the lands for 
which the lease, lease modification, or license to mine is desired.

[[Page 604]]

    (b) If the land has been surveyed under the public land rectangular 
survey system, each application shall describe the land by legal 
subdivision (section, township, and range), or aliquot part thereof (but 
not less than 10 acres).
    (c) Where protraction diagrams have been approved and the effective 
date has been published in the Federal Register, the application for 
land shown on such protraction diagrams and filed on or after the 
effective date shall contain a description of the land according to the 
section, township, and range shown on the approved protraction diagrams.
    (d)(1) If the land has not been surveyed on the ground and is not 
shown on the records as covered by protraction diagrams, the application 
shall describe the land by metes and bounds, giving courses and 
distances between the successive angle points on the boundary of the 
tract, in cardinal directions except where the boundaries of the land 
are in irregular form, and connected by courses and distances to an 
official corner of the public land surveys. In Alaska, the description 
of unsurveyed land shall be connected by courses and distances to either 
an official corner of the public land surveys or to a triangulation 
station established by an agency of the United States such as the 
Geological Survey, the National Oceanic and Atmospheric Administration, 
or the International Boundary Commission, if the record position is 
available to the general public.
    (2)(i) If the land is acquired land in a non-public land state which 
has not been surveyed under the rectangular system of public land 
surveys, the land shall be described as in the deed or other document by 
which the United States acquired title to the lands or minerals.
    (ii) If the land constitutes less than the entire tract acquired by 
the United States, it shall be described by courses and distances 
between successive angle points on its boundary tying by course and 
distance into an identifiable point listed in the description in the 
deed or other document by which the United States acquired title to the 
land.
    (iii) If the description in the deed or other document by which the 
United States acquired title to the land does not include the courses 
and distance between the successive angle points on the boundary of the 
desired tract, the description in the application shall be expanded to 
include such courses and distances.
    (iv) The application shall be accompanied by a map on which the land 
is clearly marked showing its location with respect to the 
administrative unit or project of which it is a part. It is not 
necessary to submit a map if the land has been surveyed under the 
rectangular system of public land surveys, and the land description can 
be conformed to that system.
    (v) If an acquisition tract number has been assigned by the 
acquiring agency to the tract, a description by tract number will be 
accepted.
    (vi) Any accreted land not described in the deed to the United 
States shall be described by metes and bounds, giving courses and 
distances between the successive angle points on the boundary of the 
tract, and connected by courses and distances to an angle point on the 
perimeter of the acquired tract to which the accretions belong.



Sec. 3471.1-2  Land description in lease.

    (a) All unsurveyed lands in a public land survey system state shall 
have a cadastral survey performed at Federal Government expense before a 
lease or license to mine may be issued, except for areas covered by a 
skeleton survey, i.e. Utah and Alaska, and the lease when issued shall 
be described by legal subdivision (section, township, and range), or 
aliquot part thereof (but no less than 10 acres).
    (b) If the land is acquired land in a non-public land state, the 
land in the lease shall be described in the same manner provided for 
lease applications under Sec. 3471.1-1(d)(2) of this title.



Sec. 3471.2  Effect of land transactions.



Sec. 3471.2-1  Disposal of land with a reservation of minerals.

    (a) Where the lands included in a lease or license to mine have been 
or may be disposed of with reservation of the coal deposits, a lessee or 
the holder

[[Page 605]]

of a license to mine must comply fully with the law under which the 
reservation was made. See, among other laws, the Acts of March 3, 1909 
(34 Stat. 844; 30 U.S.C. 81); June 22, 1910 (35 Stat. 583; 30 U.S.C. 83-
85); December 29, 1916, as amended (39 Stat. 862; 43 U.S.C. 291-301); 
June 17, 1949 (63 Stat. 200); June 21, 1949 (63 Stat. 214; 30 U.S.C. 
54); March 8, 1922 (42 Stat. 415; 48 U.S.C. 376-377); and October 21, 
1976 (90 Stat. 2759; 43 U.S.C. 1719).
    (b) Any sale or conveyance of acquired lands by the agency having 
jurisdiction shall be subject to any lease or license to mine previously 
issued under the Mineral Leasing Act for Acquired Lands.
    (c) Leases on acquired lands outstanding on August 7, 1947, and 
covering lands subject to the Mineral Leasing Act for Acquired Lands may 
be exchanged for new leases to be issued under that Act.
    (d) When: (1) The coal is to be mined by other than underground 
mining techniques, (2) the surface of the land is owned by a qualified 
surface owner, and (3) the lease is issued after August 3, 1977, the 
lessee shall comply with the terms of the written consent of the 
qualified surface owner not inconsistent with Federal and state mined 
land reclamation laws and regulations.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33149, July 30, 1982]



Sec. 3471.2-2  Effect of conveyance to state or local entity.

    (a) If the United States has conveyed the title to, or otherwise 
transferred control of the land surface containing the coal deposits to 
(1) any state or political subdivision, agency, or its instrumentality, 
(2) a college, any other educational corporation, or association, or (3) 
to a charitable or religious corporation or association, the transferee 
shall be notified by certified mail of the application for the license 
to mine or lease, or the scheduling of a lease sale. The transferee 
shall be given a reasonable period of time within which to suggest any 
stipulations necessary for the protection of existing surface 
improvements or uses to be included in the license or lease and state 
the supporting facts, or to file any objections to its issuance and 
state the supporting facts.
    (b) Opposition by the state or local entity is not a bar to issuance 
of the license to mine or lease for the reserved minerals in the lands. 
(See, however, Sec. 3461.1(b).) In each case, the final determination on 
whether to issue the license to mine or lease is based on the best 
interests of the public.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33149, July 30, 1982]



Sec. 3471.3  Cancellation or forfeiture.



Sec. 3471.3-1  Protection of bona fide purchaser.

    (a) The Secretary's right to cancel or forfeit a lease for any 
violation shall not adversely affect the title or interest of a bona 
fide purchaser of any lease or any interest therein. A bona fide 
purchaser must be a person, association, or corporation qualified to 
hold such lease or interest, even though the holdings of the party or 
parties from which the lease or interest therein was acquired or their 
predecessor(s) in title (including the original lessee of the United 
States), may have been cancelled or forfeited for any such violation.
    (b) Any party to any proceedings with respect to a violation of any 
provision of the mineral leasing laws may be dismissed promptly as a 
party by showing that he/she holds and acquired his/her interest as a 
bona fide purchaser without having violated any provisions of the 
mineral leasing laws.
    (c) If a party waives his or her rights under the lease, or if such 
rights are suspended by order of the Secretary pending a decision, 
rental payments and time counted against the term of the lease shall be 
suspended as of the first day of the month following the filing of the 
waiver or the Secretary's suspension until the first day of the month 
following the final decision in the proceeding or the revocation of the 
waiver or suspension.
[44 FR 42643, July 19, 1979. Redesignated and amended at 47 FR 33149, 
July 30, 1982]

[[Page 606]]



Sec. 3471.3-2  Sale of underlying interests.

    If, in any proceeding to cancel or forfeit a lease or any interest 
therein acquired in violation of any of the provisions of the mineral 
leasing laws, the lease or interest therein is cancelled or forfeited, 
and if there are valid options to acquire the lease or an interest 
therein that are not subject to cancellation, forfeiture, or compulsory 
disposition, this lease or interest therein shall be sold to the highest 
responsible qualified bidder by competitive bidding, in a manner similar 
to that provided for in the offering of leases by competitive bidding, 
subject to all outstanding valid interests and options. If less than the 
whole interest in the lease or interest therein is cancelled or 
forfeited, the partial interest shall be sold in the same way. If no 
satisfactory offer is obtained as a result of the competitive offering 
of a whole or partial interest, it may be sold by other methods that the 
authorized officer finds appropriate. However, the terms shall not be 
less favorable to the Government than those of the best competitive bid 
received.
[44 FR 42643, July 19, 1979. Redesignated at 47 FR 33149, July 30, 1982]



Sec. 3471.4  Future interest, acquired lands.

    An application to lease lands in which the United States has a 
future interest filed more than 2 years prior to the date of the vesting 
in the United States of the interest in the coal shall be rejected. Any 
application for a future interest lease outstanding at the time of the 
vesting in the United States of the present possessory interest in the 
coal shall not lapse, but shall continue to be treated under subpart 
3425 of this title. (See 43 CFR 3472.1-2(g).)
[44 FR 42643, July 19, 1979, as amended at 47 FR 33149, July 30, 1982]



             Subpart 3472--Lease Qualification Requirements



Sec. 3472.1  Qualifications.



Sec. 3472.1-1  Qualified applicants and bidders.

    A lease may be issued only to (a) citizens of the United States; (b) 
associations of citizens organized under the laws of the United States 
or of any state thereof, which are authorized to hold such interests by 
the statute under which they are organized and by the instrument 
establishing their association; (c) corporations organized under the 
laws of the United States or of any state thereof, including a company 
or corporation operating a common carrier railroad; and (d) public 
bodies, including municipalities.
[44 FR 42643, July 19, 1979. Redesignated at 44 FR 56340, Oct. 1, 1979]



Sec. 3472.1-2  Special leasing qualifications.

    (a) Each applicant or bidder for a lease shall furnish a signed 
statement showing that, with the area applied or bid for, the applicant 
or bidder's interests in leases and lease applications, held directly or 
indirectly, do not exceed in the aggregate the acreage limitation in 
Sec. 3472.1-3 of this title.
    (b) A lease shall not be issued to a minor but may be issued to a 
legal guardian or trustee on behalf of a minor.
    (c) Every company or corporation operating a common carrier railroad 
shall make a statement that it needs the coal for which it seeks a lease 
solely for its own railroad use; that it operates main or branch lines 
in the state in which the lands involved are located; that the aggregate 
acreage in the leases and applications in which it holds an interest, 
directly or indirectly, does not exceed 10,240 acres; and that it does 
not hold more than one lease for each 200 miles of its railroad lines 
served or to be served from such

[[Page 607]]

coal deposits. This last requirement excludes spurs or switches, branch 
lines built to connect the leased coal with the railroad, and parts of 
the railroad operated mainly by power not produced by steam.
    (d) Aliens may not acquire or hold any direct or indirect interest 
in leases, except that they may own or control stock in corporations 
holding leases if the laws of their country do not deny similar or like 
privileges to citizens of the United States. If any appreciable 
percentage of stock of a corporation is held by aliens who are citizens 
of a country denying similar or like privileges to United States 
citizens, that corporation's application or bid for a lease shall be 
rejected, and that corporation's lease shall be subject to cancellation.
    (e)(1)(i) On or after December 31, 1986, no lease shall be issued 
and no existing lease shall be transferred to any entity that holds and 
has held for 10 years any lease from which the entity is not producing 
the coal in commercial quantities, except as authorized under the 
advance royalty or suspension provisions of part 3480 of this chapter, 
or paragraph (e) (4), (5), or (6) of this section.
    (ii) An entity seeking to obtain a working interest in a lease, or 
approval of a transfer under subpart 3453 of this title, shall qualify 
both on the date of determination of lessee qualifications and on the 
date the lease is issued or transfer approved.
    (iii) Once a lease has been issued to a qualified entity or transfer 
approved for a lease under subpart 3453 of this title, disqualification 
at a later date shall not result in surrender of that lease, or recision 
of the approved transfer, except as provided in paragraph (e)(4) of this 
section.
    (2)(i) Any entity seeking to obtain a lease or approval of a 
transfer of a lease pursuant to 43 CFR Group 3400 of this title shall 
certify, in writing, that the entity is in compliance with the Act and 
the requirements of this subpart. The entity's self-certification 
statement shall include:
    (A) A statement that the entity is qualified to be issued a lease or 
to have a transfer approved in accordance with the presumption of 
control or the presumption of noncontrol requirements at Sec. 3400.0-
5(rr) of this title, and in accordance with the producing requirements 
at paragraph (e)(6) of this section;
    (B) Justification rebutting the presumption of control requirements 
at Sec. 3400.0-5(rr) of this title, if the entity's instruments of 
ownership of the voting securities of another entity or of its voting 
securities by another entity are 20 through 50 percent. The authorized 
officer, based on the written self-certification statement and other 
relevant information, shall determine whether the entity has rebutted 
the presumption of control.
    (ii) If a lease is issued, or a transfer approved under subpart 3453 
of this title, to an entity based upon an improper, written self-
certification of compliance, the authorized officer shall 
administratively cancel the lease, or rescind the approved transfer, 
after complying with Sec. 3452.2-2 of this title.
    (3) The authorized officer may require an entity holding or seeking 
to hold an interest in a lease, to furnish, at any time, further 
evidence of compliance with the special leasing qualifications of this 
subpart.
    (4)(i) An entity, seeking to qualify for lease issuance, or transfer 
approval under subpart 3453 of this title, shall not be disqualified 
under the provisions of this subpart if it has one of the following 
actions pending before the authorized officer for any lease that would 
otherwise disqualify it under this subpart:
    (A) Request for lease relinquishment; or
    (B) Application for arm's-length lease assignment; or
    (C) Application for approval of a logical mining unit that the 
authorized officer determines would be producing on its effective date.
    (ii) Once a lease has been issued, or transfer approved, to an 
entity that qualifies under paragraph (e)(4)(i) of this section, an 
adverse decision by the authorized officer on the pending action, or the 
withdrawal of the pending action by the applicant, shall result in 
termination of the lease or recision of the transfer approval. Such 
decision of

[[Page 608]]

the authorized officer shall be effective, regardless of appeal of that 
decision. The possibility of lease termination shall be included as a 
special stipulation in every lease issued to an entity that qualifies 
under paragraph (e)(4) of this section.
    (iii) The entity shall not qualify for lease issuance or transfer 
under paragraph (e)(4)(i) of this section during the pendency of an 
appeal before the Office of Hearings and Appeals from an adverse 
decision by the authorized officer on any of the actions described in 
paragraph (e)(4)(i) of this section.
    (iv)(A) Where an entity, qualified under this section, had an 
approved transfer of a lease under subpart 3453 of this title, the 
transferor retained a right-of-first-refusal, and the entity wishes to 
relinquish such lease if such lease would otherwise disqualify the 
entity under this subpart, the entity may file the relinquishment under 
subpart 3452 of this title. However, the entity shall:
    (1) Submit sufficient documentation for the authorized officer to 
determine that, in fact, such a right-of-first-refusal exists and 
prevents approval or disapproval by the authorized officer of the 
pending relinquishment;
    (2) Submit with the request for approval of the relinquishment a 
statement that action by the authorized officer on the pending 
relinquishment be conditioned on the execution, or lack thereof, of the 
assignment under the right-of-first-refusal, as well as on the approval 
or disapproval of the assignment, if executed, under subpart 3453 of 
this title;
    (3) Submit an application for arm's-length lease assignment signed 
by the entity as well as proof that it has been submitted to the 
transferor that retained the right-of-first-refusal (e.g., copy of 
certified mail delivery); and
    (4) Submit the name(s) and address(es) of the transferor(s) that 
retained the right-of-first-refusal.
    (B) If the authorized officer determines, based on the information 
supplied under paragraph (e)(4)(iv)(A) of this section, that the right-
of-first-refusal prevents action on the pending relinquishment, the 
authorized officer will send, via certified mail, return receipt 
requested, a request for additional information to the transferor that 
retained the right-of-first-refusal. The request shall state that the 
transferor that retained the right-of-first-refusal shall comply with 
subpart 3453 of this title within 30 days of receipt. If the transferor 
that retained the right-of-first-refusal does not comply within the 30-
day time frame, the authorized officer will:
    (1) Disapprove the pending assignment and so notify the entity and 
the transferor that retained the right-of-first-refusal; and
    (2) Process the request for relinquishment under subpart 3452 of 
this title.
    (C) If the authorized officer determines, pursuant to the 
information submitted under paragraph (e)(4)(iv)(A) of this section, 
that the right-of-first-refusal does not prevent action on the request 
for relinquishment, the authorized officer will:
    (1) Disapprove the pending assignment and so notify the entity and 
the transferor that retained the right-of-first-refusal; and
    (2) Process the request for relinquishment under subpart 3452 of 
this title.
    (5) Leases that have been mined out (i.e., all recoverable reserves 
have been exhausted), as determined by the authorized officer, may be 
held for such purposes as reclamation without disqualification of the 
entity under the provisions of this subpart.
    (6)(i) The authorized officer shall determine the date of first 
production for the purposes of establishing the beginning of the 
bracket, if applicable.
    (ii) An entity shall not be disqualified under the provisions of 
this subpart if each lease that the entity holds is:
    (A) Producing and is within its bracket;
    (B) Producing and has produced commercial quantities during the 
bracket.
    (C) Producing and has achieved production in commercial quantities 
(an entity holding such a lease is disqualified under section 2(a)(2)(A) 
of the Act from the end of the bracket until production in commercial 
quantities is achieved), for leases which fail to produce commercial 
quantities within the bracket;
    (D) Producing, or currently in compliance with the continued 
operation

[[Page 609]]

requirements of part 3480 of this chapter, for leases that began their 
first production of coal--
    (1) On or after August 4, 1976; and
    (2) After becoming subject to the diligence provisions of part 3480 
of this chapter;
    (E) Contained in an approved logical mining unit that is:
    (1) Producing or currently in compliance with the LMU continued 
operation requirements or part 3480 of this chapter; and
    (2) In compliance with the logical mining unit stipulations of 
approval under Sec. 3487.1(e) and (f) of this chapter; or
    (F) Relieved of a producing obligation pursuant to paragraph (e) 
(1), (4), or (5) of this section.
    (f) In order to qualify for a lease on acquired lands set apart for 
military and naval purposes, a governmental entity shall show that it 
produces electrical energy for sale to the public and that it is located 
in the state where the lands subject to the application or bid are 
located.
    (g) Any applicant for a lease for lands in which the United States 
has a future interest shall submit documentation that he or she holds, 
in fee or by lease, the present interest in the coal deposit subject to 
the application.
[44 FR 42643, July 19, 1979. Redesignated at 44 FR 56340, Oct. 1, 1979, 
and amended at 47 FR 33150, July 30, 1982; 51 FR 43922, Dec. 5, 1986; 52 
FR 416, Jan. 6, 1987; 62 FR 44370, Aug. 20, 1997]



Sec. 3472.1-3  Acreage limitations.

    (a)(1) No person, association, or corporation, or any subsidiary, 
affiliate, or person controlled by or under common control with such 
person, association, or corporation shall take, hold, own, or control at 
one time Federal coal leases, lease or lease modification applications, 
or bids on more than 46,080 acres in any one state and in no case on 
more than 100,000 acres in the United States.
    (2) No person, association, or corporation holding, owning, or 
controlling leases, lease or lease modification applications or bids 
(individually or through any subsidiary, affiliate, or person under 
common control) on more than 100,000 acres in the United States on 
August 4, 1976, shall be required to relinquish any lease or lease 
application held on that date. However, it shall not be permitted to 
hold any additional interests in any further leases or lease 
applications until such time as its holdings, ownership, or control of 
leases or applications has been reduced below 100,000 acres within the 
United States.
    (b)(1) In computing acreage held, owned or controlled, the 
accountable acreage of a party holding, owning or controlling an 
undivided interest in a lease shall be the party's proportionate part of 
the total lease acreage. Any subsidiary, affiliate or person controlled 
by or under common control with any corporation, person or association 
holding, owning or controlling a Federal coal lease shall be charged 
with lease acreage to the same extent as such corporation, person or 
association. The accountable acreage of a party holding, owning or 
controlling an interest in a corporation or association shall be that 
party's proportionate part of the acreage held, owned or controlled by 
such corporation or association. However, no party shall be charged with 
its pro rata share of any acreage held, owned or controlled by any 
corporation or association unless that party is the beneficial owner of 
more than 10 percent of the stock or other instruments of ownership or 
control of such corporation or association.
    (2) On acquired lands, if the United States owns only a fractional 
interest in the coal resources of the lands involved, only that part of 
the total acreage involved in the lease, proportionate to the extent of 
ownership by the United States of the coal resources, shall be charged 
as acreage holdings. The acreage embraced in a future interest lease is 
not to be charged as acreage holdings until the lease for the future 
interest takes effect.
[44 FR 42643, July 19, 1979. Redesignated at 44 FR 56340, Oct. 1, 1979, 
and amended at 47 FR 33150, July 30, 1982]

[[Page 610]]



Sec. 3472.2  Filing of qualification statements.



Sec. 3472.2-1  Sole party in interest statement.

    Every applicant or bidder for a lease or license to mine shall 
submit to the Bureau of Land Management State Office having jurisdiction 
over the lands in the application or subject to the bid (43 CFR subpart 
1821) at the time of filing the application or bid a signed statement 
that the applicant is the sole party in interest in the application or 
bid, and the lease or license to mine, if issued. If the applicant or 
bidder is or will not be the sole party in interest, the applicant or 
bidder shall set forth the names of the other interested parties in the 
application or bid. A separate or joint statement shall be signed by 
them and by the applicant or bidder setting forth the nature and extent 
of the interest of each in the application or bid, the nature of the 
agreement between them, if oral, and a copy of such agreement if 
written. Such separate or joint statement of interest and written 
agreement, if any, or a statement of the nature of such agreement, if 
oral, shall accompany the application or bid. All interested parties 
shall furnish evidence of their qualifications to hold such interest in 
the lease or license to mine including a statement regarding knowledge 
of written consent from any qualified surface owner for the area 
involved (43 CFR subpart 3427).



Sec. 3472.2-2  Contents of qualification statement.

    (a) If the applicant or bidder is an individual, he shall submit a 
signed statement setting forth his citizenship with each application or 
bid for a license to mine or lease.
    (b) If the applicant or bidder is an association or partnership, the 
application or bid shall be accompanied by a certified copy of the 
articles of association or partnership, together with a statement 
showing (1) that the association or partnership is authorized to hold a 
lease or license to mine; (2) that the member or partner executing the 
lease or license to mine is authorized to act on behalf of the 
association or partnership in such matters; (3) the names and addresses 
of all members owning or controlling more than 10 percent of the 
association or partnership and their citizenship and holdings.
    (c) If the applicant or bidder for a lease or license to mine is a 
corporation, it shall submit statements showing:
    (1) The state of incorporation;
    (2) That the corporation is authorized to hold leases or licenses to 
mine;
    (3) The names of the officers authorized to act on behalf of the 
corporation;
    (4) The percentage of the corporation's voting stock and all of the 
stock owned by aliens or those having addresses outside of the United 
States; and
    (5) The name, address, citizenship and acreage holdings of any 
stockholder owning or controlling 10 percent or more of the corporate 
stock of any class. If more than 10 percent of the stock is owned or 
controlled by or on behalf of aliens, or persons who have addresses 
outside of the United States, the corporation shall provide their names 
and addresses, the amount of stock held by each such person, and to the 
extent known to the corporation or which can be reasonably ascertained 
by it, the facts as to the citizenship of each such person. Applications 
on behalf of a corporation executed by other than an officer named under 
paragraph (c)(3) of this section shall be accompanied by proof of the 
signatory's authority to execute the instrument. The applicant shall 
submit the same information as is required in the preceding paragraph 
for any of its corporate stockholders holding, owning or controlling 10 
percent or more of its stock of any class.
    (d) To qualify as a small business for the purpose of bidding on any 
tract to be offered as part of a special opportunity lease sale for 
small businesses, the bidder shall submit evidence demonstrating 
qualification under 13 CFR part 121.
    (e) Where there is a legal guardian or trustee, the following shall 
be provided:
    (1) A copy of the court order or other document authorizing the 
guardian or trustee to act as such and to fulfill in behalf of the ward 
or beneficiary all obligations of the lease or other obligations arising 
thereunder; the person

[[Page 611]]

submitting any such document shall in some manner indicate its 
authenticity;
    (2) A statement by the guardian or trustee as to his or her 
citizenship and holdings (of acreage in Federal coal leases) in any 
capacity; i.e., individually and for the benefit of any person; and
    (3) A statement by each ward and beneficiary as to his or her 
citizenship and holdings; if the ward or beneficiary is a minor, the 
statement shall be executed for the minor by the guardian or trustee, as 
appropriate.
    (f) The Department reserves the right to request any supplementary 
information that is needed to accredit acreage under Sec. 3472.1-3 of 
this title.
    (g) Any applicant or bidder who has previously filed a qualification 
statement may, if it certifies that the prior statement remains 
complete, current and accurate, submit a serial number reference to the 
record and office where the prior statement is filed.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33150, July 30, 1982]



Sec. 3472.2-3  Signature of applicant.

    (a) Every application or bid for a lease or license to mine shall be 
signed by the applicant or bidder or by its attorney-in-fact. If 
executed by an attorney-in-fact the application or bid shall be 
accompanied by the power of attorney and the applicant's own statement 
as to citizenship and acreage holdings unless the power of attorney 
specifically authorizes and empowers the attorney-in-fact to make such 
statement or to execute all statements which may be required under these 
regulations.
    (b) If the application or bid is signed by an attorney-in-fact or 
agent, it shall be accompanied by:
    (1) A statement over the signature of the attorney-in-fact or agent; 
and
    (2) A separate statement personally signed by the applicant or 
bidder stating whether there is any agreement or undertaking, written or 
oral, whereby the attorney-in-fact or agent has or is to receive any 
interest in the lease, if issued.



Sec. 3472.2-4  Special qualifications heirs and devisees (estates).

    (a) If an applicant or bidder for a license to mine or a lease dies 
before the license to mine or lease is issued, the license or lease 
shall be issued: If the estate has not been probated, to the executor or 
administrator of the estate; if probate has been completed, or is not 
required, to the heirs or devisees; and if their are minor heirs or 
devisees, to their legal guardian or trustee.
    (b) The lease or license to mine shall not issue until the following 
information has been filed:
    (1) Where probate of the estate has not been completed:
    (i) Evidence that the person who acts as executor or administrator 
has the authority to act in that capacity and to act on the application 
or bid;
    (ii) Evidence that the heirs or devisees are the heirs or devisees 
of the deceased applicant or bidder, and are the only heirs or devisees 
of the deceased; and
    (iii) A statement over the signature of each heir or devisee 
concerning citizenship and holdings.
    (2) Where the executor or administrator has been discharged or no 
probate proceedings are required: (i) A certified copy of the will or 
decree of distribution, if any, and if not, a statement signed by the 
heirs that they are the only heirs of the applicant or bidder, and 
citing the provisions of the law of the deceased's last domicile showing 
that no probate is required; and (ii) a statement over the signature of 
each of the heirs or devisees with reference to citizenship and 
holdings, except that if the heir or devisee is a minor, the statement 
shall be over the signature of the guardian or trustee.



Sec. 3472.2-5  Special qualifications, public bodies.

    (a) To qualify to bid for a lease on a tract offered for sale under 
Sec. 3420.1-3 of this title, a public body shall submit:
    (1) Evidence of the manner in which it is organized;
    (2) Evidence that it is authorized to hold a lease;
    (3) A definite plan as described in Sec. 3420.1-3(b) to produce 
energy within 10 years of issuance of the prospective lease solely for 
its own use or for sale to its members or customers (except for short-
term sales to others); and

[[Page 612]]

    (4) Evidence that the definite plan has been duly authorized by its 
governing body.
    (b) To obtain a license to mine, a municipality shall submit with 
its application:
    (1) Evidence of the manner in which it is organized;
    (2) Evidence that it is authorized to hold a license to mine; and
    (3) Evidence that the action proposed has been duly authorized by 
its governing body.
    (c) To qualify to bid for a lease on a tract of acquired land set 
apart for military or naval purposes, a governmental entity shall 
submit:
    (1) Evidence of the manner in which it is organized, including the 
State in which it is located;
    (2) Evidence that it is authorized to hold a lease;
    (3) Evidence that the action proposed has been duly authorized by 
its own governing body; and
    (4) Evidence that it is producing electricity for sale to the public 
in the state where the lands to be leased are located.
    (d) If the material required in paragraphs (a), (b), or (c) of this 
section has previously been filed, a reference to the serial number of 
the record in which it has been filed, together with a statement as to 
any amendments, shall be accepted.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33150, July 30, 1982]



               Subpart 3473--Fees, Rentals, and Royalties



Sec. 3473.1  Payments.



Sec. 3473.1-1  Form of remittance.

    All remittances shall be by U.S. currency, postal money order or 
negotiable instrument payable in U.S. currency and shall be made payable 
to the Department of the Interior--Bureau of Land Management or the 
Department of the Interior--Minerals Management Service, as appropriate. 
In the case of payments made to the Service, such payments may also be 
made by electronic funds transfer.
[49 FR 11638, Mar. 27, 1984]



Sec. 3473.1-2  Where submitted.

    (a)(1) All first-year rentals and the first-year portions of all 
bonuses for leases issued under Group 3400 of this title shall be paid 
to the Bureau of Land Management State office having jurisdiction over 
the lands (43 CFR subpart 1821).
    (2) All second-year and subsequent rentals and deferred bonus 
amounts payable after the initial payment for leases shall be paid to 
the Service.
    (b) All royalties on producing leases, all payments under leases in 
their minimum production period, and all advance royalties shall be paid 
to the Service.
[49 FR 11638, Mar. 27, 1984, as amended at 49 FR 39330, Oct. 5, 1984]



Sec. 3473.1-3  When paid.

    First year's rental for preference right leases shall be remitted at 
the time of filing the applications. First year's rental for competitive 
leases shall be payable when required by decision. Thereafter, rental 
for all leases shall be paid in accordance with the lease provisions.



Sec. 3473.2  Fees.



Sec. 3473.2-1  General fee provisions.

    (a) (1) A filing fee of $250.00 shall accompany each application for 
a lease, exploration license or lease modification.
    (2) Each original application or any renewal application for a 
license to mine shall be accompanied by a $10.00 filing fee.
    (3) A filing of fee of $50 per lease shall accompany each instrument 
of transfer of a lease or an interest therein.
    (b) The fee shall be retained as a service charge even if the 
application is rejected or withdrawn in whole or in part. An application 
not accompanied by the filing fee will not be accepted for filing; it 
will be returned to the applicant without action.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33150, July 30, 1982]



Sec. 3473.2-2  Exemptions from fee provisions.

    No filing fee is required for:

[[Page 613]]

    (a) An application for a license to mine filed by a relief agency as 
described in subpart 3440 of this title; or
    (b) Preference right lease applications.



Sec. 3473.3  Rentals and royalties.



Sec. 3473.3-1  Rentals.

    (a) The annual rental per acre or fraction thereof on any lease 
issued or readjusted after the promulgation of this subpart shall not be 
less than $3. The amount of the rental will be specified in the lease.
    (b) Until a lease issued before August 4, 1976, is readjusted, the 
rental paid for any year shall be credited against the royalties for 
that year.
    (c) On leases issued or readjusted after August 4, 1976, rental 
payments shall not be credited against royalties.
    (d) Rentals paid for any lease year commencing prior to the 
effective date of the first lease readjustment occurring after August 4, 
1976, shall be credited against royalties for that year. Rentals due and 
payable for any lease year commencing on or after the effective date of 
the readjustment shall not be credited against royalties.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33150, July 30, 1982]



Sec. 3473.3-2  Royalties.

    (a)(1) A lease shall require payment of a royalty of not less than 
12\1/2\ percent of the value of the coal removed from a surface mine.
    (2) A lease shall require payment of a royalty of 8 percent of the 
value of coal removed from an underground mine.
    (3) The value of coal removed from a mine is defined for royalty 
purposes in Sec. 3483.4 of this title.
    (b) The royalty rates specified in paragraph (a) of this section 
shall be applied to new leases at the time of issuance and to previously 
issued leases at the time of the next scheduled readjustment of the 
lease.
    (c) The authorized officer shall have the discretion, upon the 
request of the lessee, to authorize the payment of an advance royalty in 
lieu of continued operation for any particular year in accordance with 
Sec. 3485.2 of this title.
    (d) An overriding royalty interest, production payment or similar 
interest that exceeds 50 percent of royalty first payable to the United 
States under the Federal lease, or when added to any other overriding 
royalty interest exceeds that precentage, except those created in order 
to finance a mine, shall not be created by a Federal lease transfer or 
surface owner consent. However, when an interest in a Federal lease or 
operating agreement is transferred, the transferor may retain an 
overriding royalty in excess of the above limitation if he/she shows 
that he/she has made substantial investments for improvements directly 
related to exploration, development and mining on the lands covered by 
the transfer that would justify a higher payment.
    (e) The Secretary, whenever he/she determines it necessary to 
promote development or finds that the lease cannot be successfully 
operated under its terms, may waive, suspend or reduce the rental, or 
reduce the royalty but not advance royalty, on an entire leasehold, or 
on any deposit, tract or portion thereof, except that in no case shall 
the royalty be reduced to zero percent. An application for any of these 
benefits shall be filed with the authorized officer in accordance with 
part 3480 of this title.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33151, July 30, 1982; 
50 FR 8627, Mar. 4, 1985; 55 FR 2664, Jan. 26, 1990]



Sec. 3473.4  Suspension of operations, production, and payment obligations.

    (a) Application by a lessee for relief from any operating and 
producing requirements of a lease; shall be filed in triplicate in the 
office of the Mining Supervisor in accordance with 43 CFR part 3480.
    (b) The term of any lease shall be extended by adding thereto any 
period of suspension of all operations and production during such term 
in accordance with any direction or assent of the Mining Supervisor.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33151, July 30, 1982]

[[Page 614]]



                           Subpart 3474--Bonds



Sec. 3474.1  Bonding requirements.

    (a) Before a lease may be issued, one of the following forms of 
lease bond shall be furnished:
    (1) Corporate surety bonds;
    (2) Cash bond; or
    (3) Personal lease bonds secured by negotiable U.S. bonds of a par 
value equal to the amount of the required surety bond, together with a 
power of attorney executed on a form approved by the Director.
    (b) The applicant or bidder shall file the lease bond in the proper 
office within 30 days of receiving notice. The lease bond shall be 
furnished on a form approved by the Director.
    (c) The bonding obligation for a new lease may be met by an 
adjustment to an existing LMU bond covering the other leases within the 
same LMU.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33151, July 30, 1982]



Sec. 3474.2  Type of bond required.

    (a) A lease bond for each lease, conditioned upon compliance with 
all terms and conditions of the lease, shall be furnished in the amount 
determined by the authorized officer. Except as provided in 
Sec. 3474.3(b) of this title, that bond shall not cover reclamation 
within a permit area.
    (b) For exploration licenses, a bond shall be furnished in 
accordance with Sec. 3410.3-4 of this title.
    (c)(1) Upon approval of an LMU including more than 1 Federal lease, 
the lessee may, in lieu of individual lease bonds, furnish and maintain 
an LMU bond covering all of the terms and conditions of every Federal 
lease within the LMU, except for reclamation within the mining permit 
area unless the condition in Sec. 3474.3(b) of this title applies. All 
LMU bonds shall be furnished in the amount recommended by the Mining 
Supervisor.
    (2) When an LMU is terminated, the LMU bond shall terminate. 
Individual leases remaining from the LMU shall be covered by lease bonds 
in the manner prescribed by the Mining Supervisor.
[44 FR 56340, Oct. 1, 1979, as amended at 47 FR 33151, July 30, 1982]



Sec. 3474.3  Bond conversions.

    (a) The authorized officer shall notify those leaseholders who have 
nationwide or statewide bonds at the time of issuance of this subpart of 
the requirement to secure a separate lease bond for each lease in the 
amount determined by the authorized officer to be proper and necessary.
    (b)(1) In setting or adjusting individual lease bond amounts, the 
authorized officer shall assure that the lease bond covers reclamation 
within a permit area where the Surface Mining Officer, because of the 
absence of a cooperative agreement governing Federal lands within that 
state, notifies the authorized officer that the lease bond should cover 
that reclamation.
    (2) After consultation with the Surface Mining Officer, the 
authorized officer may release the amount of any outstanding bond which 
is related to, and is not necessary to secure, the performance of 
reclamation within a permit area.
[44 FR 42643, July 19, 1979, as amended at 47 FR 33151, July 30, 1982]



Sec. 3474.4  Qualified sureties.

    A list of companies holding certificates of authority from the 
Secretary of the Treasury under the Act of July 30, 1947 (6 U.S.C. 6-14) 
as acceptable sureties on Federal bonds is published annually in the 
Federal Register.



Sec. 3474.5  Default.

    When the surety makes payment to the Government of any indebtedness 
due under a lease, the face amount of the surety bond and the surety's 
liability thereunder shall be reduced by the amount of such payment.



Sec. 3474.6  Termination of the period of liability.

    The authorized officer shall not consent to termination of the 
period of liability under the lease bond unless an acceptable substitute 
bond has been

[[Page 615]]

filed or until all terms and conditions of the lease have been 
fulfilled.



                        Subpart 3475--Lease Terms



Sec. 3475.1  Lease form.

    Leases shall be issued on a standard form approved by the Director. 
The authorized officer may modify those provisions of the standard form 
which are not required by statute or regulations and may add such 
additional stipulations and conditions as he/she deems appropriate.
[47 FR 33151, July 30, 1982]



Sec. 3475.2  Duration of leases.

    Leases shall be issued for a period of 20 years and so long 
thereafter as the condition of continued operation is met. If the 
condition of continued operation is not met the lease shall be cancelled 
as provided in Sec. 3452.2 of this title.
[44 FR 42643, July 19, 1979. Redesignated at 47 FR 33151, July 30, 1982]



Sec. 3475.3  Dating of leases.

    (a) Leases will be dated and made effective the first day of the 
month following the date signed by the authorized officer. However, upon 
receipt of a prior written request, the authorized officer may date a 
lease to be effective on the first day of the month in which it is 
signed.
    (b) Future interest leases shall become effective on the date of 
vesting of title to the minerals in the United States as stated in the 
lease.
[44 FR 42643, July 19, 1979. Redesignated at 47 FR 33151, July 30, 1982]



Sec. 3475.4  Land description.

    Compliance with Sec. 3471.1 of this title is required.
[44 FR 42643, July 19, 1979. Redesignated at 47 FR 33151, July 30, 1982]



Sec. 3475.5  Diligent development and continued operation.

    In accordance with part 3480 of this title, each lease shall 
require:
    (a) Diligent development; and
    (b) Either (1) continued operation except when operations under the 
lease are interrupted by strikes, the elements or casualties not 
attributable to the lessee, or (2) in lieu thereof, when the Secretary 
determines that the public interest will be served, payment of an 
advanced royalty.
[47 FR 33151, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]



Sec. 3475.6  Logical mining unit.

    (a) Criteria for approving or directing establishment of an LMU 
shall be developed and applied in accordance with Sec. 3487.1 of this 
title.
    (b) When a lease is included in an LMU with other Federal leases or 
with interests in non-Federal coal deposits, the terms and conditions of 
the Federal lease or leases shall be amended so that they are consistent 
with or are superseded by the requirements imposed on the LMU of which 
it has become a part.
    (c) The holder of any lease issued or readjusted between May 7, 
1976, and the effective date of this regulation, whose lease provides by 
its own terms that it is considered to be an LMU, may request removal of 
this provision from any such lease. Such request shall be submitted to 
the authorized officer.
[47 FR 33151, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]



PART 3480--COAL EXPLORATION AND MINING OPERATIONS RULES--Table of Contents




    Note 1: The information collection requirements contained in 43 CFR 
part 3480 which require the filing of forms have been approved by the 
Office of Management and Budget (OMB) under 44 U.S.C. 3507. The Coal 
Production and Royalty Report form in 30 CFR 211.62(d)(1), U.S. 
Geological Survey Form 9-373A, has been approved by OMB under 44 U.S.C. 
3507 and assigned clearance number 1028-0001.
    The information is being collected for Federal royalty accounting 
purposes. The information will be used to permit accounting and auditing 
of royalties submitted by the operators/lessees of Federal coal leases. 
The obligation to respond is mandatory for all operators/lessees of 
Federal coal leases. For nonproducing Federal leases, the report is 
required on an annual basis. For producing Federal leases, the report is 
required monthly or quarterly as specified in the Federal lease.
    The information collection requirements contained at Secs. 3481.1, 
3481.2, 3482.2, 3482.3, 3483.3, 3483.4, 3485.1, 3485.2, 3486.3 and 
3487.1 of

[[Page 616]]

this title have been approved by OMB under 44 U.S.C. 3507 and assigned 
clearance number 1028-0042. The information may be collected from some 
operators/lessees to either provide data so that proposed operations may 
be approved or to enable the monitoring of compliance with approvals 
already granted. The information will be used to grant approval to begin 
or alter operations or to allow operations to continue. The obligation 
to respond is required to obtain the benefit under the Federal lease.


    Note 2: There are many leases and agreements currently in effect, 
and which will remain in effect, involving Federal coal leases which 
specifically refer to the United States Geological Survey, USGS, 
Minerals Management Service, MMS, or Conservation Division. These leases 
and agreements also often specifically refer to various officers such as 
Supervisor, Conservation Manager, Deputy Conservation Manager, Minerals 
Manager and Deputy Minerals Manager. In addition, many leases and 
agreements specifically refer to 30 CFR part 211 or specific sections 
thereof. Those references shall now be read to refer to 43 CFR part 3480 
or to the appropriate redesignated section thereof.

   Subpart 3480--Coal Exploration and Mining Operations Rules: General

Sec.
3480.0-1  Purpose.
3480.0-4  Scope.
3480.0-5  Definitions.
3480.0-6  Responsibilities.

                    Subpart 3481--General Provisions

3481.1  General obligations of the operator/lessee.
3481.2  Procedures and public participation.
3481.3  Confidentiality.
3481.4  Temporary interruption in coal severance.
3481.4-1  Can I temporarily interrupt coal severance and still be 
          qualified as producing?
3481.4-2  What are some examples of circumstances that qualify for a 
          temporary interruption of coal severance?
3481.4-3  Does a temporary interruption in coal severance affect the 
          diligence requirements applicable to my lease or LMU?
3481.4-4  What is the aggregate amount of time I can temporarily 
          interrupt coal severance and have BLM consider my lease or LMU 
          producing?

  Subpart 3482--Exploration and Resource Recovery and Protection Plans

3482.1  Exploration and resource recovery and protection plans.
3482.2  Action on plans.
3482.3  Mining operations maps.

                  Subpart 3483--Diligence Requirements

3483.1  Diligent development and continued operation requirement.
3483.2  Termination or cancellation for failure to meet diligent 
          development and maintain continued operation.
3483.3  Suspension of continued operation or operations and production.
3483.4  Payment of advance royalty in lieu of continued operation.
3483.5  Crediting of production toward diligent development.
3483.6  Special logical mining unit rules.

                   Subpart 3484--Performance Standards

3484.1  Performance standards for exploration and surface and 
          underground mining.
3484.2  Completion of operations and permanent abandonment.

              Subpart 3485--Reports, Royalties and Records

3485.1  Reports.
3485.2  Royalties.
3485.3  Maintenance of and access to records.

           Subpart 3486--Inspection, Enforcement, and Appeals

3486.1  Inspections.
3486.2  Notices and orders.
3486.3  Enforcement.
3486.4  Appeals.

                    Subpart 3487--Logical Mining Unit

3487.1  Logical mining units.

    Authority:  30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 
U.S.C. 1461, 1733, and 1740.

    Source:  47 FR 33179, July 30, 1982, unless otherwise noted. 
Redesignated at 48 FR 41589-41594, Sept. 16, 1983.



   Subpart 3480--Coal Exploration and Mining Operations Rules: General



Sec. 3480.0-1  Purpose.

    The purposes of the rules of this part are to ensure orderly and 
efficient development, mining, preparation, and handling operations for 
Federal coal; ensure production practices that prevent wasting or loss 
of coal or other resources; avoid unnecessary damage to

[[Page 617]]

coal-bearing or mineral-bearing formations; ensure MER of Federal coal; 
ensure that operations meet requirements for diligent development and 
continued operation; ensure resource recovery and protection plans are 
submitted and approved in compliance with MLA; ensure effective and 
reasonable regulation of surface and underground coal mining operations; 
require an accurate record and accounting of all coal produced; ensure 
efficient, environmentally sound exploration and mining operations; and 
eliminate duplication of efforts by the Minerals Management Service 
(MMS), OSM, and the States in the Federal coal program.



Sec. 3480.0-4  Scope.

    The rules of this part shall govern operations for the exploration, 
development, and production of Federal coal under Federal coal leases, 
licenses, and permits, regardless of surface ownership, pursuant to the 
Mineral Leasing Act of February 25, 1920, as amended (MLA), and in 
conjunction with the rules at 43 CFR Group 3400 and 30 CFR Chapter VII. 
Included are provisions relating to resource recovery and protection, 
royalties, diligent development, continued operation, maximum economic 
recovery (MER), and logical mining units (LMU's). Except as otherwise 
provided in 25 CFR Chapter I or Indian lands leases, these rules do not 
apply to operations on Indian lands. The provisions in these rules 
relating to advance royalty, diligent development, continued operation, 
MER, and LMU's shall not apply to Indian lands, leases and permits. The 
rules governing exploration licenses for unleased Federal coal are 
codified at 43 CFR part 3410. Until final rulemaking is promulgated and 
implemented by the Office of Surface Mining Reclamation and Enforcement 
(OSM) regarding the initial Federal lands Programs, the initial Federal 
lands Program rules codified at 30 CFR part 211 (1981) shall remain in 
effect.



Sec. 3480.0-5  Definitions.

    (a) As used in the rules of this part, the following terms shall 
have the following meanings:
    (1) Advance royalty means a payment under a Federal lease in advance 
of actual production when authorized by the authorized officer to be 
made in lieu of continued operation. Payments made under the minimum 
production clause, in lieu of actual production from a Federal lease 
issued prior to August 4, 1976, and not readjusted after August 4, 1976, 
are not advance royalty under the provisions at 43 CFR 3483.4
    (2) Assistant Director for Solid Leasable Minerals means Assistant 
Director for Solid Leasable Minerals, Bureau of Land Management;
    (3) Assistant Secretary for Land and Water Resources means the 
Assistant Secretary for Land and Water Resources, Department of the 
Interior;
    (4) Chief, Division of Solid Mineral Operations means the Chief, 
Division of Solid Minerals Operations, Bureau of Land Management;
    (5) Coal reserve base shall be determined using existing published 
or unpublished information, or any combination thereof, and means the 
estimated tons of Federal coal in place contained in beds of:
    (i) Metallurgical or metallurgical-blend coal 12 inches or more 
thick; anthracite, semianthracite, bituminous, and subbituminous coal 28 
inches or more thick; and lignite 60 inches or more thick to a depth of 
500 feet below the lowest surface elevation on the Federal lease.
    (ii) Metallurgical and metallurgical-blend coal 24 inches or more 
thick; anthracite, semianthracite, bituminous and subbituminous coal 48 
inches or more thick; and lignite 84 inches or more thick occurring from 
500 to 3,000 feet below the lowest surface elevation on the Federal 
lease.
    (iii) Any thinner bed of metallurgical, anthracite, semianthracite, 
bituminous, and subbituminous coal and lignite at any horizon above 
3,000 feet below the lowest suface elevation on the Federal lease, which 
is currently being mined or for which there is evidence that such coal 
bed could be mined commercially at this time.
    (iv) Any coal at a depth greater than 3,000 feet where mining 
actually is to occur.
    (6) Commercial quantities means 1 percent of the recoverable coal 
reserves or LMU recoverable coal reserves.

[[Page 618]]

    (7) Contiguous means having at least one point in common, including 
cornering tracts. Intervening physical separations such as burn or 
outcrop lines and intervening legal separations such as rights-of-way do 
not destroy contiguity as long as legal subdivisions have at least one 
point in common.
    (8) Continued operation means the production of not less than 
commercial quantities of recoverable coal reserves in each of the first 
2 continued operation years following the achievement of diligent 
development and an average amount of not less than commercial quantities 
of recoverable coal reserves per continued operation year thereafter, 
computed on a 3-year basis consisting of the continued operation year in 
question and the 2 preceding continued operation years.
    (9) Continued operation year means the 12-month period beginning 
with the commencement of the first royalty reporting period following 
the date that diligent development is achieved and each 12-month period 
thereafter, except as suspended in accordance with 43 FR 3483.3(b).
    (10) Deputy Director for Energy and Mineral Resources means the 
Deputy Director for Energy and Mineral Resources, Bureau of Land 
Management;
    (11) Development means activities conducted by an operator/lessee, 
after approval of a permit application package, to prepare a mine for 
commercial production.
    (12) Diligent development means the production of recoverable coal 
reserves in commercial quantities prior to the end of the diligent 
development period.
    (13) Diligent development period means a 10-year period which:
    (i) For Federal leases shall begin on either--
    (A) The effective date of the Federal lease for all Federal leases 
issued after August 4, 1976; or
    (B) The effective date of the first lease readjustment after August 
4, 1976, for Federal leases issued prior to August 4, 1976; and
    (ii) For LMU's shall begin on either--
    (A) The effective approval date of the LMU, if the LMU contains a 
Federal lease issued prior to August 4, 1976, but not readjusted after 
August 4, 1976, prior to LMU approval; or
    (B) The effective date of the most recent Federal lease issuance or 
readjustment prior to LMU approval, for any LMU that does not contain a 
lease issued prior to August 4, 1976, that has not been readjusted after 
August 4, 1976, prior to LMU approval.

The diligent development period shall terminate at the end of the 
royalty reporting period in which the production of recoverable coal 
reserves in commercial quantities was achieved, or at the end of 10 
years, whichever occurs first.
    (14) Exploration means drilling, excavating, and geological, 
geophysical or geochemical surveying operations designed to obtain 
detailed data on the physical and chemical characteristics of Federal 
coal and its environment including the strata below the Federal coal, 
overburden, and strata above the Federal coal, and the hydrologic 
conditions associated with the Federal coal.
    (15) Exploration plan means a detailed plan to conduct exploration; 
it shows the location and type of exploration to be conducted, 
environmental protection procedures, present and proposed roads, and 
reclamation and abandonment procedures to be followed upon completion of 
operations.
    (16) General mining order means any numbered formal order, issued by 
the State Director, which is published in the Federal Register after 
opportunity for public comment. General Mining Orders apply to coal 
exploration, mining, and related operations.
    (17) Gross value, for the purpose of royalty calculations, means the 
unit sale or contract price times the number of units sold, subject to 
the provisions at Sec. 3485.2(g) of this title under which gross value 
is determined.
    (18) License means a license to mine coal pursuant to the provisions 
of 43 CFR part 3440, or an exploration license issued pursuant to the 
provisions of 43 CFR part 3410.
    (19) Logical mining unit (LMU) means an area of land in which the 
recoverable coal reserves can be developed in an efficient, economical, 
and orderly manner as a unit with due regard to conservation of 
recoverable coal reserves and other resources. An LMU may consist of one 
or more Federal leases and may include intervening or adjacent lands in 
which the United

[[Page 619]]

States does not own the coal. All lands in an LMU shall be under the 
effective control of a single operator/lessee, be able to be developed 
and operated as a single operation, and be contiguous.
    (20) Logical mining unit (LMU) recoverable coal reserves means the 
sum of estimated Federal and non-Federal recoverable coal reserves in 
the LMU.
    (21) Maximum economic recovery (MER) means that, based on standard 
industry operating practices, all profitable portions of a leased 
Federal coal deposit must be mined. At the times of MER determinations, 
consideration will be given to: existing proven technology; commercially 
available and economically feasible equipment; coal quality, quantity, 
and marketability; safety, exploration, operating, processing, and 
transportation costs; and compliance with applicable laws and 
regulations. The requirement of MER does not restrict the authority of 
the authorized officer to ensure the conservation of the recoverable 
coal reserves and other resources and to prevent the wasting of coal.
    (22) Methods of operation means the methods and manner, described in 
an exploration or resource recovery and protection plan, by which 
exploration, development, or mining activities are to be performed by 
the operator/lessee.
    (23) Minable reserve base means that portion of the coal reserve 
base which is commercially minable and includes all coal that will be 
left, such as in pillars, fenders, or property barriers. Other areas 
where mining is not permissible (including, but not limited to, areas 
classified as unsuitable for coal mining operations) shall be excluded 
from the minable reserve base.
    (24) Mine means an underground or surface excavation or series of 
excavations and the surface or underground support facilities that 
contribute directly or indirectly to mining, production, preparation, 
and handling of coal.
    (25) MLA means the Act of February 25, 1920, as amended, commonly 
referred to as the Mineral Leasing Act and codified at 30 U.S.C. 181, et 
seq., and the Mineral Leasing Act for Acquired Lands, as amended, 30 
U.S.C. 351-359.
    (26) Notice of availability means formal notification by the 
authorized officer to: appropriate Federal, State, and local government 
agencies; to the surface and mineral owners; and to the public in 
accordance with 43 CFR 3481.2.
    (27) Operator/lessee means lessee, licensee, and/or one conducting 
operations on a Federal lease or license under a written contract or 
written agreement with the lessee or licensee.
    (28) Permanent abandonment of exploration operations means the 
completion of all activities conducted under an approved exploration 
plan, including plugging of all drill holes, submission of required 
records, and reclamation of all disturbed surfaces.
    (29) Permanent abandonment of mining operations means the completion 
of all development, production, and resource recovery and protection 
requirements conducted under an approved resource recovery and 
protection plan, including satisfaction of all Federal rental and 
royalty requirements.
    (30) Preparation means any physical or chemical treatment to prepare 
coal for market. Treatment may include crushing, sizing, drying, mixing, 
or other processing, and removal of noncoal waste such as bone or other 
impurities to enhance the quality and therefore the value of the coal.
    (31) Production means mining of recoverable coal reserves and/or 
commercial byproducts from a mine using surface, underground, auger, or 
in situ methods.
    (32) Recoverable coal reserves means the minable reserve base 
excluding all coal that will be left, such as in pillars, fenders, and 
property barriers.
    (33) Resource recovery and protection includes practices to: recover 
efficiently the recoverable coal reserves subject to these rules; avoid 
wasting or loss of coal or other resources; prevent damage to or 
degradation of coal-bearing or mineral-bearing formations; ensure MER of 
the Federal coal; and ensure that other resources are protected during 
exploration, development, and mining, and upon abandonment.
    (34) Resource recovery and protection plan means a plan showing that 
the proposed operation meets the requirements of MLA for development, 
production, resource recovery and protection, diligent development, 
continued

[[Page 620]]

operation, MER, and the rules of this part for the life-of-the-mine.
    (35) State Director means an employee of the Bureau of Land 
Management who has been designated as the chief administrative officer 
of one of the Bureau's 12 administrative areas designated as ``States''.
    (36) Subsidence means a lowering of surface elevations over an 
underground mine caused by loss of support and subsequent settling or 
caving of strata lying above the mine.
    (b) The following shall have the meanings as defined at 30 CFR 
Chapter VII:

Alluvial valley floors
Federal Lands Program
Ground water
Indian lands
Overburden
Permit
Permit application
Permit application package
Permit area
Regulatory authority
Roads
Spoil
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated 
and amended at 48 FR 41589, 41590, Sept. 16, 1983]



Sec. 3480.0-6  Responsibilities.

    (a) Responsibilities of other Federal Agencies--(1) Office of 
Surface Mining Reclamation and Enforcement. The responsibility for 
administration of the Surface Mining Control and Reclamation Act of 1977 
(SMCRA) (30 U.S.C. 1201, et seq.) is vested in OSM.
    (2) Mine Safety and Health Administration. The responsibility for 
enforcement of the Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 742), and the coal mine health and safety rules 
contained in Chapter I of this title are vested in the Mine Safety and 
Health Administration, Department of Labor.
    (3) Bureau of Land Management. The responsibility for the issuance 
of exploration licenses for unleased Federal coal, the issuance of 
licenses to mine, and the issuance, readjustment, modification, 
termination, cancellation, and/or approval of transfers of Federal coal 
leases pursuant to MLA, as amended, is vested in the Bureau of Land 
Management.
    (b) The BLM has the general responsibility to administer MLA with 
respect to coal mining, production, and resource recovery and protection 
operations on Federal coal leases and licenses, and to supervise 
exploration operations for Federal coal.
    (c) Subject to the supervisory authority of the Secretary, the rules 
of this part shall be administered by BLM through the Director; Deputy 
Director for Energy and Mineral Resources; Chief, Division of Solid 
Mineral Operations; State Director and authorized officer.
    (d) The authorized officer is empowered to oversee exploration, 
development, production, resource recovery and protection, diligent 
development, continued operation, preparation, handling, product 
verification, and abandonment operations subject to the rules of this 
part, and shall be responsible for the following:
    (1) Exploration plans. Approve, disapprove, approve upon 
condition(s), or require modification to exploration plans for Federal 
coal.
    (2) Resource recovery and protection plans. Recommend to the 
Assistant Secretary for Energy and Minerals the approval, disapproval, 
or approval upon condition(s) of resource recovery and protection plans.
    (3) LMU applications. Approve, disapprove, or approve upon 
condition(s) LMU applications or modifications thereto; direct the 
establishment of LMU's in the interest of conservation of recoverable 
coal reserves and other resources; conduct public hearings on LMU 
applications, as appropriate, recommend amendments to Federal lease 
terms when determined necessary to ensure consistency with LMU 
stipulations; monitor and ensure compliance with LMU stipulations and 
the rules of this part; and require reports and information for the 
establishment of an LMU.
    (4) Inspection of operations. Examine as frequently as necessary, 
but at least quarterly, federally leased or licensed lands where 
operations for exploration, development, production, preparation, and 
handling of coal are conducted or are to be conducted; inspect such 
operations for product verification, resource recovery and protection, 
MER,

[[Page 621]]

diligent development and continued operation; inspect such operations 
for the purpose of determining whether wasting or degradation of other 
resources or damage to formations and deposits or nonmineral resources 
affected by the operations is being avoided or minimized; and determine 
whether there is compliance with all provisions of applicable laws, 
rules, and orders, all terms and conditions of Federal leases and 
licenses, and all requirements of approved exploration or resource 
recovery and protection plans.
    (5) Compliance. Require operators/lessees to conduct operations 
subject to the rules of this part in compliance with all provisions of 
applicable laws, rules, and orders, all terms and conditions of Federal 
leases and licenses under MLA requirements, and approved exploration or 
resource recovery and protection plans for requirements of production, 
development, resource recovery and protection, MER, diligent development 
and continued operation upon commencement of production.
    (6) Waiver, suspension, or reduction of rentals, or reduction of 
royalties. Receive and act on applications for waiver, suspension, or 
reduction of rentals, and receive and act on applications for reduction 
of royalties, but not advance royalty, filed pursuant to the rules of 
this part.
    (7) Extensions or suspensions. Receive and act on applications for 
extensions or suspensions filed in accordance with 43 CFR 3483.2 and, 
when appropriate, terminate extensions or suspensions that have been 
granted, provided that approval of an extension or a suspension shall 
not preclude the regulatory authority from requiring the operator/lessee 
to continue to comply with the reclamation requirements of 30 CFR 
Chapter VII, Subchapter K, or an approved State program.
    (8) Cessation and abandonment. Upon receipt of notice of proposed 
abandonment or upon relinquishment of a Federal lease, in accordance 
with 43 CFR 3452.1-2, or Federal license, in accordance with 43 CFR 
3410.3-1(d), the authorized officer shall conduct an inspection to 
determine whether the applicable exploration, development, production, 
resource recovery and protection, and abandonment requirements of the 
Federal lease or license have been met. Relinquishment or abandonment of 
a Federal lease shall not preclude the regulatory authority from 
requiring the operator/lessee to comply with the reclamation 
requirements of 30 CFR Chapter VII, Subchapter K, or an approved State 
program.
    (9) Exploration drill holes. Prescribe or approve the methods for 
protecting coal-bearing formations from damage or contamination that 
might occur as a result of any holes drilled to, or through, the coal-
bearing formations for any purpose under an approved exploration plan.
    (10) Trespass. Report to the responsible officer of the surface 
managing agency, with a copy to the regulatory authority, any trespass 
on Federal lands that involves exploration activities or removal of 
unleased Federal coal, determine the quantity and quality of coal 
removed, and recommend the amount of trespass damages.
    (11) Water and air quality. Inspect exploration operations to 
determine compliance with air and surface and ground water pollution 
control measures required by Federal statutes as implemented by the 
terms and conditions of applicable Federal leases, licenses or approved 
exploration plans, and promptly notify appropriate representatives of 
the regulatory authority and Federal Agencies in the event of any 
noncompliance.
    (12) Implementation of rules. Issue General Mining Orders and other 
orders for enforcement, make determinations, and grant consents and 
approvals as necessary to implement or ensure compliance with the rules 
of this part. Any oral orders, approvals, or consents shall be promptly 
confirmed in writing.
    (13) Lease bonds. (i) Determine whether the total amount of Federal 
lease bond with respect to operations under the rules of this part is 
adequate at all times to satisfy the reclamation requirements of the 
exploration plan.
    (ii) Determine whether the total amount of any bond furnished with 
respect to operations subject to the rules of this part is at all times 
adequate to satisfy the requirements of the Federal lease or license 
relating to exploration,

[[Page 622]]

development, production, resource recovery and protection, and shall 
determine if the bond amount is adequate to satisfy any payments of 
rentals on producing Federal leases and payments of Federal royalties.
    (iii) Notify the responsible officer of the surface managing agency 
of determinations under (c)(13) (i) and (ii) of this section.
[47 FR 33179, July 30, 1982. Redesignated and amended at 48 FR 41589, 
41590, Sept. 16, 1983]



                    Subpart 3481--General Provisions



Sec. 3481.1  General obligations of the operator/lessee.

    (a) The operator/lessee shall conduct exploration activities, 
reclamation, and abandonment of exploration operations for Federal coal 
pursuant to the performance standards of the rules of this part, 
applicable requirements of 30 CFR 815.15 (OSM permanent performance 
standards for coal exploration) or an approved State program, any 
Federal lease or license terms and/or conditions, the requirements of 
the approved exploration plan, and orders issued by the authorized 
officer.
    (b) The operator/lessee shall conduct surface and underground coal 
mining operations involving development, production, resource recovery 
and protection, and preparation and handling of coal in accordance with 
the rules of this part, terms and conditions of the Federal leases or 
licenses, the approved resource recovery and protection plan, and any 
orders issued by the authorized officer.
    (c) The operator/lessee shall prevent wasting of coal and other 
resources during exploration, development, and production and shall 
adequately protect the recoverable coal reserves and other resources 
upon abandonment.
    (d) The operator/lessee shall immediately report to the authorized 
officer any conditions or accidents causing severe injury or loss of 
life that could affect mining operations conducted under the resource 
recovery and protection plan or threaten significant loss of recoverable 
coal reserves or damage to the mine, the lands, or other resources, 
including, but not limited to, fires, bumps, squeezes, highwall caving, 
landslides, inundation of mine with water, and gas outbursts, including 
corrective action initiated or recommended. Within 30 days after such 
accident, the operator/lessee shall submit a detailed report of damage 
caused by such accident and of the corrective action taken.
    (e) The principal point of contact for the operator/lessee with 
respect to any requirement of the rules of this part shall be the 
authorized officer. All reports, plans, or other information required by 
the rules of this part shall be submitted to the authorized officer.
    (f) The operator/lessee shall provide the authorized officer free 
access to the Federal premises.
[47 FR 33179, July 30, 1982. Redesignated and amended at 48 FR 41589, 
41590, Sept. 16, 1983]



Sec. 3481.2  Procedures and public participation.

    (a) Written findings. All major decisions and determinations of the 
State Director and District Manager shall be in writing; shall set forth 
with reasonable detail the facts and rationale upon which such decisions 
or determinations are based; and shall be available for public 
inspection, pursuant to Sec. 3481.3 of this title, during normal 
business hours at the appropriate office.
    (b) Logical mining units (LMU's)--(1) Availability of LMU proposals. 
Applications for the approval of an LMU or modification thereto 
submitted under Sec. 3487.1 of this title, or a proposal by the 
authorized officer to establish an LMU, shall be available for public 
inspection, pursuant to Sec. 3481.3 of this title, in the office of the 
authorized officer. A notice of the availability of any proposed LMU or 
modification thereto shall be prepared immediately by the authorized 
officer, promptly posted at his office, and mailed to the surface and 
coal owners, if other than the United States; appropriate State and 
Federal Agencies; and the clerk or other appropriate officer of the 
county in which the proposed LMU is located. The notice will be posted 
or published in accordance with the procedures of such offices. The 
notice shall be submitted by the authorized officer to a local newspaper 
of general circulation in the locality of the proposed LMU for 
publication at least once a week for 2 weeks consecutively.

[[Page 623]]

    (2) Notice of proposed decision. Prior to the final approval or 
establishment of any LMU, the authorized officer shall have the proposed 
decision published in a local newspaper of general circulation in the 
locality of the proposed LMU at least once a week for 2 weeks 
consecutively and shall not approve the application for at least 30 days 
after the first publication of the proposed decision. Such notice may be 
published concurrently with the notice of availability.
    (3) Public participation. A public hearing shall be conducted upon 
the receipt by the authorized officer of a written request for a hearing 
from any person having a direct interest which is or may be affected 
adversely by approval of the proposed LMU, provided that the written 
request is received within 30 days after the first publication of the 
notice of proposed decision in a newspaper of general circulation in the 
locality of the proposed LMU. A complete transcript of any such public 
hearing, including any written comments submitted for the record, shall 
be kept and made available to the public during normal business hours at 
the office of the authorized officer that held the hearing, and shall be 
furnished at cost to any interested party. In making any decision or 
taking any action subsequent to such public hearing, the authorized 
officer shall take into account all testimony presented at the public 
hearing.



Sec. 3481.3  Confidentiality.

    (a) Information on file with MMS obtained pursuant to the rules of 
this part or part 3400 of this title shall be open for public inspection 
and copying during regular office hours upon a written request, pursuant 
to rules at 43 CFR part 2, except that:
    (1) Information such as geologic and geophysical data and maps 
pertaining to Federal recoverable coal reserves obtained from 
exploration licensees under the rules of this part or part 3410 of this 
title shall not be disclosed except as provided in 43 CFR 2.20(c).
    (2) Information obtained from an operator/lessee under the rules of 
this part that constitutes trade secrets and commercial or financial 
information which is privileged or confidential or other information 
that may be withheld under the Freedom of Information Act (5 U.S.C. 
552(b)), such as geologic and geophysical data and maps, shall not be 
available for public inspection or made public or disclosed without the 
consent of the operator/lessee.
    (3) Upon termination of a Federal lease, such geologic and 
geophysical data and maps shall be made available to the public.
    (4) Upon issuance or readjustment of a Federal lease, the estimated 
Federal recoverable coal reserves figure shall not be made available to 
the public unless such a release has been included as a Federal lease 
term.
    (b) Information requested by the operator/lessee to be kept 
confidential under this section shall be clearly marked ``CONFIDENTIAL 
INFORMATION.'' All pages so marked shall be physically separated from 
other portions of the submitted materials. All information not marked 
``CONFIDENTIAL INFORMATION'' will be available for public inspection, 
except as stated at paragraph (a) of this section for data submitted 
prior to August 30, 1982.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated 
and amended at 48 FR 41589, 41590, Sept. 16, 1983]



3481.4  Temporary interruption in coal severance.



3481.4-1  Can I temporarily interrupt coal severance and still be qualified as producing?

    Yes, a temporary interruption in coal severance allows you (the 
lessee/operator) to halt the extraction of coal for a limited period of 
time without jeopardizing your qualifications under section (2)(a)(2)(A) 
of MLA to receive additional leases. During the period of a temporary 
interruption in coal severance, BLM still considers you lease or LMU to 
be producing so as not to preclude you from receiving a new or 
transferred lease.
[62 FR 44370, Aug. 20, 1997]

[[Page 624]]



3481.4-2  What are some examples or circumstances that qualify for a temporary interruption of coal severance?

    (a) Movement, failure, or repair of major equipment, such as 
draglines or longwalls; overburden removal; adverse weather; employee 
absences;
    (b) Inability to sever coal due to orders issued by governmental 
authorities for cessation or relocation of the coal severance 
operations; and
    (c) Inability to sell or distribute coal severed from the lease or 
LMU out of or away from the lease or LMU.
[62 FR 44370, Aug. 20, 1997]



3481.4-3  Does a temporary interruption in coal severance affect the diligence requriements applicable to my lease or LMU?

    No, a temporary interruption in coal severance covered by 
Secs. 3481.4-1 to 3481.4-4 does not change the diligence requirements of 
subpart 3483 applicable to your lease or LMU.
[62 FR 44370, Aug. 20, 1997]



3481.4-4  What is the aggregate amount of time I can temporarily interrupt coal severance and have BLM consider my lease or LMU producing?

    (a) If you (the lessee/operator) want BLM to consider your lease or 
LMU to be producing, the aggregate of all temporary interruptions in 
coal severance from your lease or LMU must not exceed 1 year in the 5-
consecutive-year period immediately preceding the date of BLM's 
determination of lessee qualifications under Sec. 3472.1-2 of this 
chapter.
    (b) BLM will not count toward the aggregate interruption limit 
described in paragraph (a) of this section:
    (1) Any interruption in coal severance that is 14 days or less in 
duration;
    (2) Any suspension granted under Sec. 3483.3 of this part; and
    (3) Any BLM-approved suspension of the requirements of Sec. 3472.1-
2(e)(1) of this part for reasons of strikes, the elements, or casualties 
not attributable to the operator/lessee before diligent development is 
achieved.
[62 FR 44370, Aug. 20, 1997]



  Subpart 3482--Exploration and Resource Recovery and Protection Plans



Sec. 3482.1  Exploration and resource recovery and protection plans.

    (a) Exploration plans. For background and application procedures for 
exploration licenses for unleased Federal coal, see 43 CFR part 3410. 
For background and application procedures for exploration for Federal 
coal within an approved permit area after mining operations have 
commenced, see 30 CFR Chapter VII. For any other exploration for Federal 
coal prior to commencement of mining operations, the following rules 
apply:
    (1) Except for casual use, before conducting any exploration 
operations on federally leased or licensed lands, the operator/lessee 
shall submit an exploration plan to and obtain approval from the 
authorized officer. Casual use, as used in this paragraph, means 
activities which do not cause appreciable surface distrubance or damage 
to lands or other resources and improvements. Casual use does not 
include use of heavy equipment or explosives or vehicular movement off 
established roads and trails.
    (2) The operator/lessee shall submit five copies of exploration 
plans to the authorized officer. Exploration plans shall be consistent 
with and responsive to the requirements of the Federal lease or license 
for the protection of recoverable coal reserves and other resources and 
for the reclamation of the surface of the lands affected by the 
operations. The exploration plan shall show that reclamation is an 
integral part of the proposed operations and that reclamation will 
progress as contemporaneously as practicable with such operations.
    (3) Exploration plans shall contain all of the following:
    (i) The name, address, and telephone number of the applicant, and, 
if applicable, the operator/lessee of record.
    (ii) The name, address, and telephone number of the representative 
of the applicant who will be present during and be responsible for 
conducting the exploration.

[[Page 625]]

    (iii) A narrative description of the proposed exploration area, 
cross-referenced to the map required under paragraph (a)(3)(viii) of 
this section, including applicable Federal lease and license serial 
numbers; surface topography; geologic, surface water, and other physical 
features; vegetative cover; endangered or threatened species listed 
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531, et 
seq.); districts, sites, buildings, structures, or objects listed on, or 
eligible for listing on, the National Register of Historic Places; and 
known cultural or archeological resources located within the proposed 
exploration area.
    (iv) A narrative description of the methods to be used to conduct 
coal exploration, reclamation, and abandonment of operations including, 
but not limited to--
    (A) The types, sizes, numbers, capacity, and uses of equipment for 
drilling and blasting, and road or other access route construction;
    (B) Excavated earth- or debris-disposal activities;
    (C) The proposed method for plugging drill holes;
    (D) Estimated size and depth of drill holes, trenches, and test 
pits; and,
    (E) Plans for transfer and modification of exploration drill holes 
to be used as surveillance, monitoring, or water wells.
    (v) An estimated timetable for conducting and completing each phase 
of the exploration, drilling, and reclamation.
    (vi) The estimated amounts of coal to be removed during exploration, 
a description of the method to be used to determine those amounts, and 
the proposed use of the coal removed.
    (vii) A description of the measures to be used during exploration 
for Federal coal to comply with the performance standards for 
exploration (Sec. 3484.1(a) of this title) and applicable requirements 
of 30 CFR 815.15 or an approved State program.
    (viii) A map at a scale of 1:24,000 or larger showing the areas of 
land to be affected by the proposed exploration and reclamation. The map 
shall show existing roads, occupied dwellings, and pipelines; proposed 
location of trenches, roads, and other access routes and structures to 
be constructed; applicable Federal lease and license boundaries; the 
location of land excavations to be conducted; coal exploratory holes to 
be drilled or altered; earth- or debris-disposal areas; existing bodies 
of surface water; and topographic and drainage features.
    (ix) The name and address of the owner of record of the surface 
land, if other than the United States. If the surface is owned by a 
person other than the applicant or if the Federal coal is leased to a 
person other than the applicant, a description of the basis upon which 
the applicant claims the right to enter that land for the purpose of 
conducting exploration and reclamation.
    (x) Such other data as may be required by the authorized officer.
    (b) Resource recovery and protection plans. Before conducting any 
Federal coal development or mining operations on Federal leases or 
licenses, the operator/lessee shall submit and obtain approval of a 
resource recovery and protection plan, unless a current resource 
recovery and protection plan has been approved prior to August 30, 1982. 
If the resource recovery and protection plan is submitted solely to meet 
the MLA 3-year submittal requirement, the resource recovery and 
protection plan shall be submitted to the authorized officer. Upon 
receipt of a resource recovery and protection plan, the authorized 
officer will review such plan for completeness and for compliance with 
MLA. Prior to commencement of any coal development or mining operations 
on a Federal lease or license, a permit application package containing, 
among other documents, a resource recovery and protection plan and a 
permit application shall be submitted to the regulatory authority. On 
any Federal lease issued after August 4, 1976, MLA requires that a 
resource recovery and protection plan shall be submitted no later than 3 
years after the effective date of the Federal lease. On any Federal 
lease issued prior to August 4, 1976, MLA requires that a resource 
recovery and protection plan shall be submitted no later than 3 years 
after the effective date of the first lease readjustment after August 4, 
1976, or the effective date of the operator/lessee's election provided 
for at Sec. 3483.1(b)(1) of this

[[Page 626]]

title, unless a current resource recovery and protection plan has been 
approved. Any resource recovery and protection plan submitted but not 
approved as of August 30, 1982, shall be revised to comply with these 
rules. A resource recovery and protection plan for an LMU shall be 
submitted to the authorized officer as provided in Sec. 3487.1(e)(1) of 
this title.
    (c) The authorized officer may contact directly operators/lessees 
regarding MLA requirements. The resource recovery and protection plan 
shall contain all the requirements pursuant to MLA for the life-of-the-
mine and, unless previously submitted in an LMU application or as 
directed by the authorized officer, shall include all of the following:
    (1) Names, addresses, and telephone numbers of persons responsible 
for operations to be conducted under the approved plan to whom notices 
and orders are to be delivered; names and addresses of operators/
lessees; Federal lease serial numbers; Federal license serial numbers, 
if appropriate; and names and addresses of surface and subsurface coal 
or other mineral owners of record, if other than the United States.
    (2) A general description of geologic conditions and mineral 
resources, with appropriate maps, within the area where mining is to be 
conducted.
    (3) A description of the proposed mining operation, including:
    (i) Sufficient coal analyses to determine the quality of the minable 
reserve base in terms including, but not limited to, Btu content on an 
as-received basis, ash, moisture, sulphur, volatile matter, and fixed 
carbon content.
    (ii) The methods of mining and/or variation of methods, basic mining 
equipment and mining factors including, but not limited to, mining 
sequence, production rate, estimated recovery factors, stripping ratios, 
highwall limits, and number of acres to be affected.
    (iii) An estimate of the coal reserve base, minable reserve base, 
and recoverable coal reserves for each Federal lease included in the 
resource recovery and protection plan. If the resource recovery and 
protection plan covers an LMU, recoverable coal reserves will also be 
reported for the non-Federal lands included in the resource recovery and 
protection plan.
    (iv) The method of abandonment of operations proposed to protect the 
unmined recoverable coal reserves and other resources.
    (4) Maps and cross sections, as follows:
    (i) A plan map of the area to be mined showing the following--
    (A) Federal lease boundaries and serial numbers;
    (B) LMU boundaries, if applicable;
    (C) Surface improvements, and surface ownership and boundaries;
    (D) Coal outcrop showing dips and strikes; and,
    (E) Locations of existing and abandoned surface and underground 
mines.
    (ii) Isopach maps of each coal bed to be mined and the overburden 
and interburden.
    (iii) Typical structure cross sections showing all coal contained in 
the coal reserve base.
    (iv) General layout of proposed surface or strip mine showing--
    (A) Planned sequence of mining by year for the first 5 years, 
thereafter in 5-year increments for the remainder of mine life;
    (B) Location and width of coal fenders; and,
    (C) Cross sections of typical pits showing highwall and spoil 
configuration, fenders, if any, and coal beds.
    (v) General layout of proposed underground mine showing--
    (A) Planned sequence of mining by year for the first 5 years, 
thereafter in 5-year increments for the remainder of mine life;
    (B) Location of shafts, slopes, main development entries and barrier 
pillars, panel development, bleeder entries, and permanent barrier 
pillars;
    (C) Location of areas where pillars will be left and an explanation 
why these pillars will not be mined;
    (D) A sketch of a typical entry system for main development and 
panel development entries showing centerline distances between entries 
and crosscuts;
    (E) A sketch of typical panel recovery (e.g., room and pillar, 
longwall, or other mining method) showing, by

[[Page 627]]

numbering such mining, the sequence of development and retreat; and,
    (vi) For auger mining--
    (A) A plan map showing the area to be auger mined and location of 
pillars to be left to allow access to deeper coal;
    (B) A sketch showing details of operations including coal bed 
thickness, auger hole spacing, diameter of holes and depth or length of 
auger holes.
    (5) A general reclamation schedule for the life-of-the-mine. This 
should not be construed as meaning duplication of a permit application 
in a permit application package under SMCRA. The resource recovery and 
protection plan may cross-reference, as appropriate, a permit 
application submitted under SMCRA to fulfill this requirement.
    (6) Any required data which are clearly duplicated in other 
submittals to the regulatory authority or Mine Safety and Health 
Administration may be used to fulfill the requirements of the above 
paragraphs provided that the cross-reference is clearly stated. A copy 
of the relevant portion of such submittals must be included in the 
resource recovery and protection plan.
    (7) Explanation of how MER of the Federal coal will be achieved for 
the Federal coal leases included in the resource recovery and protection 
plan. If a coal bed, or portion thereof, is not to be mined or is to be 
rendered unminable by the operation, the operator/lessee shall submit 
appropriate justification to the authorized officer for approval.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3482.2  Action on plans.

    (a)(1) Exploration plans. The authorized officer after evaluating a 
proposed exploration plan and all comments received thereon, and after 
consultation with the responsible officer of the surface managing 
agency, and with the regulatory authority when exploration is to be 
conducted within an approved permit area prior to commencement of mining 
operations, shall promptly approve or disapprove in writing an 
exploration plan. In approving an exploration plan, the authorized 
officer shall determine that the exploration plan complies with the 
rules of this part, applicable requirements of 30 CFR 815.15 or an 
approved State program, and any Federal lease or license terms and/or 
conditions. Reclamation must be accomplished as set forth in the 
exploration plan. The authorized officer may impose additional 
conditions to conform to the rules of this part. In disapproving an 
exploration plan, the authorized officer shall state what modifications, 
if any, are necessary to achieve such conformity. No exploration plan 
shall be approved unless the bond, executed pursuant to the provisions 
of 43 CFR part 3474 or 43 CFR part 3410, has been determined by the 
responsible officer of the surface managing agency to be adequate. When 
the land involved in the exploration plan is under the surface 
management jurisdiction of an agency other than DOI, that other agency 
must concur with the approval terms of the exploration plan.
    (2) Resource recovery and protection plans. No resource recovery and 
protection plan or modification thereto shall be approved which is not 
in conformance with the rules of this part, any Federal lease or license 
terms and/or conditions, and is not found to achieve MER of the Federal 
coal within an LMU or Federal lease issued or readjusted after August 4, 
1976. The determination of MER shall be made by the authorized officer 
based on review of the resource recovery and protection plan. No 
resource recovery and protection plan shall be approved prior to the 
filing of a complete permit application package and unless the Federal 
lease bond, executed pursuant to the provisions of 43 CFR part 3474 has 
been determined by the authorized officer to be adequate.
    (3) Recoverable coal reserves estimates. For all Federal coal leases 
issued or readjusted after August 4, 1976, the recoverable coal reserves 
or LMU recoverable coal reserves shall be those estimated by the 
authorized officer as of the date of approval of the resource recovery 
and protection plan, or the date of approval of any existing mining plan 
as defined at 30 CFR 740.5 (1981). If an

[[Page 628]]

operator/lessee credits production toward diligent development in 
accordance with Sec. 3483.5 of this title, such credits shall be 
included in the recoverable coal reserves or LMU recoverable coal 
reserves estimates. The estimate of recoverable coal reserves or LMU 
recoverable coal reserves may only be revised as new information becomes 
available. Estimates of recoverable coal reserves or LMU recoverable 
coal reserves shall not be reduced due to any production after the 
original estimate made by the authorized officer.
    (b) Changes in plans by authorized officer. (1) Approved exploration 
plans may be required to be revised or supplemented at any time by the 
authorized officer, after consultation with the operator/lessee and the 
responsible officer of the surface managing agency as necessary, to 
adjust to changed conditions, to correct oversights, or to reflect 
changes in legal requirements.
    (2) The authorized officer, pursuant to MLA, may require approved 
resource recovery and protection plans to be revised or supplemented 
reasonably for modifications, after consultation with the operator/
lessee and the regulatory authority as necessary, to adjust to changed 
conditions, to correct oversights, or to reflect changes in legal 
requirements. Such revisions shall be made in writing, as appropriate, 
and the authorized officer shall submit a copy to the regulatory 
authority.
    (c) Changes in plans by operator/lessee. (1) The operator/lessee may 
propose modifications to an approved exploration plan and shall submit a 
written statement of the proposed change and its justification to the 
authorized officer. The authorized officer shall promptly approve or 
disapprove in writing any such modifications, after consultation with 
the responsible officer of the managing agency and the regulatory 
authority as necessary, or specify conditions under which they would be 
acceptable.
    (2) The operator/lessee may propose modifications to an approved 
resource recovery and protection plan for any requirements under MLA, 
and shall submit a written statement of the proposed change and its 
justification to the authorized officer. The authorized officer shall 
promptly approve or disapprove in writing any such modifications, after 
consultation with the regulatory authority as necessary, or specify 
conditions under which they would be acceptable. Upon approval of 
modifications, the authorized officer shall submit a copy to the 
regulatory authority.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3482.3  Mining operations maps.

    (a) General requirements. Upon commencement of mining operations, 
the operator/lessee shall maintain accurate and up-to-date maps of the 
mine, drawn to scales acceptable to the authorized officer. Before a 
mine or section of a mine is abandoned, closed, or made inaccessible, a 
survey of the mine or section shall be made by the operator/lessee and 
recorded on such maps. All excavations in each separate coal bed shall 
be shown in such a manner that the production of coal for any royalty 
reporting period can be accurately ascertained. Additionally, the maps 
shall show the name of the mine; name of the operator/lessee; Federal 
lease or license serial number(s); permit number; Federal lease and 
permit boundary lines; surface buildings; dip of the coal bed(s); true 
north; map scale; map explanation; location, diameter, and depth of 
auger holes; improvements; topography, including subsidence resulting 
from mining; geologic conditions as determined from outcrops, drill 
holes, exploration, or mining; any unusual geologic or other occurrences 
such as dikes, faults, splits, unusual water occurrences, or other 
conditions that may influence MER; and other information that the 
authorized officer may request. Copies of such maps shall be properly 
posted to date and furnished, in duplicate, to the authorized officer 
annually, or at such other times as the authorized officer requests. 
Copies of any maps, normally submitted to the regulatory authority, Mine 
Safety and Health Administration, or other State or Federal Agencies, 
that show all of the specific data required by this paragraph or 
paragraphs (b), (c), and (d) of this section shall be acceptable in 
fulfilling these requirements.

[[Page 629]]

    (b) Underground mine maps. Underground mine maps, in addition to the 
general requirements of paragraph (a) of this section, shall show all 
mine workings; the date of extension of the mine workings; an 
illustrative coal section at the face of each working unit; location of 
all surface mine fans; ventilation stoppings, doors, overcasts, 
undercasts, permanent seals, and regulators; direction of the 
ventilating current in the various parts of the mine at the time of 
making the latest surveys; sealed areas; known bodies of standing water 
in other mine workings, either in, above, or below the active workings 
of the mine; areas affected by squeezes; elevations of surface and 
underground levels of all shafts, slopes, or drifts, and elevation of 
the floor, bottom of the mine workings, or mine survey stations in the 
roof at regular intervals in main entries, panels, or sections; and sump 
areas. Any maps submitted to the regulatory authority to be used to 
monitor subsidence shall also be submitted to the authorized officer.
    (c) Surface mine maps. Surface mine maps, in addition to the general 
requirements of paragraph (a) of this section, shall include the date of 
extension of the mine workings and a detailed stratigraphic section at 
intervals specified in the approved resource recovery and protection 
plan. Such maps shall show areas from which coal has been removed; the 
highwall; fenders; uncovered, but unmined, coal beds; and elevation of 
the top of the coal beds.
    (d) Vertical projections and cross sections of mine workings. When 
required by the authorized officer, vertical projections and cross 
sections shall accompany plan views.
    (e) Accuracy of maps. The accuracy of maps furnished shall meet 
standards acceptable to the authorized officer and shall be certified by 
a professional engineer, professional land surveyor, or other such 
professionally qualified person.
    (f) Liability of operator/lessee for expense of survey. If the 
operator/lessee fails to furnish a required or requested map within a 
reasonable time, the authorized officer, if necessary, shall employ a 
professionally qualified person to make the required survey and map, the 
cost of which shall be charged to, and promptly paid by, the operator/
lessee.
    (g) Incorrect maps. If any map submitted by an operator/lessee is 
believed to be incorrect, and the operator/lessee cannot verify the map 
or supply a corrected map, the authorized officer may employ a 
professionally qualified person to make a survey and any necessary maps. 
If the survey shows the maps submitted by the operator/lessee to be 
substantially incorrect, in whole or in part, the cost of making the 
survey and preparing the maps shall be charged to, and promptly paid by, 
the operator/lessee.



                  Subpart 3483--Diligence Requirements



Sec. 3483.1  Diligent development and continued operation requirement.

    (a) General requirements. (1) Except as provided at paragraph (b) of 
this section, each Federal coal lease and LMU is required to achieve 
diligent development.
    (2) Once the operator/lessee of a Federal coal lease or LMU has 
achieved diligent development, the operator/lessee shall maintain 
continued operation on the Federal lease or LMU for every continued 
operation year thereafter, except as provided in Sec. 3483.3 of this 
title.
    (b) Federal coal leases issued prior to August 4, 1976, until the 
first readjustment of the lease after August 4, 1976, shall be subject 
to the Federal lease terms, including those that describe the minimum 
production requirement, except that:
    (1) An operator/lessee holding such a lease may elect to be subject 
to the rules of this part by notifying the authorized officer in writing 
prior to August 30, 1983.
    (i) Such election shall consist of a written request, in triplicate, 
to the authorized officer that a Federal lease(s) be subject to the 
rules of this part, and shall contain the following--
    (A) Name and address of the operator/lessee of record.
    (B) Federal lease number(s).
    (C) Certified record of annual Federal coal production since August 
4, 1976,

[[Page 630]]

for the Federal lease(s) that the operator/lessee requests to have 
credited toward diligent development in accordance with Sec. 3483.5 of 
this title.
    (ii) Upon verification by the authorized officer of the reported 
annual Federal coal production, the authorized officer shall notify the 
operator/lessee by certified mail, return receipt requested, that the 
election has been approved. The effective date of the election shall be 
the most recent royalty reporting period prior to the submittal of the 
election to the authorized officer.
    (2) Upon the effective date of the first lease readjustment after 
August 4, 1976, all such Federal leases shall be subject to the rules of 
this part.
    (c) Any Federal coal lease included in an LMU shall be subject to 
the diligent development and continued operation requirements imposed on 
the LMU in lieu of those diligent development and continued operation 
requirements that would apply to the Federal lease individually.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3483.2  Termination or cancellation for failure to meet diligent development and maintain continued operation.

    (a) Any Federal coal lease or LMU which has not achieved diligent 
development shall be terminated by DOI.
    (b) After an LMU has been terminated under the provision of 
paragraph (a) of this section, any Federal coal lease included in that 
LMU shall then be subject to the diligent development and continued 
operation requirements that would have been imposed on that Federal 
lease by the rules of this part, as if the Federal lease had not been 
included in the LMU.
    (c) Any Federal coal lease on which continued operation is not 
maintained shall be subject to cancellation.
    (d) The DOI may cancel any Federal coal lease or LMU which fails to 
meet the requirement for submission of a resource recovery and 
protection plan.



Sec. 3483.3  Suspension of continued operation or operations and production.

    (a) Applications for suspensions of continued operation must be 
filed in triplicate in the office of the authorized officer. The 
authorized officer, if he or she determines an application to be in the 
public interest, may approve the application or terminate suspensions 
that have been or may be granted.
    (1) The authorized officer must suspend the requirement for 
continued operation by the period of time he or she determines that 
strikes, the elements, or casualties not attributable to the operator/
lessee have interrupted operations under the Federal coal lease or LMU.
    (2) The authorized officer may suspend the requirement for continued 
operation upon the payment of advance royalty in accordance with 
Sec. 3481.0-6 of this title for any operation. The authorized officer, 
upon notifying the operator/lessee 6 months in advance, may cease to 
accept advance royalty in lieu of the requirement for continued 
operation.
    (b) In the interest of conservation, the authorized officer is 
authorized to act on applications for suspension of operations and 
production filed pursuant to paragraph (b) of this section, direct 
suspension of operations and production, and terminate such suspensions 
which have been or may be granted. Applications by an operator/lessee 
for relief from any operations and production requirements of a Federal 
lease shall contain justification for the suspension and shall be filed 
in triplicate in the office of the authorized officer.
    (1) A suspension in accordance with paragraph (b) of this section 
shall take effect as of the time specified by the authorized officer. 
Any such suspension of a Federal coal lease or LMU approved by the 
authorized officer also suspends all other terms and conditions of the 
Federal coal lease or LMU, for the entire period of such a suspension. 
Rental and royalty payments will be suspended during the period of such 
suspension of all operations and production, beginning with the first 
day of the Federal lease month on which the

[[Page 631]]

suspension of operations and production becomes effective. Rental and 
royalty payments shall resume on the first day of the Federal lease 
month in which operations or production is resumed. Where rentals are 
creditable against royalties and have been paid in advance, proper 
credit shall be allowed on the next rental or royalty on producing 
Federal leases due under the Federal lease.
    (2) The minimum annual production requirements shall be 
proportionately reduced for that portion of a Federal lease year for 
which suspension of operations and production is directed or granted by 
the authorized officer, in the interest of conservation of recoverable 
coal reserves and other resources, in accordance with paragraph (b) of 
this section.
    (3) The term, including the diligent development period, of any 
Federal lease shall be extended by adding to it any period of suspension 
in accordance with paragraph (b) of this section, of operations and 
production.
    (4) A suspension in accordance with paragraph (b) of this section 
does not suspend the permit and the operator/lessee's reclamation 
obligation under the permit.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983, and amended at 53 FR 49986, Dec. 13, 1988; 
62 FR 44370, Aug. 20, 1997]



Sec. 3483.4  Payment of advance royalty in lieu of continued operation.

    (a) Advance royalty may only be accepted in lieu of continued 
operation upon application to and approval by the authorized officer.
    (b) However, any request by an operator/lessee for suspension of the 
continued operation requirement and payment of advance royalty in lieu 
thereof shall be made no later than 30 days after the beginning of the 
continued operation year. If an operator/lessee requests authorization 
to pay advance royalty in lieu of continued operation later than 30 days 
after the beginning of any continued operation year, the authorized 
officer may condition acceptance of advance royalty on the payment of a 
late payment charge on the amount of the advance royalty due. The late 
payment charge will be calculated in accordance with 30 CFR 218.20.
    (c) For advance royalty purposes, the value of the Federal coal will 
be calculated in accordance with Sec. 3485.2 of this title and this 
section. When advance royalty is accepted in lieu of continued 
operation, it shall be paid in an amount equivalent to the production 
royalty that would be owed on the production of 1 percent of the 
recoverable coal reserves or the Federal LMU recoverable coal reserves. 
The advance royalty rate for an LMU shall be deemed to be 8 percent 
where the Federal LMU recoverable coal reserves contained in the LMU 
would be recovered by only underground mining operations and 12\1/2\ 
percent where the Federal LMU recoverable coal reserves contained in the 
LMU would be recovered only by other mining operations. For LMU's that 
contain Federal LMU recoverable coal reserves that would be recovered by 
a combination of underground and other mining methods, the advance 
royalty rate shall be deemed to be 12\1/2\ percent. The unit value of 
the recoverable coal reserves for determining the advance royalty 
payment for a Federal lease or LMU shall be:
    (1) The unit value for production royalty purposes of coal produced 
and sold under the Federal coal lease or LMU during the immediately 
preceding production royalty payment period; or
    (2) Computed at the average unit price at which coal from other 
Federal leases in the same region was sold during such period, if no 
coal was produced and sold under the Federal coal lease or LMU during 
the immediately preceding royalty payment period, or if the authorized 
officer finds that there is an insufficient number of such sales to 
determine such value equitably; or
    (3) Determined by the authorized officer, if there were no sales of 
Federal coal from such region during such period or if the authorized 
officer finds that there is an insufficient number of such sales to 
determine such value equitably.
    (d) The aggregate number of years during the period of any Federal 
coal lease or LMU for which advance royalty may be accepted in lieu of 
the requirement of continued operation shall not exceed 10. For Federal 
leases issued

[[Page 632]]

prior to August 4, 1976, advance royalty shall not be accepted in lieu 
of continued operation for more than a total of 10 years following the 
first lease readjustment after August 4, 1976. Any continued operation 
year in which any advance royalty is paid shall be deemed a year in 
which advance royalty is accepted in lieu of continued operation for the 
purposes of this paragraph. However, if an operator/lessee meets the 
requirement for continued operation in any continued operation year in 
which the operator/lessee has paid advance royalty, such year shall not 
be considered when calculating the maximum number of years for which 
advance royalty may be accepted for the Federal lease or LMU. The number 
of years for which advance royalty has been paid under any Federal coal 
lease prior to its inclusion in an LMU shall not be considered when 
calculating the maximum number of years for which advance royalty may be 
accepted for the LMU.
    (e) The dollar amount of any production royalty for a Federal coal 
lease or LMU owed for any continued operation year during or subsequent 
to the continued operation year in which advance royalty is paid, shall 
be reduced (but not below zero) by the dollar amount of any advance 
royalty paid under that Federal lease or LMU to the extent that such 
advance royalty has not been used to reduce production royalty for a 
prior year.
    (f) No advance royalty paid during the initial 20-year term of a 
Federal coal lease or LMU shall be used to reduce a production royalty 
pursuant to paragraph (e) of this section after the 20th year of the 
Federal coal lease or LMU. For purposes of this paragraph, the initial 
20-year term of a Federal lease shall commence on the effective date of 
the Federal lease for all Federal leases issued after August 4, 1976; on 
the effective date of the first lease readjustment after August 4, 1976, 
for all Federal leases issued prior to August 4, 1976; and on the 
effective date of LMU approval for all LMU's. Any advance royalty paid 
on a Federal lease prior to its inclusion in an LMU shall be credited to 
the LMU and shall be considered to have been paid on the date of LMU 
approval for the purposes of this paragraph, provided that the Federal 
lease has been included in an LMU within the initial 20-year term of the 
Federal lease as determined in this paragraph and to the extent that the 
advance royalty has not already been credited against production royalty 
on the Federal lease.
    (g) If an operator/lessee fails to make an approved advance royalty 
payment in any continued operation year, the authorized officer shall 
inform the operator/lessee in writing that the operator/lessee is in 
violation of the continued operation requirement. If the operator/lessee 
then fails to comply with 30 CFR 218.200, the Federal lease or LMU shall 
be subject to cancellation pursuant to Sec. 3483.2 of this title.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3483.5  Crediting of production toward diligent development.

    (a) For Federal coal leases issued after August 4, 1976, all 
production after the effective date of the Federal lease shall be 
credited toward diligent development.
    (b) For Federal coal leases issued prior to August 4, 1976, all 
production after the effective date of the first lease readjustment 
after August 4, 1976, shall be credited toward diligent development.
    (c) For Federal coal leases issued prior to August 4, 1976, that 
have not been readjusted after August 4, 1976, if the operator/lessee 
has elected under Sec. 3483.1 of this title to be subject to the 
diligent development and continued operation requirements of the rules 
of this part, all production after the effective date of the operator/
lessee's election shall be applied toward diligent development.
    (d) For Federal coal leases issued prior to August 4, 1976, that 
have not been readjusted after August 4, 1976, if the operator/lessee 
has elected under Sec. 3483.1 of this title to be subject to the 
diligent development and continued operation requirements of the rules 
of this part, all production after August 4, 1976, that occurred prior 
to the effective date of the operator/lessee's election shall be applied 
toward diligent

[[Page 633]]

development if the operator/lessee so requests.
    (e) For Federal coal leases issued prior to August 4, 1976, that 
have been readjusted after August 4, 1976, all production after August 
4, 1976, that occurred prior to the effective date of the first lease 
readjustment after August 4, 1976, shall be applied toward diligent 
development if the operator/lessee so requests. Such a request shall 
comply with the election application provisions at Sec. 3483.1(b)(1) of 
this title. Any production after such readjustment shall be applied 
toward diligent development pursuant to paragraph (b) of this section.
    (f) For Federal coal leases issued prior to August 4, 1976, that are 
governed by the Federal lease clauses which describe the minimum 
production requirements until the first lease readjustment after August 
4, 1976, no production prior to the effective date of that first Federal 
lease readjustment shall be applied toward diligent development.
    (g) For LMU's, any production credited under the rules of this part 
to a Federal lease prior to its inclusion in the LMU shall be applied 
toward diligent development for the LMU.



Sec. 3483.6  Special logical mining unit rules.

    (a) Production anywhere within the LMU, of either Federal or non-
Federal recoverable coal reserves or a combination thereof, shall be 
applied toward satisfaction of the requirements of the rules of this 
part for achievement of diligent development and continued operation for 
the LMU.
    (b) The dates for submission of a resource recovery and protection 
plan and achievement of diligent development shall not be changed by any 
enlargement or diminution of the LMU.



                   Subpart 3484--Performance Standards



Sec. 3484.1  Performance standards for exploration and surface and underground mining.

    The following performance standards shall apply to exploration, 
development, production, resource recovery and protection, MER, and 
preparation and handling of coal under Federal leases and licenses, and 
LMU's.
    (a) Performance standards for exploration. (1) The operator/lessee 
shall comply with the standards of the rules of this part and with all 
applicable requirements of the surface management agency, 30 CFR 815.15, 
or an approved State program.
    (2) The operator/lessee, if required by the authorized officer, 
shall set and cement casing in the hole and install suitable blowout 
prevention equipment when drilling on lands valuable or prospectively 
valuable for oil, gas, or geothermal resources.
    (3) All exploration drill holes must be capped with at least 5 feet 
of cement and plugged with a permanent plugging material that is 
unaffected by water and hydrocarbon gases and will prevent the migration 
of gases and water in the drill hole under normal hole pressures. For 
exploration holes drilled deeper than stripping limits, the operator/
lessee, using cement or other suitable plugging material approved by the 
authorized officer, shall plug the hole through the thickness of the 
coal bed(s) or mineral deposit(s) and through aquifers for a distance of 
at least 50 feet above and below the coal bed(s) or mineral deposit(s) 
and aquifers, or to the bottom of the drill hole. A lesser cap or plug 
may be approved by the authorized officer. Exploration activities shall 
be managed to prevent water pollution and mixing of ground and surface 
waters and ensure the safety of people, livestock, and wildlife.
    (4) The operator/lessee shall retain for 1 year, unless a shorter 
time period is authorized by the authorized officer, all drill and 
geophysical logs and shall make such logs available for inspection or 
analysis by the authorized officer, if requested. The authorized 
officer, at his discretion, may require the operator/lessee to retain 
representative samples of drill cores for 1 year. Confidentiality of 
such information will be accorded pursuant to the provisions at 
Sec. 3481.3 of this title.
    (5) The operator/lessee may utilize exploration drill holes as 
surveillance wells for the purpose of monitoring the effects of 
subsequent operations on the quantity, quality, or pressure of

[[Page 634]]

ground water or mine gases only with the written approval of the 
authorized officer, in consultation with the regulatory authority. The 
operator/lessee may convert exploration drill holes to water wells only 
after approval of the operator/lessee's written request by the 
authorized officer and the surface owner or authorized officer, in 
consultation with the regulatory authority. All such approvals shall be 
accompanied by a corresponding transfer of responsibility for any 
liability including eventual plugging, reclamation, and abandonment. 
Nothing in this paragraph shall supersede or affect the applicability of 
any State law requirements for such a transfer, conversion, or 
utilization as a supply for domestic consumption.
    (b) General performance standards for surface and underground 
mining--(1) Maximum economic recovery (MER). Upon approval of a resource 
recovery and protection plan for an LMU, or for a Federal lease issued 
or readjusted after August 4, 1976, the operator/lessee shall conduct 
operations to achieve MER of the Federal coal. To determine that MER of 
the Federal coal will be achieved, the authorized officer shall consider 
the information submitted by the operator/lessee under Sec. 3482.1(c) 
and/or Sec. 3487.1(c) of this title. The authorized officer may request 
additional information from the operator/lessee to aid in the MER 
determination. The operator/lessee shall consider coal preparation 
operations to avoid the wasting of coal and to encourage the achievement 
of MER. Federal leases issued prior to August 4, 1976, that have not yet 
been readjusted after August 4, 1976, shall comply with MLA regarding 
conservation of the recoverable coal reserves and other resources.
    (2) Diligent development, continued operation, advance royalty, and 
3-year resource recovery and protection plan submission requirements are 
addressed at Secs. 3483.1 through 3483.6 of this title.
    (3) Unexpected wells. The operator/lessee shall notify the 
authorized officer promptly if operations encounter unexpected wells or 
drill holes which could adversely affect the recovery of coal during 
mining operations, and shall take no further action that would disturb 
such wells or drill holes without the approval of the authorized 
officer.
    (4) Resource recovery and protection. The operator/lessee shall 
conduct efficient operations to recover the recoverable coal reserves; 
prevent wasting and conserve the recoverable coal reserves and other 
resources; prevent damage or degradation to coal-bearing or mineral-
bearing formations; and ensure that other resources are protected upon 
abandonment.
    (5) Release of lease bond. Subsequent to permanent abandonment of 
mining operations, the authorized officer will determine if the 
operator/lessee has met obligations required under the Federal lease for 
resource recovery and protection, and will determine if the operator/
lessee has met the Federal lease requirements pertaining to rentals and 
royalties. The authorized officer will make appropriate recommendations 
to the authorized officer for reduction or termination of the Federal 
lease bond.
    (c) Performance standards for underground mines--(1) Underground 
resource recovery. Underground mining operations shall be conducted so 
as to prevent wasting of coal and to conserve recoverable coal reserves 
consistent with the protection and use of other resources. No entry, 
room, or panel workings in which the pillars have not been completely 
mined within safe limits shall be permanently abandoned or rendered 
inaccessible, except with the prior written approval of the authorized 
officer.
    (2) Subsidence. The operator/lessee shall adopt mining methods which 
ensure proper recovery of recoverable coal reserves under MLA, as 
determined by the authorized officer. Operators/lessees of underground 
coal mines shall adopt measures consistent with known technology in 
order to prevent or, where the mining method used requires subsidence, 
control subsidence, maximize mine stability, and maintain the value and 
use of surface lands consistent with 30 CFR 784.20 and 817.121, 817.122, 
817.124, and 817.126, or applicable requirements of an approved State 
program. Where pillars are not removed and controlled subsidence is not

[[Page 635]]

part of the resource recovery and protection plan, pillars of adequate 
dimensions shall be left for surface stability, giving due consideration 
to the thickness and strength of the coal beds and the strata above and 
immediately below the coal beds.
    (3) Top coal. Top coal may be left in underground mines only upon 
approval by the authorized officer. The determination of mining height 
in thick coal beds will take into consideration safety factors, 
available equipment, overall coal bed thickness, and MER. The bottom 
coal left, if determined by the authorized officer to be of a minable 
thickness, should be maintained at a uniform thickness to allow recovery 
in the future as new technology is developed and economics allow.
    (4) Multiple coal bed mining. (i) In general, the recoverable coal 
reserves in the upper coal beds shall be mined before the lower coal 
beds; simultaneous workings in each upper coal bed shall be kept in 
advance of the workings in each lower coal bed. The authorized officer 
may authorize mining of any lower coal beds before mining the upper coal 
bed(s) only after a technical justification, submitted to the authorized 
officer by the operator/lessee, shows that recovery of all coal bed(s) 
will not be adversely affected.
    (ii) In areas subject to multiple coal bed mining, the protective 
barrier pillars for all main and secondary development entries, main 
haulageways, primary aircourses, bleeder entries, and manways in each 
coal bed shall be superimposed regardless of vertical separation or rock 
competency; however, modifications and exceptions to, or variations 
from, this requirement may be approved in advance by the authorized 
officer.
    (5) The authorized officer shall approve the conditions under which 
an underground mine, or portions thereof, will be temporarily abandoned, 
pursuant to the rules of this part.
    (6) Barrier pillars left for support. (i) The operator/lessee shall 
not, without prior consent of the authorized officer, mine any 
recoverable coal reserves or drive any underground workings within 50 
feet of any of the outside boundary lines of the federally leased or 
licensed land, or within such greater distance of said boundary lines as 
the authorized officer may prescribe with consideration for State or 
Federal environmental or safety laws. The operator/lessee may be 
required to pay for unauthorized mining of barrier pillars. The 
authorized officer may require that payment shall be up to, and include, 
the full value of the recoverable coal reserves mined from the pillars. 
The drilling of any lateral holes within 50 feet of any outside boundary 
shall be done in consultation with the authorized officer.
    (ii) If the coal in adjoining premises has been worked out, an 
agreement shall be made with the coal owner prior to the mining of the 
coal remaining in the Federal barrier pillars which otherwise may be 
lost. If the water level beyond the pillar is below the operator/
lessee's adjacent operations, and all the safety factors have been 
considered, the operator/lessee, on the written order of the authorized 
officer, shall mine out and remove all available Federal recoverable 
coal reserves in such barrier if it can be mined without undue hardship 
to the operator/lessee; with due consideration for safety; and pursuant 
to existing mining, reclamation, and environmental laws and rules. 
Either the operator/lessee or the authorized officer may initiate the 
proposal to mine coal in a barrier pillar.
    (7) The abandonment of a mining area shall require the approval of 
the authorized officer.
    (d) Performance standards for surface mines. (1) Pit widths for each 
coal bed shall be engineered and designed so as to eliminate or minimize 
the amount of coal fender to be left as a permanent pillar on the spoil 
side of the pit.
    (2) The amount of bottom or rider coal beds wasted in each pit will 
be minimized consistent with individual mine economics and the coal 
quality standards that must be maintained by the operation.
    (3) The abandonment of a mining area shall require the approval of 
the authorized officer.
    (4) If a coal bed exposed by surface mining or an accumulation of 
slack

[[Page 636]]

coal or combustible waste becomes ignited, the operator/lessee shall 
immediately take all necessary steps to extinguish the fire and protect 
the remaining coal.
    (5) The authorized officer shall approve the conditions under which 
a surface mine, or portions thereof, will be temporarily abandoned, 
pursuant to the rules of this part.
    (6) Barrier or boundary coal. The operator/lessee shall be 
encouraged by the authorized officer, in the interest of conservation of 
recoverable coal reserves and other resources, to mine coal up to the 
Federal lease or license boundary line; provided that, the mining is in 
compliance with existing State and Federal mining, environmental and 
reclamation laws and rules, the mining does not conflict with existing 
surface rights, and the mining is carried out without undue hardship to 
the operator/lessee and with due consideration for safety.
    (e) Performance standards for auger mines. (1) If auger mining is 
proposed, the authorized officer shall take into account the percentage 
of recovery, which in general shall exceed 30 percent, and the probable 
effect on recovering the remaining adjacent recoverable coal reserves by 
underground mining. If underground mining from the highwall or outcrop 
is contemplated in the foreseeable future, auger mining may not be 
approved if underground mining would ensure greater recovery of the 
unmined recoverable coal reserves. Where auger mining is authorized, the 
authorized officer will require a sufficient number and size of pillars 
at regular intervals along the highwall or outcrop to ensure access to 
the unmined recoverable coal reserves.
    (2) A plan for recovery of recoverable coal reserves by auger 
methods shall be designed to achieve MER.
    (3) Auger mining must comply with the rules of this part, and 30 CFR 
Chapter VII or applicable requirements of an approved State program.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3484.2  Completion of operations and permanent abandonment.

    (a) Before permanent abandonment of exploration operations, all 
openings and excavations shall be closed, backfilled, or otherwise 
permanently dealt with in accordance with sound engineering practices 
and according to the approved exploration plan. Drill holes, trenches, 
and other excavations for exploration shall be abandoned in such a 
manner as to protect the surface and not endanger any present or future 
underground operation, or any deposit of coal, oil, gas, mineral 
resources, or ground water. Areas disturbed by exploration operations 
will be graded, drained, and revegetated.
    (b) Upon permanent abandonment of mining operations, the authorized 
officer will require that the unmined recoverable coal reserves and 
other resources be adequately protected. Upon completion of abandonment, 
the authorized officer will inform the responsible office of the surface 
managing agency and regulatory authority as to whether the abandonment 
has been completed in compliance with the rules of this part.



              Subpart 3485--Reports, Royalties and Records



Sec. 3485.1  Reports.

    (a) Exploration reports. The operator/lessee shall file with the 
authorized officer the information required in paragraph (b) of this 
section. Such filing shall be within 30 days after the end of each 
calendar year and promptly upon completion or suspension of exploration 
operations, unless otherwise provided in the exploration license or 
Federal lease, and at such other times as the authorized officer may 
request.
    (b) Exploration report content. The exploration report shall contain 
the following information:
    (1) Location(s) and serial number(s) of the federally leased or 
licensed lands.
    (2) Nature of exploration operations.
    (3) Number of holes drilled and/or other work performed during the 
year or report period.

[[Page 637]]

    (4) Total footage drilled during the year or other period as 
determined by the authorized officer.
    (5) Map showing all holes drilled, other excavations, and the coal 
outcrop lines.
    (6) Analyses of coal and other pertinent tests obtained from 
exploration operations during the year.
    (7) Copies of all in-hole mechanical or geophysical stratigraphic 
surveys or logs, such as electric logs, gamma ray-neutron logs, sonic 
logs, or any other logs. The records shall include a log of all strata 
penetrated and conditions encountered such as water, quicksand, gas, or 
any unusual conditions.
    (8) Status of reclamation of the disturbed areas.
    (9) A statement on availability and location of all drill hole logs 
and representative drill cores retained by the operator/lessee pursuant 
to Sec. 3484.1(a) of this title.
    (10) Any other information requested by the authorized officer.
    (c) Any coal reserve base, minable reserve base or recoverable coal 
reserves estimates generated from an exploration license shall be 
submitted to the authorized officer within 1 year after completion of 
drilling operations.
    (d) Production reports and payments. (1) Operators/lessees shall 
report on USGS Form 9-373A, within 30 days after expiration of the 
period covered by the report, all coal mined, the basis for computing 
Federal royalty and any other form requirements, and shall make all 
payments due. Acceptance of the report and payment shall not be 
construed as an accord and satisfaction on the operator/lessee's Federal 
royalty obligation.
    (2) Licensees shall report all coal mined on a semiannual basis on 
the report form provided.
    (3) Non-Federal LMU production shall be reported in accordance with 
Sec. 3487.1(h)(1) of this title.
    (e) Penalty. If an operator/lessee knowingly records or reports less 
than the true weight or value of coal mined, the authorized officer 
shall impose a penalty equal to either double the amount of Federal 
royalty due on the shortage or the full value, as determined in 
Sec. 3485.2 of this title, of the shortage. If, after notice, an 
operator/lessee or licensee maintains false records or files false 
reports, the authorized officer may recommend to the responsible officer 
of the surface managing agency that action be initiated to cancel the 
Federal lease or license, in addition to the imposition of any 
penalties.
    (f) Confidentiality. Confidentiality of any information required 
under this section shall be determined in accordance with 
Sec. 3487.1(h)(1) of this title.



Sec. 3485.2  Royalties.

    (a) Provisions for the payment of advance royalty in lieu of 
continued operation are contained at Sec. 3483.4 of this title.
    (b) An overriding royalty interest, production payment, or similar 
interest that exceeds 50 percent of royalty first payable to the United 
States under the Federal lease, or when added to any other overriding 
royalty interest exceeds that percentage, except those created in order 
to finance a mine, shall not be created by a Federal lease transfer or 
surface owner consent. However, when an interest in the Federal lease or 
operating agreement is transferred, the transferor may retain an 
overriding royalty in excess of the above limitation if he shows that he 
has made substantial investments for improvements directly related to 
exploration, development, and mining on the land covered by the transfer 
that would justify a higher payment.
    (c)(1) The authorized officer may waive, suspend, or reduce the 
rental on a Federal lease, or reduce the Federal royalty, but not 
advance royalty, on a Federal lease or portion thereof. The authorized 
officer shall take such action for the purpose of encouraging the 
greatest ultimate recovery of Federal coal, and in the interest of 
conservation of Federal coal and other resources, whenever in his 
judgment it is necessary to promote development, or if he finds that the 
Federal lease cannot be successfully operated under its terms. In no 
case shall the authorized officer reduce to zero any royalty on a 
producing Federal lease.
    (2) An application for any of the above benefits shall be filed in 
triplicate in the office of the authorized officer. The application 
shall contain the

[[Page 638]]

serial number of the Federal lease, the Bureau of Land Management State 
Office, the name and address of the record title holder and any 
operator/lessee, and the description of the lands in the manner provided 
by 43 CFR 3471.1.
    (i) Each application shall include the name and location of the 
mine; a map showing the extent of the existing, proposed or adjoining 
mining operations; a tabulated statement of the Federal coal mined, if 
any, and subject to Federal royalty for the existing or adjoining 
operation covering a period of not less than 12 months before the date 
of filing of the application; and existing Federal rental and royalty 
rates on Federal leases covered by the application.
    (ii) Each application shall contain a detailed statement of expenses 
and costs of operating the entire mine, the income from the sale of 
coal, and all facts indicating whether the mine can be successfully 
operated under the Federal rental and royalty provisions fixed in the 
Federal lease or why the reduction is necessary to promote development. 
Where the application is for a reduction in Federal royalty, full 
information shall be furnished as to whether royalties or payments out 
of production are paid to parties other than the United States, the 
amounts so paid, and efforts made to reduce them, if any. If the Federal 
lease included in the application is not part of nor adjoining an 
operating mine, these detailed financial data may be obtained from 
another operating mine which is in close proximity and for which the 
authorized officer has deemed to have similar operating characteristics.
    (iii) The applicant shall also file a copy of agreements, between 
the operator/lessee and the holders of any royalty interests or 
production payments other than those created in order to finance a mine, 
to a reduction of all other royalties from the Federal lease so that the 
total royalties and production payments owed the holders of these 
interests will not be in excess of one-half of the Federal royalties, 
should the Federal royalty reduction be granted.
    (3) If the applicant does not meet the criteria of the rules of this 
part, the authorized officer shall reject such application or request 
more data from the operator/lessee.
    (4) If the applicant meets the criteria of the rules of this part, 
the authorized officer shall act on the application.
    (d) If a Federal coal lease that provides for a cents-per-ton 
Federal royalty is developed by in situ technology, BLM will establish a 
procedure for estimating tonnage for royalty purposes.
[47 FR 33179, July 30, 1982. Redesignated at 48 FR 41589--41594, Sept. 
16, 1983, and amended at 54 FR 1532, Jan. 13, 1989]



Sec. 3485.3  Maintenance of and access to records.

    (a) Operators/lessees shall maintain current and accurate records 
for the Federal lease or LMU showing:
    (1) The type, quality, and weight of all coal mined, sold, used on 
the premises, or otherwise disposed of, and all coal in storage 
(remaining in inventory).
    (2) The prices received for all coal sold and to whom and when sold.
    (b) [Reserved]
    (c) Licensees must maintain a current record of all coal mined and/
or removed.
    (d) Operators/lessees will retain these records for a period of time 
as determined by the authorized officer in accordance with current BLM 
rules and procedures.
[47 FR 33179, July 30, 1982, as amended at 48 FR 35641, Aug. 5, 1983. 
Redesignated at 48 FR 41589, Sept. 16, 1983]



           Subpart 3486--Inspection, Enforcement, and Appeals



Sec. 3486.1  Inspections.

    (a) The operator/lessee shall provide access, at all reasonable 
times, to the authorized officer for inspection or investigation of 
operations in order to determine whether the operations are in 
compliance with all applicable laws, rules, and orders; the terms and 
conditions of the Federal lease or license; and requirements of any 
approved exploration plan for:
    (1) Abandonment.
    (2) Environmental protection and reclamation practices.

[[Page 639]]

    (b) The operator/lessee shall provide access, at all reasonable 
times, to the authorized officer for inspection or investigation of 
operations in order to determine whether the operations are in 
compliance with all applicable laws, rules, and orders; the terms and 
conditions of the Federal lease or license; and requirements of any 
approved resource recovery and protection plan for:
    (1) Production practices.
    (2) Development.
    (3) Resource recovery and protection.
    (4) Diligent development and continued operation.
    (5) Audits of Federal rental and royalty payments on producing 
Federal leases.
    (6) Abandonment.
    (7) MER determinations.



Sec. 3486.2  Notices and orders.

    (a) Address of responsible party. Before beginning operations, the 
operator/lessee shall inform the authorized officer in writing of the 
operator/lessee's post office address and the name and post office 
address of the superintendent or designated agent who will be in charge 
of the operations and who will act as the local representative of the 
operator/lessee. Thereafter, the authorized officer shall be informed of 
any changes.
    (b) Receipt of notices and orders. The operator/lessee shall be 
construed to have received all notices and orders that are mailed by 
certified mail, return receipt requested, to the mine office or handed 
to a responsible official connected with the mine or exploration site 
for transmittal to the operator/lessee or his local representative.



Sec. 3486.3  Enforcement.

    (a) If the authorized officer determines that an operator/lessee has 
failed to comply with the rules of this part, the terms and conditions 
of the Federal lease or license, the requirements of approved 
exploration or resource recovery and protection plans, or orders of the 
authorized officer, and such noncompliance does not threaten immediate 
and serious damage to the mine, the deposit being mined, valuable ore-
bearing mineral deposits or other resources, or affect the royalty 
provisions of the rules of this part, the authorized officer shall serve 
a notice of noncompliance upon the operator/lessee by delivery in person 
to him or his agent, or by certified mail, return receipt requested, 
addressed to the operator/lessee at his last known address. Failure of 
the operator/lessee to take action in accordance with the notice of 
noncompliance within the time limits specified by the authorized officer 
shall be grounds for cessation of operations upon notice by the 
authorized officer. The authorized officer may also recommend to the 
authorized officer the initiation of action for cancellation of the 
Federal lease or license and forfeiture of any Federal lease bonds.
    (b) The notice of noncompliance shall specify in what respect(s) the 
operator/lessee has failed to comply with the rules of this part, the 
terms and conditions of the Federal lease or license, the requirements 
of approved exploration or resource recovery and protection plans, or 
orders of the authorized officer, and shall specify the action that must 
be taken to correct such noncompliance and the time limits within which 
such action must be taken.
    (c) If, in the judgment of the authorized officer, an operator/
lessee is conducting activities which fail to comply with the rules of 
this part, the terms and conditions of the Federal lease or license, the 
requirements of approved exploration or resource recovery and protection 
plans, or orders of the authorized officer, and/or which threaten 
immediate and serious damage to the mine, the deposit being mined, 
valuable ore-bearing mineral deposits, or, regarding exploration, the 
environment, the authorized officer shall order the immediate cessation 
of such activities without prior notice of noncompliance.
    (d) A written report shall be submitted by the operator/lessee to 
the authorized officer when such noncompliance has been corrected. Upon 
concurrence by the authorized officer that the conditions which 
warranted the issuance of a notice or order of noncompliance have been 
corrected, the authorized officer shall so notify the operator/lessee in 
writing.

[[Page 640]]

    (e) The authorized officer shall enforce requirements of SMCRA only 
if he finds a violation, condition, or practice that he determines to be 
an emergency situation for which an authorized representative of the 
Secretary is required to act pursuant to 30 CFR 843.11 and 843.12.
[47 FR 33179, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 
48 FR 41589, Sept. 16, 1983]



Sec. 3486.4  Appeals.

    Decisions or orders issued by the BLM under part 3480 of this title 
may be appealed pursuant to part 4 of this title.
[48 FR 41593, Sept. 16, 1983]



                    Subpart 3487--Logical Mining Unit



Sec. 3487.1  Logical mining units.

    (a) An LMU shall become effective only upon approval of the 
authorized officer. The effective date for an LMU may be established by 
the authorized officer between the date that the authorized officer 
receives an application for LMU approval and the date the authorized 
officer approves the LMU. The effective date of the LMU approval shall 
be determined by the authorized officer in consultation with the LMU 
applicant. An LMU may be enlarged by the addition of other Federal coal 
leases or with interests in non-Federal coal deposits, or both, in 
accordance with paragraph (g) of this section. An LMU may be diminished 
by creation of other separate Federal leases or LMU's in accordance with 
paragraph (g) of this section.
    (b) The authorized officer may direct, or an operator/lessee may 
initiate, the establishment of an LMU containing only Federal coal 
leases issued after August 4, 1976. The authorized officer may direct, 
or an operator/lessee may initiate, the establishment of an LMU 
containing Federal coal leases issued prior to August 4, 1976, provided 
that the operators/lessees consent to making all such Federal leases 
within the LMU subject to the uniform requirements for submittal of a 
resource recovery and protection plan, LMU recoverable coal reserves 
exhaustion, diligent development, continued operation, MER, advance 
royalty, and royalty reporting periods (but not royalty rates) made 
applicable by the LMU stipulations and the rules of this part. Any 
Federal lease included in an LMU shall have its terms amended as 
necessary so that its terms and conditions are consistent with the 
stipulations required for the approval of the LMU pursuant to paragraph 
(e) of this section.
    (c) Contents of an LMU application. An operator/lessee must submit 
five copies of an LMU application to the authorized officer if the 
operator/lessee is applying on his own initiative to combine lands into 
an LMU, or if directed to establish an LMU by the authorized officer in 
accordance with paragraph (b) of this section. Such application shall 
include the following:
    (1) Name and address of the designated operator/lessee of the LMU.
    (2) Federal lease serial numbers and description of the land and all 
coal beds considered to be of minable thickness within the boundary of 
the LMU. Identification of those coal beds proposed to be excluded from 
any Federal lease which would be a part of the LMU.
    (3) Documents and related information supporting a finding of 
effective control of the lands to be included in the LMU.
    (4) Sufficient data to enable the authorized officer to determine 
that MER of the Federal recoverable coal reserves will be achieved by 
establishment of the LMU. If a coal bed, or portion thereof, is proposed 
not to be mined or to be rendered unminable by the operation, the 
operator/lessee shall submit appropriate justification to the authorized 
officer for approval.
    (5) Any other information required by the authorized officer.
    (6) If any confidential information is included in the submittal and 
is identified as such by the operator/lessee, it shall be treated in 
accordance with Sec. 3481.3 of this title.
    (d) Consultation. (1) Prior to approval, the authorized officer 
shall consult with the operator/lessee about any Federal recoverable 
coal reserves within the LMU that the operator/lessee does

[[Page 641]]

not intend to mine and any Federal recoverable coal reserves that the 
operator/lessee intends to relinquish. The authorized officer shall also 
consult with the operator/lessee about Federal lease revisions to make 
the time periods for resource recovery and protection plan submittals, 
the 40-year LMU recoverable coal reserves exhaustion requirement, and 
diligent development, continued operation, advance royalty and Federal 
rental and royalty collection requirements applicable to each producing 
Federal lease consistent with the LMU stipulations.
    (2) The public participation procedures of Sec. 3481.2 of this title 
shall be completed prior to approval of an LMU.
    (e) Stipulations. Prior to the approval of an LMU, the authorized 
officer shall notify the operator/lessee and responsible officer of the 
surface managing agency of stipulations required for the approval of the 
proposed LMU. The LMU stipulations shall provide for:
    (1) The submittal, within 3 years from the effective date of LMU 
approval, of a resource recovery and protection plan that contains the 
information required by Sec. 3482.1(c) of this title for all Federal and 
non-Federal lands within the LMU.
    (2) A schedule for the achievement of diligent development and 
continued operation for the LMU. The schedule shall reflect the date for 
achieving diligent development and maintaining continued operation of 
the individual Federal leases included in the LMU, consistent with the 
rules of this part. An operator/lessee may request to pay advance 
royalty in lieu of continued operation in accordance with Sec. 3482.1(c) 
of this title.
    (3) Uniform reporting periods for Federal rental and royalty on 
Federal leases.
    (4) The revision, if necessary, of terms and conditions of the 
individual Federal leases included in the LMU. The terms and conditions 
of the Federal leases, except for Federal royalty rates, shall be 
amended so that they are consistent with the stipulations of the LMU.
    (5) Estimates of the Federal LMU recoverable coal reserves, and non-
Federal LMU recoverable coal reserves, using data acquired by generally 
acceptable exploration methods.
    (6) Beginning the 40-year period in which the reserves of the entire 
LMU must be mined, on one of the following dates--
    (i) The effective date of the LMU, if any portion of the LMU is 
producing on that date;
    (ii) The date of approval of the resource recovery and protection 
plan for the LMU if no portion of the LMU is producing on the effective 
date of the LMU; or
    (iii) The date coal is first produced from any portion of the LMU, 
if the LMU begins production after the effective date of the LMU but 
prior to approval of the resource recovery and protection plan for the 
LMU.
    (7) Any other condition that the authorized officer determines to be 
necessary for the efficient and orderly operation of the LMU.
    (f) The authorized officer may approve an LMU if it meets the 
following criteria:
    (1) The LMU fully meets the LMU definition.
    (2) The LMU application demonstrates that mining operations on the 
LMU, which may consist of a series of excavations, will:
    (i) Achieve maximum economic recovery of Federal recoverable coal 
reserves within the LMU. In determining whether the proposed LMU meets 
this requirement, BLM, as appropriate, will consider:
    (A) The amount of coal reserves recoverable from the proposed LMU 
compared to the amount recoverable if each lease were developed 
individually; and
    (B) Any other factors BLM finds relevant to this requirement;
    (ii) Facilitate development of the coal reserves in an efficient, 
economical, and orderly manner. In determining whether the proposed LMU 
meets this requirement, BLM, as appropriate, will consider:
    (A) The potential for independent development of each lease proposed 
to be included in the LMU;
    (B) The potential for inclusion of the leases in question in another 
LMU;
    (C) The availability and utilization of transportation and access 
facilities for

[[Page 642]]

development of the LMU as a whole compared to development of each lease 
separately;
    (D) The mining sequence for the LMU as a whole compared to 
development of each lease separately; and
    (E) Any other factors BLM finds relevant to this requirement; and
    (iii) Provide due regard to conservation of coal reserves and other 
resources. In determining whether the proposed LMU meets this 
requirement, BLM, as appropriate, will consider:
    (A) The effects of developing and operating the LMU as a unit; and
    (B) Any other factors BLM finds relevant to this requirement.
    (3) All single Federal leases that are included in more than one LMU 
shall be segregated into two or more Federal leases. If only a portion 
of a Federal lease is included in an LMU, the remaining land shall be 
segregated into another Federal lease. The authorized officer will 
consult with the authorized officer about the segregation of such 
Federal leases. The operator/lessee may apply to relinquish any such 
portion of a Federal lease under 43 CFR 3452.1.
    (4) The operator/lessee has agreed to the LMU stipulations required 
by the authorized officer for approval of the LMU.
    (5) The LMU does not exceed 25,000 acres, including both Federal and 
non-Federal lands.
    (6) A lease that has not produced commercial quantities of coal 
during the first 8 years of its diligent development period can be 
included in an LMU only if at the time the LMU application is submitted:
    (i) A portion of the LMU under consideration is included in a SMCRA 
permit approved under 30 U.S.C. 1256; or
    (ii) A portion of the LMU under consideration is included in an 
administratively complete application for a SMCRA permit.
    (g) The authorized officer will state in writing the reasons for the 
decision on an LMU application.
    (h) Modification of an LMU. (1) The boundaries of an LMU may be 
modified either upon application by the operator/lessee and approval of 
the authorized officer after consultation with the responsible officer 
of the surface managing agency, or by direction of the authorized 
officer after consultation with the authorized officer. In accordance 
with Sec. 3482.2(a)(3) of this title, the authorized officer may adjust 
only the estimate of LMU recoverable coal reserves pursuant to 
departmental actions or orders that modify the LMU boundaries, or upon 
approval of an operator/lessee application.
    (2) Upon application by the operator/lessee, an LMU may be enlarged 
by the addition of other Federal coal leases or with interests in non-
Federal coal deposits, or both. The LMU boundaries may also be enlarged 
as the result of the enlargement of a Federal lease in the LMU, pursuant 
to 43 CFR part 3432. An LMU may be diminished by creation of other 
separate Federal leases or LMU's or by the relinquishment of a Federal 
lease or portion thereof, pursuant to 43 CFR part 3452.
    (3) In considering an application for the modification of an LMU, 
the authorized officer shall consider modifying the LMU stipulations, 
including the production requirement for commercial quantities.
    (4) The authorized officer will not extend the 40-year period in 
which the reserves of the entire LMU must be mined, as specified at 
paragraph (e)(6) of this section, because of the enlargement of an LMU 
or because of the modification of a resource recovery and protection 
plan.
    (i) Administration of LMU operations. An LMU shall be administered 
in accordance with the following criteria:
    (1) Where production from non-Federal lands in the LMU is the basis, 
in whole or in part, for satisfaction of the requirements for diligent 
development or continued operation, the operator/lessee shall provide a 
certified report of such production, as determined by the authorized 
officer. The certified report shall include a map showing the area mined 
and the amount of coal mined.
    (2) Diligent development, continued operation and advance royalty. 
Operators/lessees must comply with the diligent development, continued 
operation, and advance royalty requirements contained at Secs. 3483.1 
through 3483.6 of this title.

[[Page 643]]

    (3) Operators/lessees must comply with the LMU stipulations.
[47 FR 33179, July 30, 1982. Redesignated at 48 FR 41589-41594, Sept. 
16, 1983, and amended at 51 FR 13229, Apr. 18, 1986; 62 FR 44370, Aug. 
20, 1997]



        Group 3500--Management of Solid Minerals Other Than Coal

    Note:  The information collection requirements contained in parts 
3500, 3510, 3520, 3530, 3540, 3550, 3560, and 3570 have been approved by 
the Office of Management and Budget under 44 U.S.C. 3507 and assigned 
clearance numbers 1004-0030, 1004-0121 and 1004-0142. The information is 
being collected to permit the authorized officer to determine whether an 
applicant is qualified to hold a lease for exploration, development and 
utilization of leasable minerals other than coal and oil shale on the 
public lands. The information will be used to make this determination. A 
response is required to obtain a benefit.
(See 51 FR 15212, Apr. 22, 1986)



PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

 Subpart 3500--Leasing of Solid Minerals Other Than Coal and Oil Shale: 
                                 General

Sec.
3500.0-3  Authority.
3500.0-5  Definitions.
3500.1  Nondiscrimination.
3500.2  False statements.
3500.3  Unlawful interests.
3500.4  Appeals.
3500.5  Filing of documents.
3500.6  Multiple development.
3500.7  Land use plans and environmental considerations.
3500.8  Lands not subject to leasing.
3500.9  Consent and consultation.
3500.9-1  Federal lands administered by agencies outside of the 
          Department of the Interior.
3500.9-2  State's or charitable organization's ownership of surface 
          overlying Federally-owned minerals.
3500.9-3  Management of Federal minerals from reserved mineral estates.

                 Subpart 3501--Descriptions and Acreage

3501.1  Land descriptions.
3501.1-1  Public domain.
3501.1-2  Acquired lands.
3501.1-3  Accreted lands.
3501.2  Computing acreage holdings.

                Subpart 3502--Qualification Requirements

3502.1  Who may hold leases and permits.
3502.2  Qualifications and holdings statements.
3502.2-1  Filing of evidence.
3502.2-2  Individuals.
3502.2-3  Associations, including partnerships and trusts.
3502.2-4  Corporations.
3502.2-5  Heirs and devisees.
3502.2-6  Attorneys in-fact.
3502.3  Other parties in interest.

                Subpart 3503--Fees, Rentals and Royalties

3503.1  Payments.
3503.1-1  Form of remittance.
3503.1-2  Where remitted.
3503.2  Production royalties, minimum royalties and overriding 
          royalties.
3503.2-1  Production royalty rates.
3503.2-2  Minimum production and minimum royalty.
3503.2-3  Overriding royalties.
3503.2-4  Waiver, suspension, or reduction of rental, minimum royalty or 
          royalties.
3503.3  Suspensions.
3503.3-1  Suspension of operations and production.
3503.3-2  Suspension of operations.

                           Subpart 3504--Bonds

3504.1  Bonding requirements.
3504.1-1  When filed.
3504.1-2  Where filed.
3504.1-3  Surety bonds and personal bonds.
3504.1-4  Individual permit and lease bonds.
3504.1-5  Statewide and nationwide bonds.
3504.1-6  Change in bond coverage.
3504.2  Default.
3504.3  Termination of period of liability.

                 Subpart 3506--Assignments and Subleases

3506.1  Permits and leases subject to assignment or sublease.
3506.2  Filing fees.
3506.3  Filing requirements.
3506.3-1  Record title assignments.
3506.3-2  Operating rights.
3506.3-3  Overriding royalty interests.
3506.4  Permit or lease account status.
3506.5  Bonds.
3506.5-1  Coverage.
3506.5-2  Continuing responsibility.
3506.6  Effective date.
3506.7  Extensions.

     Subpart 3507--Fractional and Future Interest Permits and Leases

3507.1  Issuance of prospecting permits and leases.
3507.1-1  Prospecting permits.
3507.1-2  Leases.
3507.2  Forms and applications.

[[Page 644]]

3507.3  Terms and conditions.
3507.4  Consent of agency or bureau.
3507.5  Where filed and filing fee.
3507.6  Qualifications.
3507.7  Evidence of ownership.
3507.7-1  Present fractional interest.
3507.7-2  Future interest.
3507.8  Effective date of future interest leases.
3507.9  Rejection of application.

                  Subpart 3508--Mineral Lease Exchange

3508.0-1  Purpose.
3508.0-7  Scope.
3508.1  When exchange provisions apply.
3508.2  Exchange procedures.
3508.3  Issuance of lease.

 Subpart 3509--Relinquishment, Termination, Expiration, and Cancellation

3509.1  Relinquishment.
3509.1-1  Prospecting permits.
3509.1-2  Leases.
3509.2  Termination of prospecting permits.
3509.3  Expiration.
3509.3-1  Prospecting permits.
3509.3-2  Leases.
3509.4  Cancellation.
3509.4-1  Prospecting permits.
3509.4-2  Leases.
3509.4-3  Bona fide purchasers.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359); the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 
Reorganization Plan No. 3 of 1946 (5 U.S.C. Appendix); sec. 3, Act of 
Sept. 1, 1949 (30 U.S.C. 192c); the Act of June 30, 1950 (16 U.S.C. 
508(b)); the Act of June 8, 1926 (30 U.S.C. 291-293); the Act of Mar. 3, 
1933, as amended (47 Stat. 1487); sec. 10 of the Act of Aug. 4, 1939 (43 
U.S.C. 387); the Act of Oct. 8, 1964 (16 U.S.C. 460n et seq.); the Act 
of Nov. 8, 1965 (16 U.S.C. 460q et seq.); the Act of Oct. 2, 1968 (16 
U.S.C. 90c et seq.); the Act of Oct. 27, 1972 (16 U.S.C. 460dd et seq.); 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 460mm-2-
460mm-4); the Independent Offices Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15213, Apr. 22, 1986, unless otherwise noted.



 Subpart 3500--Leasing of Solid Minerals Other Than Coal and Oil Shale: 
                                 General



Sec. 3500.0-3  Authority.

    The statutory authority for the regulations in this group is as 
follows:
    (a) Leasable minerals--(1) Public domain. The Mineral Leasing Act of 
1920, as amended and supplemented (30 U.S.C. 181-287), including the Act 
of February 7, 1927 (30 U.S.C. 281-287), the Act of April 17, 1926 (30 
U.S.C. 271-276), and the Act of June 28, 1944 (58 Stat. 483-485), and 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.).
    (2) Acquired lands. The Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359) and the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (b) Hardrock minerals. (1) Section 402, Reorganization Plan No. 3 of 
1946 (5 U.S.C. Appendix) transferred the functions of the Secretary of 
Agriculture relative to the leasing or other disposal of minerals to the 
Secretary of the Interior for lands acquired under the following 
statutes: (i) The Act of March 4, 1917 (16 U.S.C. 520); (ii) Title II of 
the National Industrial Recovery Act of June 16, 1933 (40 U.S.C. 401, 
403(a) and 408); (iii) the 1935 Emergency Relief Appropriation Act of 
April 8, 1935 (48 Stat. 115, 118); (iv) section 55 of Title I of the Act 
of August 24, 1935 (49 Stat. 750, 781); (v) the Act of July 22, 1937 (50 
Stat. 522, 525, 530), as amended July 28, 1942 (7 U.S.C. 1011(c) and 
1018); and (vi) section 3 of the Act of June 28, 1952 (66 Stat. 285).
    (2) Section 3 of the Act of September 1, 1949 (30 U.S.C. 192c) 
authorized the issuance of mineral leases or permits for the 
exploration, development and utilization of minerals, other than those 
covered by the Mineral Leasing Act for Acquired Lands, in certain lands 
added to the Shasta National Forest by the Act of March 19, 1948 (62 
Stat. 83).
    (3) The Act of June 30, 1950 (16 U.S.C. 508(b)) authorizes leasing 
of the hardrock minerals on National Forest lands in Minnesota.
    (c) Special acts. (1) Gold, silver or quicksilver in confirmed 
private land grants are covered by the Act of June 8, 1926 (30 U.S.C. 
291-293).
    (2) Reserved minerals in lands patented to the State of California 
for parks or other purposes are covered by the Act of March 3, 1933 (47 
Stat. 1487), as amended by the Act of June 5, 1936 (49 Stat. 1482) and 
the Act of June 29, 1936 (49 Stat. 2026).

[[Page 645]]

    (3) National Park Service Areas. Congress authorized mineral 
leasing, including the leasing of nonleaseable minerals in the manner 
prescribed by section 10 of the Act of August 4, 1939 (43 U.S.C. 387), 
in the following national recreation areas:
    (i) Lake Mead National Recreation Area--The Act of October 8, 1964 
(16 U.S.C. 460n-et seq.);
    (ii) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area--The Act of November 8, 1965 (16 U.S.C. 460q-et seq.);
    (iii) Ross Lake and Lake Chelan National Recreation Areas--The Act 
of October 2, 1968 (16 U.S.C. 90c-et seq.)
    (iv) Glen Canyon National Recreation Area--The Act of October 27, 
1972 (16 U.S.C. 460dd et seq.).
    (4) Shasta-Trinity Units of the Whiskeytown-Shasta-Trinity National 
Recreation Area. Section 6 of the Act of November 8, 1965 (16 U.S.C. 
460q-et seq.) authorizes mineral leasing, including the leasing of 
nonleasable minerals in the manner prescribed by section 3 of the Act of 
September 1, 1949 (30 U.S.C. 192c), on lands within the Shasta-Trinity 
Units of the Whiskeytown-Shasta-Trinity National Recreation Area.
    (5) White Mountains National Recreation Area. Sections 403, 404, and 
1312 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 
460mm-2 through 460mm-4) authorize the Secretary of the Interior to 
permit the removal of the nonleasable minerals from lands or interests 
in lands within the recreation area in the manner described by section 
10 of the Act of August 4, 1939, as amended (43 U.S.C. 387), and the 
removal of leasable minerals from lands or interest in lands within the 
recreation area in accordance with the mineral leasing laws.
    (6) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) authorizes the management and use of the public lands.
    (7) The Independent Offices Appropriation Act (31 U.S.C. 9701) 
authorizes agencies to charge fees to recover the costs of providing 
services or things of value.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3500.0-5  Definitions.

    As used in Group 3500, the term:
    (a) Secretary means the Secretary of the Interior.
    (b) Director means the Director, Bureau of Land Management.
    (c) State Director means an employee of the Bureau of Land 
Management who has been designated as the chief administrative officer 
of one of the Bureau's 12 administrative areas designated as States.
    (d) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in Group 3500 of this title.
    (e) Proper BLM office means the Bureau of Land Management office 
having jurisdiction over the lands subject to the regulations in Group 
3500 of this title (see 43 CFR subpart 1821).
    (f) Public domain lands means lands, including mineral estates, 
which never left the ownership of the United States, lands which were 
obtained by the United States in exchange for public domain lands, lands 
which have reverted to the ownership of the United States through the 
operation of the public land laws, and others specifically identified by 
Congress as part of the public domain.
    (g) Acquired lands means lands, including mineral estates, which are 
not public domain lands and which the United States obtained through 
purchase, gift, or condemnation, and includes lands previously disposed 
of under the public land laws including the mining laws.
    (h) Leasable minerals means the chlorides, sulphates, carbonates, 
borates, silicates or nitrates of potassium or sodium and related 
products; sulphur in the States of Louisiana and New Mexico and on all 
acquired lands; phosphate, including associated and related minerals; 
asphalt in certain lands in Oklahoma; and gilsonite (including all vein-
type solid hydrocarbons).
    (i) Valuable deposit means a mineral occurrence where minerals have 
been found and the evidence is of such a character that a person of 
ordinary prudence would be justified in the further expenditure of his/
her labor and means, with a reasonable prospect of success, in 
developing a valuable mine.

[[Page 646]]

    (j) Chiefly valuable means a valuable deposit where there is no 
significant conflict between the extraction of sodium, sulphur or 
potassium and any non-mineral disposition of lands. Where such 
extraction conflicts with other disposition, the lands shall be deemed 
chiefly valuable for sodium, sulphur or potassium extraction if the 
economic value of the lands for extraction of such minerals exceeds its 
economic value for any non-mineral disposition.
    (k) Act means the Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.).
    (l) Service means the Minerals Management Service.
    (m) Bureau means the Bureau of Land Management.
    (n) Hardrock minerals means those locatable minerals for which a 
mineral patent may be obtained under the Mining Law of 1872 and which 
are not leasable minerals as defined in paragraph (h) of this section 
and oil, gas, coal and oil shale or mineral materials disposable under 
Group 3600 of this title. Hardrock minerals include, but are not limited 
to, copper, lead, zinc, magnesium, nickel, tungsten, gold, silver, 
bentonite, uranium, barite, feldspar and fluorspar.



Sec. 3500.1  Nondiscrimination.

    Any person acquiring a lease under Group 3500 shall comply fully 
with the equal opportunity provisions of Executive Order 11246 of 
September 24, 1965, as amended, and the regulations and relevant orders 
of the Secretary of Labor (41 CFR Chapter 60) and 43 CFR part 17.



Sec. 3500.2  False statements.

    Under the provisions of 18 U.S.C. 1001, it is a crime punishable by 
5 years imprisonment or a fine of up to $10,000, or both, for anyone 
knowingly and willfully to submit or cause to be submitted to any agency 
of the United States any false or fraudulent statement(s) as to any 
matter within the agency's jurisdiction.



Sec. 3500.3  Unlawful interests.

    No member of, or delegate to, Congress, or Resident Commissioner, 
and no employee of the Department of the Interior, except as provided in 
part 20 of this title, shall be entitled to acquire or hold any Federal 
lease, or interest therein. (Officer, agent or employee of the 
Department--See 43 CFR part 20; Member of Congress--See R.S. 3741; 41 
U.S.C. 22; 18 U.S.C. 431-433)



Sec. 3500.4  Appeals.

    Any party adversely affected by a decision of the authorized officer 
made pursuant to the provisions of Group 3500 of this title shall have a 
right of appeal pursuant to part 4 of this title.



Sec. 3500.5  Filing of documents.

    (a) All necessary documents shall be filed in the proper BLM office. 
A document shall be considered filed when it is received in the proper 
BLM office.
    (b) All information which is submitted to the Bureau under the 
regulations in this group shall be available to the public unless exempt 
from disclosure under the Freedom of Information Act (5 U.S.C. 552), or 
unless otherwise provided in this group.



Sec. 3500.6  Multiple development.

    The granting of a permit or lease for the prospecting, development 
or production of deposits of any particular mineral shall not preclude 
the issuance of other permits or leases for the same lands for deposits 
of other minerals with suitable stipulations for simultaneous operation, 
or the allowance of applicable entries, locations or selections of 
leased lands with a reservation of the mineral deposits to the United 
States. Each permit or lease shall reserve the right to allow any other 
uses, or to allow disposal, of the leased lands that will not 
unreasonably interfere with the exploration and mining operations of the 
permittee or lessee and the permittee/lessee shall make all reasonable 
efforts to avoid interference with such authorized uses.



Sec. 3500.7  Land use plans and environmental considerations.

    (a) Any lease or permit issued under Group 3500 of this title shall 
be issued in conformance with the decisions, terms and conditions of a 
comprehensive land use plan for the mineral deposit in question.

[[Page 647]]

    (b) Before a lease or permit is issued, the authorized officer or 
the appropriate surface management agency shall comply with the 
requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
    (c) Leases and permits shall be issued in a manner consistent with 
any unsuitability designation made under Sec. 1610.7-1(b) of this title.



Sec. 3500.8  Lands not subject to leasing.

    The following lands are not subject to leasing under the provisions 
of Group 3500:
    (a) Lands within the boundaries of any unit of the National Park 
System, except as authorized by law;
    (b) Lands within Indian Reservations, except the Uintah and Ouray 
Indian Reservation, Hillcreek Extension, State of Utah;
    (c) Lands within incorporated cities, towns and villages;
    (d) Lands within the National Petroleum Reserve--Alaska and oil 
shale reserves and within the national petroleum reserves;
    (e) Lands acquired by the United States for development of helium, 
fissionable material deposits or other minerals essential to the defense 
of the country, except leasable minerals;
    (f) Lands acquired by foreclosure or otherwise for resale;
    (g) Acquired lands reported as surplus under the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.); and
    (h) Any tidelands or submerged coastal lands within the continental 
shelf adjacent or littoral to any part of lands within the jurisdiction 
of the United States.



Sec. 3500.9  Consent and consultation.



Sec. 3500.9-1  Federal lands administered by agencies outside of the Department of the Interior.

    (a) Unless consent is required by law, public domain lands, the 
surface of which is administered by an agency outside of the Department 
of the Interior, shall be permitted or leased only after the Bureau of 
Land Management has consulted with the surface management agency.
    (b) Acquired lands shall only be permitted or leased with the 
written consent of the head or other appropriate official of the surface 
management agency.
    (c) An applicant may pursue the administrative remedies provided by 
a particular surface management agency where such agency has required 
special stipulations in the lease or permit, or has refused consent to 
issuance of the lease or permit. If the applicant notifies the 
authorized officer within 30 days of receipt of the Bureau's decision 
that he/she has requested the surface management agency to reconsider 
its decision, the time for filing an appeal under part 4 of this title 
is suspended until a decision is reached by such agency.



Sec. 3500.9-2  State's or charitable organization's ownership of surface overlying Federally-owned minerals.

    Where the United States has conveyed title to, or otherwise 
transferred the control of the surface of lands to any State or 
political subdivision, agency or instrumentality thereof, or a college 
or any other educational corporation or association, or a charitable or 
religious corporation or association, such party shall be given written 
notification by certified mail of the application for permit or lease 
and shall be given a reasonable time, not to exceed 90 days, within 
which to suggest any lease stipulations deemed necessary for the 
protection of existing surface improvements or uses, to set forth the 
facts supporting the necessity of the stipulations or file any 
objections it may have to the issuance of the lease or permit. Where a 
party controlling the surface opposes the issuance of a lease or permit 
or wishes to place such restrictive stipulations, but the facts 
submitted in opposition to issuance or concerning the necessity for 
restrictive stipulations expressed by the party controlling the surface 
do not provide adequate basis for such action, the final decision as to 
whether to issue the lease or permit shall be based on a determination 
by the authorized officer as to whether or not the interests of the 
United States would best be served thereby.

[[Page 648]]



Sec. 3500.9-3  Management of Federal minerals from reserved mineral estates.

    Where nonmineral public land disposal statutes provide in 
conveyances of title that all or certain minerals shall be reserved to 
the United States together with the right to prospect for, mine and 
remove the minerals under applicable law and such regulations as the 
Secretary may prescribe, the lease, sale or disposal and administration 
and management of the use of such minerals shall be accomplished under 
the regulations of Subchapter C of this title. Such mineral estates 
include, but are not limited to, those that have been or will be 
reserved under the authorities of the Recreation and Public Purposes 
Act, as amended (43 U.S.C. 869 et seq.), the Small Tract Act of June 1, 
1938, as amended (43 U.S.C. 682(b)) and the Federal Land Policy and 
Management Act of 1969 (43 U.S.C. 1701 et seq.).



                 Subpart 3501--Descriptions and Acreage



Sec. 3501.1  Land descriptions.



Sec. 3501.1-1  Public domain.

    Each application shall contain a complete and accurate description 
of the lands for which the lease or permit is desired. The lands applied 
for shall be in reasonably compact form.
    (a) If the lands have been surveyed under the public land 
rectangular system, each application shall describe the lands by legal 
subdivision, section, township and range. Generally, a quarter-quarter 
section or a lot is the smallest legal subdivision for which an 
application may be made.
    (b) When protracted surveys have been approved and the effective 
date thereof published in the Federal Register, all applications for 
lands shown on such approved protracted surveys shall describe the lands 
in the same manner as provided in paragraph (a) of this section for 
officially surveyed lands.
    (c) If the lands have neither been surveyed on the ground nor shown 
on the records as protracted surveys, each application shall describe 
the lands by metes and bounds, giving courses and distances between the 
successive angle points on the boundary of the tract, in cardinal 
directions except where the boundaries of the lands are in irregular 
form, and connected by courses and distances to an official corner of 
the public land surveys.
    (d)(1) Prior to the issuance of a lease, all unsurveyed lands in the 
lease shall be surveyed.
    (2) On a noncompetitive lease, the survey for unsurveyed lands shall 
be at the expense of the applicant.
    (3) On a competitive lease, the survey of unsurveyed lands shall be 
at the expense of the United States.



Sec. 3501.1-2  Acquired lands.

    (a)(1) If the lands have been surveyed under the rectangular system 
of public land surveys, the description shall conform to that system and 
the lands shall be described by legal subdivision, section, township, 
and range. Generally, a quarter-quarter section or a lot is the smallest 
legal subdivision for which an application may be made.
    (2) Where the description cannot conform to the public land surveys, 
any boundaries which do not so conform shall be described by metes and 
bounds, giving courses and distances between the successive angle points 
with appropriate ties to the nearest existing official survey corner. If 
not surveyed but within the area of the public land surveys, the lands 
shall be described by metes and bounds, giving courses and distances 
between the successive angle points on the boundary of the tract, and 
connected to a reasonably nearby official survey corner by courses and 
distances. Each application shall be accompanied by a map upon which the 
desired lands are clearly marked showing their location with respect to 
the administrative unit or project of which they are a part.
    (b) If the lands have not been surveyed under the rectangular system 
of public land surveys, and the tract is not within the area of the 
public land surveys, it shall be described as in the deed or other 
document by which the United States acquired title to the lands or 
minerals. If the desired lands constitute less than the entire tract 
acquired by the United States, they shall be described by courses and 
distances between successive angle points on the boundary of the tract, 
tying by

[[Page 649]]

course and distance into the description in the deed or other document 
by which the United States acquired title to the lands. In addition, if 
the description in the deed or other document by which the United States 
acquired title to the lands does not include the courses and distances 
between the successive angle points on the boundary of the desired 
tract, the description in the application shall be expanded to include 
such courses and distances. Each application shall be accompanied by a 
map upon which the desired lands are clearly marked showing their 
location with respect to the administrative unit or project of which 
they are a part.
    (c) If an acquisition tract number has been assigned by the 
acquiring agency to the identical tract desired, a description by such 
tract number shall be accepted in lieu of the description required in 
paragraphs (a)(2) and (b) of this section. However, such application 
shall be accompanied by the map required by paragraphs (a)(2) and (b) of 
this section.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3501.1-3  Accreted lands.

    Where an application includes any accreted lands that are not 
described in the deed to the United States, such accreted lands shall be 
described by metes and bounds, giving courses and distances between the 
successive angle points on the boundary of the tract, and connected by 
courses and distances to an angle point on the perimeter of the acquired 
tract to which the accretions belong.



Sec. 3501.2  Computing acreage holdings.

    (a) In computing acreage holdings or control, the accountable 
acreage of a party owning any interest, either directly or indirectly, 
shall be such party's proportionate part of the total lease and permit 
acreage. Likewise, the accountable acreage of a party owning an interest 
in a corporation or association shall be such party's proportionate part 
of the corporation's or association's accountable acreage, except that 
no party shall be charged with its pro rata share of any acreage 
holdings of any association or corporation, unless it is the beneficial 
owner of more than 10 percent of the stock or other instruments of 
ownership or control of such association or corporation.
    (b) The amount of acquired lands acreage for leasable minerals that 
may be held under lease or permit may not be in excess of the amount of 
public domain acreage for the same minerals permitted to be held under 
the Act. Public domain lease holdings shall not be charged against 
acquired lands lease holdings and vice versa; such respective holdings 
shall not be interchangeable.
    (c) Where the United States owns only a fractional interest in the 
mineral resources of the lands involved, only that part of the total 
acreage involved in the lease which is proportionate to the ownership by 
the United States of the mineral resources therein shall be charged as 
acreage holdings. The acreage embraced in a future interest lease is not 
to be charged as acreage holdings until the lease for the future 
interest takes effect.



                Subpart 3502--Qualification Requirements



Sec. 3502.1  Who may hold leases and permits.

    (a) Leases and permits may be held only by citizens of the United 
States, associations (including partnerships and trusts) of such 
citizens, corporations organized under the laws of the United States or 
of any State or territory thereof. Citizens of a foreign country may 
only hold interest in leases or permits through stock ownership, stock 
holding or stock control.
    (b) Citizens of a foreign country may only hold interests in leases 
and permits for leasable minerals if the laws, customs or regulations of 
their country do not deny similar or like privileges to citizens or 
corporations of the United States. A list of those countries denying 
similar or like privileges is available from any Bureau office.
    (c) A mineral lease or permit shall not be issued to a minor. Leases 
or permits may be issued to a legal guardian or trustee of a minor.
    (d) Except for an assignment or sublease under section 3506 of this 
title, a

[[Page 650]]

lease for leasable minerals shall be issued only to an entity if it is 
in compliance with section 2(a)(2)(A) of the act (compliance is 
determined for Federal coal leases in accordance with Sec. 3472.1-2(e) 
of this title). A lease issued to any entity in violation of this 
paragraph (d) shall be subject to the cancellation provisions at 
Sec. 3509.4 of this title. The term `entity' is defined at Sec. 3400.0-
5(rr) of this title.
[51 FR 15213, Apr. 22, 1986, as amended at 51 FR 43923, Dec. 5, 1986]



Sec. 3502.2  Qualifications and holdings statements.



Sec. 3502.2-1  Filing of evidence.

    Evidence of qualifications required by this section may be filed 
separately in the proper BLM Office. Thereafter, a reference by serial 
number to the record in which such evidence is filed, together with a 
statement as to any amendments, shall be acceptable in lieu of 
resubmitting the evidence with each application. It is the 
responsibility of applicants and lessees to assure that such evidence is 
current and accurate. An application referring to the serial number may 
be submitted only to the Bureau office where the evidence of 
qualifications is on file.



Sec. 3502.2-2  Individuals.

    To qualify to hold a Federal prospecting permit, lease or license, 
an individual shall submit a signed statement showing:
    (a) He/she is a U.S. citizen; and
    (b) That his/her acreage holdings for the particular mineral 
concerned do not exceed the acreage holdings allowed for that mineral.



Sec. 3502.2-3  Associations, including partnerships and trusts.

    (a) For an association, such as a partnership, to qualify to hold a 
prospecting permit, lease or exploration license, or any interest 
therein, a member or authorized attorney-in-fact shall submit the 
following:
    (1) A signed statement setting forth: (i) The names, addresses, and 
citizenship of all members owning or controlling 10 percent or more of 
the association or partnership; (ii) the names of the members authorized 
to act on behalf of the association or partnership; (iii) that the 
association or partnership's acreage holdings for the particular mineral 
concerned do not exceed the acreage holdings for that mineral; and (iv) 
that the acreage holdings of any member owning more than 10 percent of 
the association or partnership do not exceed that allowed.
    (2) A copy of the articles of the association or partnership.
    (b) In order for a trust to hold prospecting permits or leases or 
any interest therein on behalf of a beneficiary, the guardian or trustee 
shall submit the following:
    (1) A signed statement setting forth: (i) The citizenship of the 
beneficiary; (ii) the guardian or trustee's own citizenship; (iii) the 
grantor's citizenship, if the trust is revocable; and (iv) that the 
acreage holdings of the beneficiary, the guardian or trustee, or the 
grantor, if the trust is revocable, do not exceed that allowed.
    (2) A copy of the court order or other document authorizing or 
creating the trust or guardianship.



Sec. 3502.2-4  Corporations.

    For a corporation to qualify to hold a prospecting permit, lease, or 
exploration license, or any interest therein, an officer or authorized 
attorney-in-fact shall submit a signed statement setting forth:
    (a) The State in which the corporation is incorporated;
    (b) The names and citizenship of any stockholder owning or 
controlling more than 10 percent of the stock of the corporation;
    (c) The names of the officers authorized to act on behalf of the 
corporation;
    (d) That the corporation's acreage holdings, and those of any 
stockholder identified under paragraph (b) of this section, do not 
exceed that allowed; and
    (e) The percentage of stock owned, held or controlled by citizens of 
a foreign country or persons with addresses outside the United States, 
if greater than 10 percent.



Sec. 3502.2-5  Heirs and devisees.

    (a) If an applicant for a permit, an applicant for a preference 
right lease or a successful bidder to a competitive

[[Page 651]]

lease dies before the permit or lease is issued, the permit or lease 
shall be issued to the executor or administrator of the estate if 
probate of the estate has not been completed; if probate has been 
completed, or is not required, to the heirs or devisees; and if there 
are minor heirs or devisees, to their legal guardian or trustee in his/
her name, provided there is filed in all cases the following 
information:
    (1) Where probate of the estate has not been completed:
    (i) Evidence that the person, who as executor or administrator 
submits forms of lease and bond, has authority to act in that capacity 
and to sign such forms;
    (ii) Evidence that the heirs or devisees are the heirs or devisees 
of the deceased and are his/her only heirs or devisees; and
    (iii) A statement over the signature of each heir or devisee 
concerning citizenship and holdings similar to that required by 
Sec. 3502.2-2 of this title.
    (2) Where the executor or administrator has been discharged or no 
probate proceedings are required:
    (i) A certified copy of the will or decree of distribution, if any, 
and if not, a statement signed by the heirs that they are the only heirs 
and citing the provisions of the law of the deceased's last domicile 
showing that no probate is required; and
    (ii) A statement over the signature of each of the heirs or devisees 
with reference to citizenship and holdings similar to that required by 
Sec. 3502.2-2 of this title, except that if the heir or devisee is a 
minor, the statement shall be over the signature of the guardian or 
trustee.
    (b) If a permittee or lessee dies, the executor or administrator of 
the estate shall be recognized as the record title holder of the permit 
or lease if probate has not been completed; and if probate has been 
completed, or is not required, the heirs or devisees shall be so 
recognized, provided that in all cases, the evidence required in 
paragraph (a) of this section has been filed.



Sec. 3502.2-6  Attorneys-in-fact.

    An attorney-in-fact shall submit evidence of his/her authority to 
act on behalf of the applicant. The applicant shall submit a separate 
statement as to qualifications and acreage holdings unless the power of 
attorney specifically authorizes and empowers the attorney-in-fact to 
make or to execute such statements.



Sec. 3502.3  Other parties in interest.

    If the applicant is not the sole party in interest to a permit or 
lease, he/she shall submit with his/her application the names of all 
other parties who hold or will hold any interest in the application or 
in the permit or lease, when issued. All interested parties shall 
furnish appropriate evidence of their qualifications to hold such permit 
or lease interest.



                Subpart 3503--Fees, Rentals and Royalties



Sec. 3503.1  Payments.



Sec. 3503.1-1  Form of remittance.

    All remittances shall be by U.S. currency, postal money order or 
negotiable instrument payable in U.S. currency and shall be made payable 
to the Department of the Interior--Bureau of Land Management or the 
Department of the Interior--Minerals Management Service, as appropriate. 
In the case of payments made to the Service, such payments may also be 
made by electronic funds transfer.



Sec. 3503.1-2  Where remitted.

    (a)(1) All filing fees and all first-year rentals and all bonuses 
for leases issued under Group 3500 of this title shall be paid to the 
proper BLM office.
    (2) All second-year and subsequent rentals and all other payments 
for leases shall be paid to the Service.
    (b) All royalties on producing leases and all payments under leases 
in their minimum production period shall be paid to the Service.
    (c) All payments paid to the Service shall be sent to: Minerals 
Management Service, Royalty Management Program/BRASS, Box 5640, Denver, 
CO 80217.

[[Page 652]]



Sec. 3503.2  Production royalties, minimum royalties and overriding royalties.



Sec. 3503.2-1  Production royalty rates.

    Production royalty rates shall be set out in a separate schedule 
attached to and made a part of all leases and shall be determined on an 
individual case basis by the authorized officer prior to lease offering. 
For leases offered competitively, the rates shall be set out in the 
notice of lease sale. For leases issued noncompetitively, the schedule 
shall be sent to the prospective lessee for concurrence and signature 
prior to lease issuance.



Sec. 3503.2-2  Minimum production and minimum royalty.

    (a) Each lease issued on or after the effective date of these 
regulations shall require a minimum annual production or the payment of 
minimum royalty in lieu of production for any particular lease year, 
beginning with the sixth lease year. Minimum royalty payments shall be 
credited to production royalties for that year only.
    (b) Leases renewed or readjusted on or after the effective date of 
these regulations shall require a minimum annual production or the 
payment of minimum royalty in lieu of production for any particular 
lease year, beginning with the first full year of the readjusted or 
renewed lease. Minimum royalty payments shall be credited to production 
royalties for that year only.
    (c) On or after the effective date of these regulations, the rate of 
the minimum royalty in lieu of production described in paragraphs (a) 
and (b) of this section shall be $3 per acre or fraction thereof per 
year, payable in advance.
    (d) Hardrock mineral leases or development or operating agreements 
which are subject to escalating rentals are exempt from these minimum 
production and minimum royalty requirements.



Sec. 3503.2-3  Overriding royalties.

    (a) Any overriding royalty interest created by assignment or 
otherwise shall be subject to the requirement, that if the total of the 
overriding royalty interest at any time exceeds 1 percent of the gross 
value of the output at the point at which royalty is assessed, it shall 
be subject to reduction or suspension by the authorized officer to a 
total of not less than 1 percent of such gross value, whenever, in the 
interest of conservation, it appears necessary to do so in order to: (1) 
Prevent premature abandonment; or (2) make possible the economic mining 
of marginal or low grade deposits. Where there is more than 1 overriding 
royalty interest, any such suspension or reduction shall be applied to 
the respective interests in the manner agreed upon by the holders 
thereof or, in the absence of such agreement, in the inverse order of 
the dates of creation of such interests.
    (b) No overriding royalties shall be paid at a rate in excess of the 
rate to which they have been so reduced until otherwise authorized by 
the authorized officer.



Sec. 3503.2-4  Waiver, suspension, or reduction of rental, minimum royalty or royalties.

    (a) In order to encourage the greatest ultimate recovery of the 
leased minerals, and in the interest of conservation, whenever the 
authorized officer determines it is necessary to promote development or 
finds that leases cannot be successfully operated under the terms 
provided therein, the rental or minimum royalty payments may be waived, 
suspended or reduced, or the rate of royalty reduced.
    (b) An application for any of the above benefits shall be filed in 
duplicate in the proper BLM office. The application shall contain the 
serial number of the lease, the name of the record title holder, the 
operator or sublessee and a description of the lands by legal 
subdivision in addition to the following information:
    (1) Each application shall show the number and location of each 
mine, a map showing the extent of the mining operations, a tabulated 
statement of the minerals mined and subject to royalty for each month 
covering a period of not less than 12 months immediately preceding the 
date of filing of the application, and the average production per day 
mined for each month and complete information as to why the minimum 
production was not attained.
    (2) Each application shall contain a detailed statement of expenses 
and

[[Page 653]]

costs of operating the entire lease, the income from the sale of any 
leased products and all facts showing whether the mines can be 
successfully operated under the royalty or rental fixed in the lease. 
Where the application is for a reduction in royalty, full information 
shall be furnished as to whether royalties or payments out of production 
are paid to anyone other than the United States, the amounts so paid and 
efforts made to reduce them.
    (3) The applicant shall also file agreements of the holders of the 
lease and of the royalty holders to a permanent reduction of all other 
royalties from the leasehold to aggregate not in excess of one-half the 
royalties paid to the United States.



Sec. 3503.3  Suspensions.



Sec. 3503.3-1  Suspension of operations and production.

    (a) The authorized officer may, in the interest of conservation, 
order or agree to a suspension of operations and production.
    (b) Applications by lessees for suspensions of operations and 
production shall be filed in duplicate in the proper BLM office and 
shall set forth why it is in the interest of conservation to suspend 
operations and production.
    (c) The term of any lease shall be extended by adding thereto any 
period of suspension of operations and production during such term.
    (d) A suspension shall take effect as of the date specified by the 
authorized officer. Rental and minimum annual production shall be 
suspended during any period of suspension of operations and production 
beginning with the first day of the lease month on which the suspension 
of operations and production becomes effective, or, if the suspension of 
operations and production becomes effective on any date other than the 
first day of a lease month, beginning with the first day of the lease 
month following such effective date. The suspension of rental and 
minimum annual production shall end on the first day of the lease month 
in which operations or production is resumed, or upon expiration of the 
suspension, whichever occurs first. Where rentals are creditable against 
royalties and have been paid in advance, proper credit shall be allowed 
on the next rental or royalty due under the lease.
    (e) The minimum annual production requirements of a lease shall be 
proportionately reduced for that portion of a lease year for which a 
suspension of operations and production is directed or granted by the 
authorized officer.



Sec. 3503.3-2  Suspension of operations.

    (a) The authorized officer may, upon application of the lessee, 
suspend operations on a lease issued under the regulations in Group 3500 
of this title when marketing conditions are such that leases cannot be 
operated except at a loss.
    (b) Application for suspension shall be submitted in duplicate to 
the proper BLM office and shall contain sufficient information to 
establish that the lease cannot be operated except at a loss.
    (c) A suspension of operations does not affect the term of the lease 
or the annual rental payment.
    (d) A suspension shall take effect as of the date specified by the 
authorized officer. Minimum annual production shall be suspended during 
any period of suspension of operations beginning with the first day of 
the lease month on which the suspension becomes effective, or, if the 
suspension becomes effective on any date other than the first day of a 
lease month, beginning with the first day of the lease month following 
such effective date. The suspension of minimum annual production shall 
end on the first day of the lease month in which operations are resumed, 
or upon expiration of the suspension, whichever occurs first.
    (e) The minimum annual production requirements of a lease shall be 
proportionately reduced for that portion of a lease year for which a 
suspension of operations is granted by the authorized officer.



                           Subpart 3504--Bonds



Sec. 3504.1  Bonding requirements.



Sec. 3504.1-1  When filed.

    Prior to the issuance of a permit or lease, the applicant shall be 
required to submit a surety or personal bond as described in this 
subpart.

[[Page 654]]



Sec. 3504.1-2  Where filed.

    All bonds shall be filed in the proper BLM office on an approved 
form. A single copy executed by the principal or, in the case of surety 
bonds, by both the principal and an acceptable surety is sufficient. 
Nationwide bonds may be filed in any Bureau State office.



Sec. 3504.1-3  Surety bonds and personal bonds.

    (a) Only those surety bonds issued by qualified surety companies 
approved by the Department of the Treasury shall be accepted. (See 
Department of the Treasury Circular No. 570, any supplemental circulars 
or any replacements).
    (b) Personal bonds shall be accompanied by: (1) Cash; (2) cashier's 
check; (3) certified check; or (4) negotiable U.S. Treasury bonds of a 
value equal to the amount specified in the bond. Negotiable Treasury 
bonds shall be accompanied by a proper conveyance to the Secretary of 
full authority to sell such securities in case of default in the 
performance of the terms and conditions of the lease or permit.



Sec. 3504.1-4  Individual permit and lease bonds.

    Individual permit and lease bond amounts shall be established on a 
case by case basis by the authorized officer. Minimum bonding 
requirements are set forth in the pertinent regulations for specific 
minerals.



Sec. 3504.1-5  Statewide and nationwide bonds.

    (a) In lieu of separate bonds for each lease or permit, a lessee or 
permittee may furnish a bond in an amount of not less than $25,000, as 
determined by the authorized officer, to cover all leases and permits 
for a specific mineral in any 1 State.
    (b) In lieu of separate bonds for each lease or permit, a lessee or 
permittee may furnish a bond in the amount of not less than $75,000, as 
determined by the authorized officer, to cover all leases and permits 
for a specific mineral nationwide.



Sec. 3504.1-6  Change in bond coverage.

    The authorized officer may elect to increase or decrease the amount 
of any bond to be issued or any outstanding bond when a change in 
coverage is determined appropriate, except no bond may be reduced below 
the established minimum amount for that mineral.



Sec. 3504.2  Default.

    (a) Where, upon a default, the surety makes a payment to the United 
States of an obligation incurred under a lease, the face amount of the 
surety bond or personal bond and the surety's liability thereunder shall 
be reduced by the amount of such payment.
    (b) After default, upon penalty of cancellation of all of the leases 
or permits covered by such bond, the principal shall within 6 months 
after notice, or within such shorter period as may be fixed by the 
authorized officer, either post a new bond or increase the existing bond 
to the amount previously held. In lieu thereof, the principal may within 
that time file separate or substitute bonds for each lease or permit.



Sec. 3504.3  Termination of period of liability.

    The authorized officer shall not give consent to termination of the 
period of liability of any bond unless an acceptable replacement bond 
has been filed or until all the terms and conditions of the lease or 
permit have been met.



                 Subpart 3506--Assignments and Subleases



Sec. 3506.1  Permits and leases subject to assignment or sublease.

    Any prospecting permit or lease may be assigned or subleased in 
whole or in part to any person, association, or corporation qualified to 
hold such lease or permit.



Sec. 3506.2  Filing fees.

    To be accepted for filing, each instrument of assignment of record 
title, operating rights and overriding royalty assignments shall be 
accompanied by a nonrefundable filing fee of $25. Any instrument not 
accompanied by the filing fee shall not be accepted.



Sec. 3506.3  Filing requirements.



Sec. 3506.3-1  Record title assignments.

    (a) A separate instrument of assignment shall be filed in triplicate 
for

[[Page 655]]

each permit or lease. The instrument shall be filed within 90 days of 
final execution and shall contain:
    (1) Name and current address of assignee;
    (2) Interest held by assignor and interest to be assigned;
    (3) The serial number of the affected permit or lease and a 
description of the lands to be assigned as described in the permit or 
lease;
    (4) Percentage of overriding royalties retained; and
    (5) Date and signature of assignor.
    (b) The assignee shall provide a single copy of the request for 
approval of assignment which shall contain:
    (1) Statement of qualifications and holdings as required by subpart 
3502 of this title;
    (2) Date and signature of assignee; and
    (3) Filing fee as required by Sec. 3506.2 of this title.
    (c) The approval of an assignment of all interests in a specific 
portion of the lands in a lease shall create a separate lease which 
shall be given a current serial number.



Sec. 3506.3-2  Operating rights.

    One copy of a sublease or an operating rights assignment shall be 
filed within 90 days from the date of final execution and shall contain 
the operating agreement between the lessee and operator. The operator 
shall file a request for approval as described in Sec. 3506.3-1(b) of 
this title. The agreement shall be approved by formal decision.



Sec. 3506.3-3  Overriding royalty interests.

    All overriding royalty interest assignments shall be filed for 
record purposes within 90 days from the date of execution, but no formal 
approval shall be given. Any such assignment shall be deemed to be valid 
provided it is accompanied by the assignee's statement of qualifications 
as provided for in subpart 3502 of this title, and filing fee as 
required by Sec. 3506.2 of this title.



Sec. 3506.4  Permit or lease account status.

    The authorized officer shall not approve an assignment of a permit 
or lease unless the account under the permit or lease is in good 
standing, or the assignee and his/her surety accepts, in writing, all 
outstanding liabilities of the assignor which have accrued, whether 
known or unknown, under the permit or lease.



Sec. 3506.5  Bonds.



Sec. 3506.5-1  Coverage.

    If the permittee or lessee has been required to maintain a bond, 
then prior to approval of the assignment, the assignee shall be required 
to furnish a new bond in the same amount, or, in lieu thereof, consent 
of the surety on the present bond to the substitution of the assignee as 
principal. (See subpart 3504)



Sec. 3506.5-2  Continuing responsibility.

    The assignor and his/her surety shall continue to be responsible for 
the performance of any obligation under the permit or lease until the 
effective date of the approval of the assignment. If the assignment is 
not approved, the assignor's obligation to the United States shall 
continue as though no such assignment had been filed for approval. After 
the effective date of approval the assignee and his/her surety shall be 
responsible for the performance of all permit or lease obligations 
notwithstanding any terms in the assignment to the contrary, or after 
the effective date of approval of the sublease, the sublessor and 
sublessee shall be jointly and severally liable for the performance of 
all permit or lease obligations, notwithstanding any terms in the 
sublease to the contrary.



Sec. 3506.6  Effective date.

    An assignment or sublease shall take effect so far as the United 
States as lessor is concerned the first day of the month following its 
final approval by the Bureau, or if the assignee requests, the first day 
of the month of the approval.



Sec. 3506.7  Extensions.

    The approval of an assignment or sublease shall not extend the life 
of the permit or the readjustment or renewal periods of the lease.

[[Page 656]]



     Subpart 3507--Fractional and Future Interest Permits and Leases



Sec. 3507.1  Issuance of prospecting permits and leases.



Sec. 3507.1-1  Prospecting permits.

    A prospecting permit for a present fractional interest in mineral 
deposits acquired by the United States may be issued by the authorized 
officer.



Sec. 3507.1-2  Leases.

    (a) Noncompetitive leases for future or fractional interests in 
lands believed, but not known, to contain mineral deposits, may be 
issued by the authorized officer whenever he/she finds it to be in the 
public interest.
    (b) Noncompetitive leases for any future interest(s) in lands which 
are a part of an existing mining operation may be issued to the mine 
owner or operator by the authorized officer whenever he/she finds it to 
be in the public interest. Such leases shall be conditioned upon payment 
by the lessee of the fair market value of the mineral deposit at the 
time of vesting of title to the mineral in the United States.



Sec. 3507.2  Forms and applications.

    No specific application form is required, but the application shall 
contain the same information required of an applicant for the specific 
mineral concerned.



Sec. 3507.3  Terms and conditions.

    Permit and lease terms and conditions shall be those provided in 
this group for the particular mineral.



Sec. 3507.4  Consent of agency or bureau.

    A prospecting permit for a present fractional interest in mineral 
deposits, or a lease for a fractional or future interest in mineral 
deposits acquired by the United States, may be issued by the authorized 
officer only with the consent of the surface management agency.



Sec. 3507.5  Where filed and filing fee.

    The application shall be filed in triplicate in the proper BLM 
office and shall be accompanied by a nonrefundable filing fee of $25.



Sec. 3507.6  Qualifications.

    Compliance with subpart 3502 of this title is required.



Sec. 3507.7  Evidence of ownership.



Sec. 3507.7-1  Present fractional interest.

    An applicant for a present fractional interest permit or lease shall 
have a present interest in the minerals. If the applicant does not own 
all of the mineral interests not owned by the United States or all of 
the operating rights therein, the application shall show the extent of 
the applicant's rights and the names of the other owners of such rights.



Sec. 3507.7-2  Future interest.

    An application for a whole or fractional future interest prospecting 
permit or lease shall include evidence of title to the present interest 
in the mineral deposit, which may be in the form of a certified abstract 
of title or certificate of title. If the applicant is the owner of the 
operating rights to the non-federal minerals and acquired such rights 
under a lease or contract with the owner of such minerals, the 
application shall be accompanied by 3 copies of such lease or contract. 
A whole or fractional future interest lease shall be issued only to an 
applicant who owns all or substantially all of the present operating 
rights to the non-federal minerals as fee owner, lessee or operator 
holding such rights.



Sec. 3507.8  Effective date of future interest leases.

    Future interest leases shall become effective on the date of vesting 
of title to the minerals in the United States as stated in the lease.



Sec. 3507.9  Rejection of application.

    (a) An application for a future interest lease filed less than 1 
year prior to the date of the vesting in the United States of the 
present interest in the minerals shall be rejected. Upon the vesting in 
the United States of the present possessory interest in the minerals, 
all applications for future interest leases outstanding at the time 
shall automatically lapse and thereafter only applications for a present 
interest lease shall be considered.

[[Page 657]]

    (b) Unless the authorized officer determines it to be in the public 
interest to do otherwise, a lease or prospecting permit shall not issue 
to one who, with the Federal interest applied for, would control less 
than 50 percent of the operating rights, and the application for such a 
lease or permit shall be rejected.



                  Subpart 3508--Mineral Lease Exchange



Sec. 3508.0-1  Purpose.

    This subpart authorizes a mineral prospecting permittee, or mineral 
lessee, to relinquish the lease to be acquired under preference right, 
or an existing mineral lease, in exchange for a mineral lease of other 
lands of comparable value for any leasable or hardrock mineral when the 
Secretary concludes that operations on the preference right or 
outstanding lease would not be in the public interest, and that 
operations on the lands leased in exchange would be in the public 
interest.



Sec. 3508.0-7  Scope.

    (a) The regulations in this subpart and subpart 3435 of this title, 
which cover provisions related to exchanges involving the issuance of 
coal leases, coal lease bidding rights or coal lease modifications, may 
be used in exchanges of one mineral for another.
    (b) In the case of a conflict between this subpart and the 
provisions of subpart 3435 of this title, the provisions governing the 
lease or lease interest to be issued shall control.



Sec. 3508.1  When exchange provisions apply.

    (a) The provisions of this subpart shall be invoked by the 
authorized officer notifying the preference right lease applicant or 
lessee that he/she is prepared to consider exchange of a mineral lease 
for relinquishment of leasing rights on the lands described in the 
notice.
    (b) The authorized officer may seek the exchange of any part or all 
of the lands under preference right lease application or lease. More 
than 1 preference right lease application or lease may be considered. 
The effect of a partial or multiple exchange shall be taken into account 
by the authorized officer in determining whether such an exchange is in 
the public interest.
    (c) An exchange mineral lease shall not be issued unless the 
authorized officer finds, after completing the procedures in this 
subpart, that the exchange is in the public interest.
    (d) For the purposes of this subpart, an exchange shall be 
considered in the public interest if the authorized officer finds that 
the benefits of production from the lease or preference right lease 
would not outweigh the adverse effects, or threat of damage or 
destruction to agricultural production potential, or scenic, biological, 
geologic, historic or other public interest values from lease 
operations, and if the authorized officer finds the lands proposed for 
exchange free from hazardous waste as defined under the authorities of 
the Clean Water Act, Resource Conservation and Recovery Act and the 
Comprehensive Environmental Response, Compensation and Liability Act. In 
exercising his/her discretion to exchange mineral leasing values in the 
public interest, the authorized officer shall consider, but is not 
limited to consideration of, these elements of the public interest: 
Recreational use; archeological or historic values; threatened or 
endangered species; proximity of residential or urban areas; study for 
potential inclusion in the wilderness or wild and scenic rivers systems; 
and value for public uses, including public highways, airports and 
rights-of-way.



Sec. 3508.2  Exchange procedures.

    (a) The authorized officer shall notify the preference right lease 
applicant or lessee when he/she is prepared to consider an exchange of 
other mineral leasing values for a tract under lease application or 
lease. The exchange notice shall:
    (1) State why the authorized officer believes an exchange would be 
in the public interest;
    (2) Provide that the lease applicant or lessee shall respond by 
indicating whether he/she is willing to negotiate for an exchange under 
this subpart; and
    (3) Contain a description of the lands for which the authorized 
officer would offer exchange terms. The preference right lease 
applicant's or lessee's reply may describe the lands on which the

[[Page 658]]

lease applicant or lessee would accept an exchange lease.
    (b) A preference right lease applicant shall show the timely 
submittal of a mineral preference right lease application.
    (c) If the preference right lease applicant demonstrates to the 
Secretary that the applicant has a preference right to a lease, the 
authorized officer may, in lieu of issuing a lease on the preference 
right, negotiate for the selection of appropriate exchange lands and 
establish lease terms on the lands to be leased in exchange.
    (d)(1) The lands leased in exchange shall, to the satisfaction of 
the preference right lease applicant or lessee and the authorized 
officer, be a lease tract containing a deposit of leasable or hardrock 
minerals of comparable value. A lease tract shall be determined ``of 
comparable value'' for exchange purposes when the authorized officer 
concludes that the value of the more valuable tract is less than 10 
percent greater than the value of the less valuable tract.
    (2) The lands covered by an exchange lease shall be subject to 
leasing under the authorities contained in Sec. 3500.0-3 of this title.
    (e) The exchange right shall be equal to the fair market value of 
the preference right or lease to be relinquished. A reply to the 
authorized officer's notice by the preference right lease applicant or 
lessee which indicates a willingness to consider an exchange also shall 
indicate a willingness to provide geologic and economic data to enable 
the authorized officer to determine the fair market value of the 
relinquished preference right or lease.
    (f) After the prospective exchange lessee and the authorized officer 
agree on the lands to be leased in exchange, a notice of the proposed 
exchange shall be published in the Federal Register and in a 
newspaper(s) in the county(s) where both the preference right or lease 
lands and the proposed exchange lease lands are located. The notice 
shall include:
    (1) The time and place of a public hearing(s);
    (2) The authorized officer's preliminary findings that the exchange 
is in the public interest; and
    (3) A request for public comments on the merits of the proposed 
exchange.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3508.3  Issuance of lease.

    (a) If, after public hearing, the authorized officer determines by 
written decision that issuance of the exchange lease is in the public 
interest, he/she shall establish stipulations for operations on the 
exchange lease.
    (b) The exchange lease shall be subject to the relevant provisions 
of group 3500 and standard lease terms thereunder and shall contain:
    (1) A statement that the lessee quitclaims and relinquishes any 
right or interest in the preference right lease application or lease 
exchanged; and
    (2) A statement setting forth the authorized officer's finding that 
the lease issuance is in the public interest.



 Subpart 3509--Relinquishment, Termination, Expiration, and Cancellation



Sec. 3509.1  Relinquishment.



Sec. 3509.1-1  Prospecting permits.

    The permittee may relinquish the entire prospecting permit or any 
legal subdivision thereof. A partial relinquishment shall clearly 
describe the lands surrendered and give the exact acreage relinquished. 
A relinquishment shall be filed in the proper BLM office. Upon its 
acceptance by the authorized officer, the relinquishment shall be 
effective as of the date it is filed. Such lands, if otherwise 
available, shall be subject to the filing of new applications 
immediately upon notation of the relinquishment on the official status 
records.



Sec. 3509.1-2  Leases.

    Upon a satisfactory showing that the public interest will not be 
impaired, the lessee may relinquish the entire lease or any legal 
subdivision thereof. A partial relinquishment shall clearly describe the 
lands surrendered and the exact area thereof. A relinquishment shall be 
filed in the proper BLM office. Upon its acceptance by the authorized

[[Page 659]]

officer, the relinquishment shall be effective as of the date it is 
filed, subject to the continued obligation of the lessee and his/her 
surety to make payment of all accrued rentals and royalties and to 
provide for the preservation of any mines or productive works or 
permanent improvements on the leased lands in accordance with the 
regulations and terms of the lease.



Sec. 3509.2  Termination of prospecting permits.

    A prospecting permit shall automatically terminate for failure to 
pay rental on or before the anniversary date of the permit. The 
termination of the permit for failure to pay rental shall be noted on 
the official status records of the proper BLM office. Until such 
notation is made, the lands covered by the permit shall not be available 
for filing of any new permit applications. Applications for such permits 
filed prior to such notation shall be rejected.



Sec. 3509.3  Expiration.



Sec. 3509.3-1  Prospecting permits.

    The permit shall expire at the end of its initial or extended term, 
as applicable, without notice to the permittee. However, a permit may be 
extended if the permittee timely files an application for extension (See 
Secs. 3512.9-2, 3532.9-2, 3552.9-2 and 3562.9-2). Upon expiration, the 
lands, if otherwise available and if no preference right lease 
application has been filed by the prior permit holder, shall be subject 
to filing of new applications for prospecting permits 60 days 
thereafter.



Sec. 3509.3-2  Leases.

    (a) Hardrock, sodium, sulphur and asphalt leases shall expire either 
at the end of the lease term, if a timely application for lease renewal 
is not timely filed in accordance with applicable regulations, or at the 
time a timely application for renewal is rejected.
    (b) Potassium, phosphate and gilsonite leases continue for so long 
as the lessee complies with the lease terms and conditions which are 
subject to periodic readjustment in accordance with applicable 
regulations.



Sec. 3509.4  Cancellation.



Sec. 3509.4-1  Prospecting permits.

    (a) Except as provided for in Sec. 3509.2 of this title, if a 
permittee fails to comply with the provisions of the law or the 
regulations issued thereunder, or defaults with respect to any of the 
terms or stipulations of the permit and such failure or default 
continues for 30 days after service of written notice thereof by the 
authorized officer, the permit may be cancelled. A waiver of any 
particular cause for cancellation shall not prevent the cancellation of 
the permit for any other cause, or for the same cause occurring at any 
other time.
    (b) The cancellation of a permit for cause shall be noted on the 
official status records of the proper BLM office. Until such notation is 
made, the lands covered by the permit shall not be available for filing 
of like applications for a permit. Applications for such permits filed 
prior to such notation shall be rejected.



Sec. 3509.4-2  Leases.

    (a) If the lessee fails to comply with the provisions of the Act, or 
of the general regulations promulgated and in force on the date of the 
lease, or at the effective date of any readjustment of the terms and 
conditions thereof, or defaults in the performance or observance of any 
of the terms, covenants, and stipulations of the lease and such failure 
or default continues for 30 days after service of written notice thereof 
by the lessor, then the lessor may institute appropriate proceedings in 
a court of competent jurisdiction for the forfeiture and cancellation of 
the lease as provided in section 31 of the Act. A waiver of any 
particular cause of forfeiture shall not prevent the cancellation and 
forfeiture of the lease for any other cause of forfeiture, or for the 
same cause occurring at any other time.
    (b) If any interest in any lease is owned or controlled directly or 
indirectly in violation of any of the provisions of the Act, the 
authorized officer shall give the lessee 30 days to remedy the violation 
or to show cause why the

[[Page 660]]

Attorney General should not be requested to institute proceedings in a 
court of competent jurisdiction to:
    (1) Cancel the lease;
    (2) Forfeit the interest so owned; or
    (3) Compel disposal of the interest so owned or controlled.
    (c) If a lease is issued improperly, it shall be subject to 
administrative cancellation.



Sec. 3509.4-3  Bona fide purchasers.

    (a) A lease or interest therein shall not be cancelled to the extent 
that such action adversely affects the title or interest of a bona fide 
purchaser even though such lease or interest, when held by a predecessor 
in title, may have been subject to cancellation. All purchasers shall be 
charged with constructive notice as to all pertinent regulations and all 
Bureau records pertaining to the lease and the lands covered by the 
lease.
    (b) Prompt action shall be taken to dismiss, as a party to any 
proceedings with respect to a violation by a predecessor of any 
provisions of the Act, any person who shows the holding of an interest 
as a bona fide purchaser without having violated any provisions of the 
Act. No hearing shall be necessary upon such showing unless prima facie 
evidence is presented that the purchaser is not a bona fide purchaser. 
If, during any such proceeding, a party thereto files a waiver of his/
her rights under the lease to drill or to assign his/her lease 
interests, or if such rights are suspended by order of the Secretary 
pending a decision, payments or rentals and the running of time against 
the term of the lease involved shall be suspended as of the first day of 
the month following the filing of the waiver or of the Secretary's 
suspension until the first day of the month following the final decision 
in the proceeding or the revocation of the waiver for suspension.



PART 3510--PHOSPHATE--Table of Contents




                Subpart 3510--Phosphate Leasing: General

Sec.
3510.0-3  Authority.
3510.1  Leasing procedures.
3510.2  Other applicable regulations.
3510.2-1  General leasing regulations.
3510.2-2  Special areas.
3510.3  Allowable acreage holdings.

                Subpart 3511--Lease Terms and Conditions

3511.1  Applicability of lease terms and conditions.
3511.2  Rental and royalty.
3511.2-1  Rental.
3511.2-2  Production royalty.
3511.3  Duration of lease.
3511.4  Readjustment.
3511.5  Use of other minerals.
3511.6  Bonds.
3511.7  Special stipulations.
3511.8  Other applicable regulations.

               Subpart 3512--Phosphate Prospecting Permits

3512.1  Areas subject to prospecting.
3512.2  Rights conferred by issuance of prospecting permits.
3512.3  Application for prospecting permit.
3512.3-1  Filing requirements.
3512.3-2  Contents of application.
3512.3-3  Exploration plans.
3512.3-4  Rejection of application.
3512.4  Determination of priorities.
3512.4-1  Regular filings.
3512.4-2  Simultaneous filings.
3512.5  Amendment to application.
3512.6  Withdrawal of application.
3512.7  Permit bonds.
3512.8  Terms and conditions of permit.
3512.8-1  Duration of permit.
3512.8-2  Dating of permits.
3512.8-3  Annual rental.
3512.8-4  Special stipulations.
3512.9  Prospecting permit extensions.
3512.9-1  Conditions for, and duration of, extensions.
3512.9-2  Application for extension.
3512.9-3  Effective date.

                  Subpart 3513--Preference Right Lease

3513.1  Application for preference right lease.
3513.1-1  Filing requirements.
3513.1-2  Contents of application.
3513.2  Review of application.
3513.2-1  Preference right determination.
3513.2-2  Surface management agency.
3513.3  Issuance of lease.
3513.4  Rejection of application.

                    Subpart 3514--Exploration License

3514.0-3  Authority.
3514.1  Exploration license.
3514.2  Regulations applicable.
3514.3  Exploration plan.
3514.4  Notice of exploration.
3514.4-1  Contents of notice.
3514.4-2  Publication and posting of notice.
3514.4-3  Notice of participation.
3514.4-4  Decision on plan and participation.
3514.5  Submission of data.

[[Page 661]]

3514.6  Modification of exploration plan.

                    Subpart 3515--Competitive Leasing

3515.1  Lands subject only to competitive leasing.
3515.2  Surface management agency.
3515.3  Sale procedures.
3515.3-1  Publication and posting of notice.
3515.3-2  Contents of notice.
3515.3-3  Detailed statement.
3515.4  Bid opening.
3515.5  Award of lease.
3515.6  Rejection of bid.

 Subpart 3516--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3516.1  Lands subject to lease.
3516.2  Special requirements.
3516.3  Filing requirements.
3516.4  Surface management agency.
3516.5  Payment of bonus.
3516.6  Terms and conditions of lease.

                        Subpart 3517--Use Permits

3517.1  Use permits.
3517.1-1  Applications.
3517.1-2  Rental.
3517.1-3  Additional requirements.
3517.2  Approval.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands, as amended (30 U.S.C. 351-359); the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Act of March 3, 
1933, as amended (47 Stat. 1487); Sec. 10, Act of August 4, 1939 (43 
U.S.C. 387); the Act of October 8, 1964 (16 U.S.C. 460n et seq.); the 
Act of November 8, 1965 (16 U.S.C. 460q et seq.); the Act of October 2, 
1968 (16 U.S.C. 90c et seq.); the Act of October 27, 1972 (16 U.S.C. 
460dd et seq.); the Alaska National Interest Lands Conservation Act (16 
U.S.C. 460mm-2-460mm-4); the Independent Offices Appropriations Act (31 
U.S.C. 9701).

    Source:  51 FR 15222, Apr. 22, 1986, unless otherwise noted.



                Subpart 3510--Phosphate Leasing: General



Sec. 3510.0-3  Authority.

    Authority for leasing phosphate is shown under Sec. 3500.0-3 (a) and 
(c) of this title.



Sec. 3510.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of phosphate, including 
associated and related minerals, found on lands available for leasing. 
The regulations provide for this in the following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of phosphate.
    (b) Preference right leases are issued to holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of phosphate 
under the permit.
    (c) Exploration licenses allow the licensee to explore known 
deposits of phosphate to obtain data but do not grant the licensee any 
preference or other right to a lease.
    (d) Competitive leases are issued for known deposits of phosphate 
and allow the lessee to mine the deposit.
    (e) Fringe acreage leases are issued noncompetitively for known 
deposits of phosphate on Federal lands adjacent to existing mines on 
non-Federal lands which can only be mined as part of the existing mining 
operation.
    (f) Lease modifications are used to add known deposits of phosphate 
to an adjacent Federal lease which contains an existing mine provided 
the deposits can only be mined as part of the existing mining operation.



Sec. 3510.2  Other applicable regulations.



Sec. 3510.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The part 3500 
regulations include, but are not limited to, such matters as multiple 
mineral development, environmental review, other agency consent and 
consultation, and lands not available for leasing. Cross-reference to 
specific regulations in part 3500 is provided in this part as an aid to 
the reader and is not intended to limit the applicability of part 3500 
of this title only to the cross-referenced regulations.



Sec. 3510.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and as applicable, supplements this part.

[[Page 662]]

Except where specific regulations in part 3580 of this title are 
applicable, the regulations in this part and part 3500 of this title 
shall govern the leasing of phosphate in those national recreation areas 
and those patented lands.



Sec. 3510.3  Allowable acreage holdings.

    No person, company, association or corporation may hold at any 
particular time, directly or indirectly, more than 20,480 acres under 
prospecting permit and lease in the United States.



                Subpart 3511--Lease Terms and Conditions



Sec. 3511.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or readjusted under part 3510 of this title. Each 
lease shall be issued on a form approved by the Director and shall be 
dated as of the first day of the month after its approval by the 
authorized officer unless the applicant requests in writing that it be 
dated the first day of the month in which it is approved. Each lease 
shall authorize, in accordance with its terms and conditions, the mining 
of phosphate, phosphate rock and associated or related minerals.



Sec. 3511.2  Rental and royalty.



Sec. 3511.2-1  Rental.

    (a) Each lease shall provide for the payment of rental annually on 
or before the anniversary date of the lease. The rental for each acre or 
fraction thereof shall be at the rate of not less than 25 cents for the 
first lease year, 50 cents for the second and third lease years, and $1 
for each and every year thereafter. The annual rental payment shall not 
be less than $20. The rental paid for any year shall be credited against 
the first royalties as they accrue under the lease during the year for 
which rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2)
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3511.2-2  Production royalty.

    All leases shall be conditioned upon the payment to the United 
States of such royalties as may be specified in the lease, which shall 
be fixed by the authorized officer in advance as provided under 
Sec. 3503.2-1 of this title but not less than 5 per centum of the gross 
value of the output of phosphates or phosphate rock and associated or 
related minerals.



Sec. 3511.3  Duration of lease.

    The lease shall be issued for an indeterminate period subject to the 
Secretary's right of reasonable readjustment of lease terms and 
conditions at the end of each 20-year period.



Sec. 3511.4  Readjustment.

    (a) The terms and conditions of a lease are subject to reasonable 
readjustment at the end of each 20-year period following the effective 
date of the lease unless otherwise provided by law at the time of 
expiration of such period. Prior to the expiration of each 20-year 
period, the authorized officer shall transmit proposed readjusted terms 
and conditions to the lessee. If the authorized officer fails to 
transmit the proposed readjusted terms and conditions prior to the 
expiration of the 20-year period, the right to readjust the lease shall 
have been waived until the expiration of the next 20-year term.
    (b) The lessee is deemed to have agreed to the readjusted terms and 
conditions unless within 60 days after receiving them, the lessee files 
an objection to the readjusted terms and conditions or relinquishes the 
lease. The authorized officer shall issue a decision responding to the 
objections, and if the response is adverse to the lessee, the decision 
shall grant the right of appeal under part 4 of this title. The 
effective date of the readjustment shall not be affected by the filing 
of objections or the filing of a notice of appeal.

[[Page 663]]

    (c) Except as provided in this paragraph, the readjusted terms and 
conditions shall be effective pending a response to the objections or 
the outcome of the appeal provided for in paragraph (b) of this section 
unless the authorized officer provides otherwise. Upon the filing of an 
objection or appeal, the obligation to pay any increased readjusted 
royalties, minimum royalties and rentals shall be suspended pending the 
outcome of the objection or appeal. However, any such increased 
royalties, minimum royalties and rentals shall accrue during the 
pendency of the objection or appeal, commencing with the effective date 
of the readjustment. If the increased royalties, minimum royalties and 
rentals are sustained by the decision on the objection or on appeal, the 
accrued balance, plus interests at the rate specified for late payment 
by the Service shall be payable (See part 3590). Pending the decision on 
the objection or the appeal, the royalties, minimum royalties and 
rentals shall be payable as specified by the lease terms and conditions 
in effect prior to the end of the 20-year period.



Sec. 3511.5  Use of other minerals.

    Any phosphate lease issued pursuant to this subpart shall provide 
that the lessee may use deposits of silica, limestone or other rock on 
the leased lands in the processing or refining of the phosphates, 
phosphate rock and associated or related minerals mined from the leased 
lands upon payment of royalty as set forth in the royalty schedule 
attached to the lease.



Sec. 3511.6  Bonds.

    Prior to issuance of a lease, the applicant shall furnish a bond in 
an amount to be determined by the authorized officer, but not less than 
$5,000. (See subpart 3504)



Sec. 3511.7  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title. (See also part 3580)



Sec. 3511.8  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title.
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title.
    (c) Assignments and subleases are covered by subpart 3506 of this 
title.
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title.
    (e) Exploration and mining are covered by part 3590 of this title.
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.



               Subpart 3512--Phosphate Prospecting Permits



Sec. 3512.1  Areas subject to prospecting.

    A prospecting permit may be issued for any unclaimed, undeveloped 
area of available public domain or acquired lands subject to leasing 
where prospecting or exploratory work is necessary to determine the 
existence or workability of deposits of phosphate. Discovery of a 
valuable deposit of phosphate within the term of the permit entitles the 
permittee to a preference right lease.



Sec. 3512.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of phosphate in accordance with the terms and conditions of the 
permit. The permittee may remove only such material as is necessary to 
demonstrate the existence of a valuable mineral deposit.



Sec. 3512.3  Application for prospecting permit.



Sec. 3512.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of such form.

[[Page 664]]

    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall be for the 
total acreage if known, and if not known, for the total acreage computed 
on the basis of 40 acres for each smallest subdivision. The rental 
payment shall not be less than $20.



Sec. 3512.3-2  Contents of applications.

    Each application shall be typewritten, or printed plainly in ink; 
manually signed in ink and dated by the applicant or applicant's duly 
authorized attorney-in-fact, and shall contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's qualifications and holdings. (See 
subpart 3502); and
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
2,560 acres in a reasonably compact form.



Sec. 3512.3-3  Exploration plans.

    After an initial review and clearance of the application, but prior 
to the issuance of the prospecting permit, the authorized officer shall 
require the applicant to file an exploration plan in triplicate, 
reasonably designed to determine the existence or workability of the 
deposit. The exploration plan shall, insofar as possible, include the 
following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation and other physical factors, and the distribution, abundance 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;
    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs or other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing.
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features, 
and the proposed location of drill holes, trenches and roads; and
    (f) Such other data as may be required by the authorized officer.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3512.3-4  Rejection of application.

    Any application for a prospecting permit which does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days of receipt of 
the rejection, the nonrefundable filing fee and rental payment submitted 
with the original application shall be applied to the new application, 
provided the serial number of the original application is shown on the 
new application. If a new application is not filed within the 30-day 
period, the advance rental shall be refunded. Priority for the permit 
shall be

[[Page 665]]

established as of the date the corrected application is filed.



Sec. 3512.4  Determination of priorities.



Sec. 3512.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.



Sec. 3512.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands, priority shall be determined in accordance with Sec. 1821.2-3 of 
this title.



Sec. 3512.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands shall receive priority for such additional lands from 
the date of the filing of the amended application. The amended 
application shall be accompanied by the required advance rental. No 
additional filing fees are required.



Sec. 3512.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal, the advance rental submitted with the 
application shall be refunded.



Sec. 3512.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an amount determined by the authorized officer, but not less than 
$1,000. (See subpart 3504)



Sec. 3512.8  Terms and conditions of permit.



Sec. 3512.8-1  Duration of permit.

    Prospecting permits are issued for an initial term of 2 years, and 
may be extended for an additional period not to exceed 4 years as 
provided in Sec. 3512.9 of this title. No exploration activities other 
than those approved as part of an existing exploration plan shall be 
conducted following expiration of the initial term unless and until the 
permit has been extended by the authorized officer.



Sec. 3512.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3512.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3512.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the responsible official of the surface management 
agency if the surface is not under Bureau jurisdiction as described in 
Sec. 3500.9 of this title. (See part 3580)



Sec. 3512.9  Prospecting permit extensions.



Sec. 3512.9-1  Conditions for, and duration of, extensions.

    A permit may be extended for a maximum of 4 years at the discretion 
of the authorized officer provided that:
    (a) The permittee has been unable, with reasonable diligence, to 
determine the existence or workability of valuable deposits covered by 
the permit and desires to continue the prospecting or exploration 
program. Reasonable diligence means that, in the opinion of the 
authorized officer, the permittee has drilled a sufficient number of 
core holes on the permit area or performed other comparable prospecting 
to explore the permit area within the time allowed; or
    (b) The permittee's failure to perform diligent prospecting 
activities was due to conditions beyond his/her control.



Sec. 3512.9-2  Application for extension:

    (a) Filing requirements.
    (1) No specific application form is required.
    (2) Application for extension shall be filed in the proper BLM 
office at least 90 days prior to expiration of the permit.

[[Page 666]]

    (3) Applications for extension shall be accompanied by a 
nonrefundable filing fee of $25, and advance rental of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall not be 
less than $20.
    (b) The application for extension shall:
    (1) Demonstrate that the permittee has met the conditions for 
extension set out in Sec. 3512.9-1 of this title;
    (2) Demonstrate the permittee's diligent prospecting activities; and
    (3) Show how much additional time is necessary to complete 
prospecting work.



Sec. 3512.9-3  Effective date.

    The permit extension shall become effective as of the date of 
approval.



                  Subpart 3513--Preference Right Lease



Sec. 3513.1  Application for preference right lease.



Sec. 3513.1-1  Filing requirements.

    (a) No specific application form is required.
    (b) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires.
    (c) The application shall be accompanied by the first year's rental 
at the rate of 25 cents per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. The rental 
payment shall not be less than $20. (See subpart 3503)



Sec. 3513.1-2  Contents of application.

    (a) The application shall contain a statement of qualification and 
holdings in compliance with subpart 3502 of this title.
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 2,560 acres.
    (c) The application shall be accompanied by a map(s) which shows 
utility systems, the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and the extent of the areas to be used for pits, overburden 
and tailings, and the location of water sources or other resources which 
may be used in the proposed operations or facilities incidental thereto.
    (d) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities incidental thereto, on adjacent Federal or 
non-federal lands.



Sec. 3513.2  Review of application.



Sec. 3513.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of phosphate. The determination shall be 
based on the data furnished to the authorized officer by the permittee 
as required by part 3590 of this title during the life of the permit and 
supplemental data submitted at the request of the authorized officer to 
determine the extent and character of the deposit, the anticipated 
mining and processing methods, the anticipated location, kind and extent 
of necessary surface disturbance and measures to be taken to reclaim 
that disturbance.



Sec. 3513.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3513.1-2 of this title.

[[Page 667]]



Sec. 3513.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the term of the permit, a 
valuable deposit of phosphate was discovered.



Sec. 3513.4  Rejection of application.

    (a) The authorized officer shall reject an application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of 
phosphate;
    (2) The applicant did not submit in a timely manner requested 
information; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts sufficient to show 
entitlement to a lease, an applicant shall have a right to a hearing 
before an Administrative Law Judge in the Office of Hearings and 
Appeals.
    (c) At the hearing, the lease applicant shall have both the burden 
of going forward and the burden of proof by a preponderance of the 
evidence that a valuable deposit of phosphate was discovered.



                    Subpart 3514--Exploration License



Sec. 3514.0-3  Authority.

    Section 302(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732(b)).



Sec. 3514.1  Exploration license.

    Private parties, jointly or severally, may apply for exploration 
licenses to explore known, unleased phosphate deposits to obtain 
geologic, environmental and other pertinent data concerning such 
deposits.



Sec. 3514.2  Regulations applicable.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations under part 2920 of 
this title shall govern the issuance of exploration licenses.



Sec. 3514.3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3512.3-3 of this 
title. The exploration plan, as approved, shall be attached to, and made 
a part of, the license.



Sec. 3514.4  Notice of exploration.

    Applicants for exploration licenses shall be required to publish a 
Notice of Exploration inviting other parties to participate in 
exploration under the license on a pro rata cost sharing basis.



Sec. 3514.4-1  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;
    (c) The address of the Bureau office where the exploration plan 
shall be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3514.4-2  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation in the area where the lands are located.
    (b) The authorized officer shall post the notice in the proper BLM 
office for 30 days.



Sec. 3514.4-3  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting.



Sec. 3514.4-4  Decision on plan and participation.

    The authorized officer may issue the license naming participants and 
acreage covered, establishing core hole spacing and resolving any other 
issue necessary to minimize surface disturbance and inconsistencies 
between proposed exploration plans.

[[Page 668]]



Sec. 3514.5  Submission of data.

    The licensee shall furnish the authorized officer copies of all data 
obtained during exploration. All data shall be considered confidential 
and not made public until the areas involved have been leased or until 
the authorized officer determines that the data are not exempt from 
disclosure under the Freedom of Information Act, whichever occurs first.



Sec. 3514.6  Modification of exploration plan.

    Upon application therefor, a modification of the exploration plan 
may be approved by the authorized officer.



                    Subpart 3515--Competitive Leasing



Sec. 3515.1  Lands subject only to competitive leasing.

    Lands available for leasing where prospecting or exploratory work is 
unnecessary to determine the existence or workability of a valuable 
phosphate deposit may be leased only through competitive sale to the 
qualified bidder who offers the highest acceptable bonus bid, except as 
provided in subparts 3508 and 3516 of this title. A competitive lease 
sale may be initiated either through an expression of interest or on 
Bureau motion.



Sec. 3515.2  Surface managment agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 and part 3580 of this 
title, as applicable.



Sec. 3515.3  Sale procedures.



Sec. 3515.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale shall be posted for 30 days in the public room of 
the proper BLM office.



Sec. 3515.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the phosphate deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3515.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The proposed lease on a form approved by the Director with terms 
and conditions, including the rental, royalty rates, bond amount, and 
special stipulations for the particular tract;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See part 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay their proportionate share of the total cost of 
the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3515.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.

[[Page 669]]



Sec. 3515.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the lease on 
the form attached to the detailed statement shall be sent to the 
successful bidder who shall, within a specified time, sign and return 
the lease form, pay the balance of the bonus bid, pay the first year's 
rental, pay the publication costs and furnish the required lease bond.



Sec. 3515.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3516--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3516.1  Lands subject to lease.

    Lands available for leasing which are known to contain a phosphate 
deposit that extends from an adjoining Federal lease or from privately 
held lands may be leased noncompetitively either by a issuance of a new 
lease for these lands or by adding such lands to an existing Federal 
lease.



Sec. 3516.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 
2,560 acres; or
    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 2,560 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active phosphate mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) Leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3516.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of 25 cents per acre or 
fraction thereof for a new lease or at the rental rate set forth in the 
base lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall not be 
less than $20.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that a phosphate deposit extends from the 
applicant's adjoining lease or from private lands owned or controlled by 
the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3516.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 and part 3580 of this title, as 
applicable.



Sec. 3516.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the

[[Page 670]]

authorized officer based on an appraisal. In no event, shall such 
payment be less than $1 per acre or fraction thereof.



Sec. 3516.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3511 of this title. The terms and conditions of 
modified leases shall be the same as in the existing leases.



                        Subpart 3517--Use Permits



Sec. 3517.1  Use permits.

    A lessee or permittee may be granted a right to use the surface of 
unappropriated and unentered public lands, not exceeding 80 acres, not 
included within the boundaries of a national forest if necessary for the 
proper extraction, treatment or removal of the mineral deposits. This 
provision is not applicable to National Forest System lands.



Sec. 3517.1-1  Applications.

    Applications for permits to use additional lands shall be filed in 
triplicate in the proper BLM office. Each application shall be 
accompanied by a nonrefundable $25 filing fee and the first year's 
rental. The rental payment shall not be less than $20.



Sec. 3517.1-2  Rental.

    (a) The annual rental charge for use of such lands shall not be less 
than $1 an acre or fraction thereof. Payment of the rental shall be made 
on or before the anniversary date of the permit and also shall be 
required on all use permits issued prior to the effective date of this 
section.
    (b) Any use permit shall terminate if the permittee or lessee fails 
to pay the rental within 30 days after service of written notice thereof 
by the authorized officer.



Sec. 3517.1-3  Additional requirements.

    Applications shall set forth the specific reasons why the permittee 
or lessee needs any additional lands for the use named, describe the 
lands desired in accordance with subpart 3501 of this title and also set 
forth the reasons why the lands are desirable and adapted to the use 
named, either in point of location, topography or otherwise, and shall 
assure that they are unoccupied and unappropriated. The application 
shall also contain an agreement to pay the annual charge prescribed in 
the permit.



Sec. 3517.2  Approval.

    A use permit shall be issued on a form approved by the Director and 
dated as of the first day of the month after its issuance unless the 
applicant requests, in writing, that it be dated the first day of the 
month of issuance.



PART 3520--SODIUM--Table of Contents




                  Subpart 3520--Sodium Leasing: General

Sec.
3520.0-3  Authority.
3520.1  Leasing procedures.
3520.2  Other applicable regulations.
3520.2-1  General leasing regulations.
3520.2-2  Special areas.
3520.3  Allowable acreage holdings.

                Subpart 3521--Lease Terms and Conditions

3521.1  Applicability of lease terms and conditions.
3521.2  Rental and royalty.
3521.2-1  Rental.
3521.2-2  Production royalty.
3521.3  Duration of lease.
3521.4  Bonds.
3521.5  Special stipulations.
3521.6  Other applicable regulations.

                Subpart 3522--Sodium Prospecting Permits

3522.1  Areas subject to prospecting.
3522.2  Rights conferred by issuance of prospecting permits.
3522.3  Application for prospecting permit.
3522.3-1  Filing requirements.
3522.3-2  Contents of application.
3522.3-3  Exploration plans.
3522.3-4  Rejection of application.
3522.4  Determination of priorities.
3522.4-1  Regular filings.
3522.4-2  Simultaneous filings.
3522.5  Amendment to application.
3522.6  Withdrawal of application.
3522.7  Permit bonds.
3522.8  Terms and conditions of permit.
3522.8-1  Duration of permit.
3522.8-2  Dating of permits.
3522.8-3  Annual rental.
3522.8-4  Special stipulations.

                  Subpart 3523--Preference Right Lease

3523.1  Application for preference right lease.
3523.1-1  Filing requirements.

[[Page 671]]

3523.1-2  Contents of application.
3523.2  Review of application.
3523.2-1  Preference right determination.
3523.2-2  Surface management agency.
3523.3  Issuance of lease.
3523.4  Rejection of application.

                    Subpart 3524--Exploration License

3524.0-3  Authority.
3524.1  Exploration license.
3524.2  Regulations applicable.
3524.3  Exploration plan.
3524.4  Notice of exploration.
3524.4-1  Contents of notice.
3524.4-2  Publication and posting of notice.
3524.4-3  Notice of participation.
3524.4-4  Decision on plan and participation.
3524.5  Submission of data.
3524.6  Modification of exploration plan.

                    Subpart 3525--Competitive Leasing

3525.1  Lands subject only to competitive leasing.
3525.2  Surface management agency.
3525.3  Sale procedures.
3525.3-1  Publication and posting of notice.
3525.3-2  Contents of notice.
3525.3-3  Detailed statement.
3525.4  Bid opening.
3525.5  Award of lease.
3525.6  Rejection of bid.

 Subpart 3526--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3526.1  Lands subject to lease.
3526.2  Special requirements.
3526.3  Filing requirements.
3526.4  Surface management agency.
3526.5  Payment of bonus.
3526.6  Terms and conditions of lease.

                        Subpart 3527--Use Permits

3527.1  Use permits.
3527.1-1  Applications.
3527.1-2  Rental.
3527.1-3  Additional requirements.
3527.2  Approval.

                      Subpart 3528--Lease Renewals

3528.1  Applications.
3528.2  Bonds.
3528.3  Failure to apply for renewal.
3528.4  Lease terms and conditions.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947 (30 U.S.C. 351-359); the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.); the Act of March 3, 
1933, as amended (47 Stat. 1487); sec. 10 of the Act of Aug. 4, 1939 (43 
U.S.C. 387); the Act of Oct. 8, 1964 (16 U.S.C. 460n et seq.); the Act 
of Nov. 8, 1965 (16 U.S.C. 460q et seq.); the Act of Oct. 2, 1968 (16 
U.S.C. 90c et seq.); the Act of Oct. 27, 1972 (16 U.S.C. 460dd et seq.); 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 460mm-2-
460mm-4); the Independent Offices Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15228, Apr. 22, 1986, unless otherwise noted.



                  Subpart 3520--Sodium Leasing: General



Sec. 3520.0-3  Authority.

    Authority for leasing deposits of chlorides, sulphates, carbonates, 
borates, silicates or nitrates of sodium, hereinafter referred to as 
deposits of sodium or any sodium compound, is shown under Sec. 3500.0-3 
(a) and (c) of this title.



Sec. 3520.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of sodium or any sodium 
compound found on lands available for leasing. The regulations provide 
for this in the following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of sodium or any sodium compound.
    (b) Preference right leases are issued to the holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of sodium or 
any sodium compound under the permit and that the lands covered by the 
permit are chiefly valuable therefore.
    (c) Exploration licenses allow the licensee to explore known 
deposits of sodium or any sodium compound to obtain data but do not 
grant the licensee any preference or other right to a lease.
    (d) Competitive leases are issued for known deposits of sodium or 
any sodium compound and allow the lessee to mine the deposit.
    (e) Fringe acreage leases are issued noncompetitively for known 
deposits of sodium or any sodium compound adjacent to existing mines on 
non-Federal lands which can only be mined as part of the existing mining 
operation.

[[Page 672]]

    (f) Lease modifications are used to add known deposits of sodium or 
any sodium compound to an adjacent Federal lease which contains an 
existing mine provided the deposits can only be mined as part of the 
existing mining operation.



Sec. 3520.2  Other applicable regulations.



Sec. 3520.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The 
regulations in part 3500 of this title include, but are not limited to, 
such matters as multiple mineral development, environmental review, 
other agency consent and consultation, and lands not available for 
leasing. Cross-reference to specific regulations in part 3500 of this 
title is provided in this part as an aid to the reader and is not 
intended to limit the applicability of part 3500 of this title only to 
the cross-referenced regulations.



Sec. 3520.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and as applicable, supplements this part. Except where 
specific regulations in part 3580 of this title are applicable, the 
regulations in this part and part 3500 of this title shall govern the 
leasing of deposits of sodium or any sodium compound in those national 
recreation areas and those patented lands.



Sec. 3520.3  Allowable acreage holdings.

    No person, company, association or corporation may hold at any 
particular time, directly or indirectly, more than 5,120 acres under 
prospecting permit and lease in any 1 State, except that, where the 
Secretary determines pursuant to 30 U.S.C. 184(b)(2) that it is 
necessary to secure the economic mining of sodium compounds, holdings 
may equal 15,360 acres.



                Subpart 3521--Lease Terms and Conditions



Sec. 3521.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or renewed under part 3520 of this title. Each lease 
shall be issued on a form approved by the Director and shall be dated as 
of the first day of the month after its approval by the authorized 
officer unless the applicant requests in writing that it be dated the 
first day of the month in which it is approved. Each lease shall 
authorize, in accordance with its terms and conditions, the mining of 
sodium, sodium compounds and other related products, including, but not 
limited to, potassium and potassium compounds.



Sec. 3521.2  Rental and royalty.



Sec. 3521.2-1  Rental.

    (a) Each lease shall provide for the payment of rental annually and 
in advance for each acre or fraction thereof during the continuance of 
the lease at the rate of 25 cents for the first calendar year or 
fraction thereof, 50 cents for the second, third, fourth and fifth 
calendar years and $1 for each and every year thereafter. Rental is 
payable annually on or before January 1. The rental paid for any year 
shall be credited against the first royalties as they accrue under the 
lease during the year for which rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2)
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3521.2-2  Production royalty.

    All leases shall be conditioned upon the payment to the United 
States of such royalties as may be specified in the lease, which shall 
be fixed by the

[[Page 673]]

authorized officer in advance as provided under Sec. 3503.2-1 of this 
title, but at not less than 2 per centum of the quantity or gross value 
of the output of sodium compounds and related products at the point of 
shipment to market.



Sec. 3521.3  Duration of lease.

    The lease shall be issued for an initial term of 20 years subject to 
a preferential right in the lessee to renew for a 10-year term at the 
end of the initial term and at the end of each 10-year period 
thereafter. (See subpart 3528)



Sec. 3521.4  Bonds.

    Prior to issuance of a lease under this part, the applicant shall 
furnish a bond in an amount to be determined by the authorized officer 
but not less than $5,000. (See subpart 3504)



Sec. 3521.5  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title. (See also part 3580)



Sec. 3521.6  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title.
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title.
    (c) Assignments and subleases are covered by subpart 3506 of this 
title.
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title.
    (e) Exploration and mining are covered by part 3590 of this title.
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



                Subpart 3522--Sodium Prospecting Permits



Sec. 3522.1  Areas subject to prospecting.

    A prospecting permit may be issued for any area of available public 
domain or acquired lands subject to leasing where prospecting or 
exploratory work is necessary to determine the existence or workability 
of deposits of sodium or any sodium compound. If, within the term of the 
permit, the permittee makes a discovery of a valuable deposit of any of 
these sodium compounds, and the lands are determined to be chiefly 
valuable therefor, the permittee is entitled to a preference right 
lease.



Sec. 3522.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of sodium or any sodium compound in accordance with the terms 
and conditions of the permit. The permittee may remove only such 
material as is necessary to demonstrate the existence of a valuable 
mineral deposit.



Sec. 3522.3  Application for prospecting permit.



Sec. 3522.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of that form.
    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre, or fraction thereof, made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall be for the 
total acreage if known, and if not known, for the total acreage computed 
on the basis of 40 acres for each smallest subdivision. The rental 
payment shall not be less than $20.



Sec. 3522.3-2  Contents of application.

    Each application shall be typewritten, or printed plainly in ink; 
manually signed in ink and dated by

[[Page 674]]

the applicant or applicant's duly authorized attorney-in-fact, and shall 
contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's qualifications and holdings. (See 
subpart 3502); and
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
2,560 acres in a reasonably compact form.



Sec. 3522.3-3  Exploration plans.

    After initial review and clearance of the application, but prior to 
issuance of the prospecting permit, the authorized officer shall require 
the applicant to file an exploration plan in triplicate, reasonably 
designed to determine the existence or workability of the deposit. The 
exploration plan shall, insofar as possible, include the following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation, and other physical factors, and the distribution, abundance, 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and,
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;
    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs or other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing.
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features and 
the proposed location of drill holes, trenches and roads; and
    (f) Such other data as may be required by the authorized officer.



Sec. 3522.3-4  Rejection of application.

    Any application for a prospecting permit which does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days of receipt of 
the rejection, the nonrefundable filing fee and rental payment submitted 
with the original application shall be applied to the new application, 
provided the serial number of the original application is shown on the 
new application. If a new application is not filed within the 30-day 
period, the advance rental shall be refunded. Priority for the permit 
shall be established as of the date the corrected application is filed.



Sec. 3522.4  Determination of priorities.



Sec. 3522.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.



Sec. 3522.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands, priority shall be determined in accordance with subpart 1821 of 
this title.



Sec. 3522.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands shall receive priority for

[[Page 675]]

such additional lands from the date of the filing of the amended 
application. The amended application shall be accompanied by the 
required advance rental. No additional filing fees are required.



Sec. 3522.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal by the authorized officer, the advance 
rental submitted with the application shall be refunded.



Sec. 3522.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an amount determined by the authorized officer, but not less than 
$1,000. (See subpart 3504)



Sec. 3522.8  Terms and conditions of permit.



Sec. 3522.8-1  Duration of permit.

    Prospecting permits are issued for a term of 2 years, and may not be 
extended.



Sec. 3522.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3522.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3522.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the responsible official of the surface management 
agency if the surface is not under Bureau jurisdiction as described in 
Sec. 3500.9 of this title. (See also part 3580)



                  Subpart 3523--Preference Right Lease



Sec. 3523.1  Application for preference right lease.



Sec. 3523.1-1  Filing requirements.

    (a) No specific application form is required.
    (b) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires.
    (c) The application shall be accompanied by the first year's rental 
at the rate of 25 cents per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. (See subpart 
3503)



Sec. 3523.1-2  Contents of application.

    (a) The application shall include a statement of qualifications and 
holdings in accordance with subpart 3502 of this title;
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 2,560 acres;
    (c) The application shall be accompanied by a map(s) which shows 
utility systems; the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and the extent of the areas to be used for pits, overburden 
and tailings; and the location of water sources or other resources which 
may be used in the proposed operations or facilities incidental thereto; 
and
    (d) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities incidental thereto, on adjacent Federal or 
non-federal lands.

[[Page 676]]



Sec. 3523.2  Review of application.



Sec. 3523.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of sodium or any sodium compound and 
whether the lands are chiefly valuable therefor. The determination shall 
be based on data furnished to the authorized officer by the permittee as 
required by part 3590 of this title during the life of the permit and 
supplemental data submitted at the request of the authorized officer to 
determine the extent and character of the deposit, the anticipated 
mining and processing methods, the anticipated location, kind and extent 
of necessary surface disturbance and measures to be taken to reclaim 
that disturbance.



Sec. 3523.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3523.1-2 of this title.



Sec. 3523.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the term of the permit, a 
valuable deposit of sodium or any sodium compound was discovered and 
that the lands are chiefly valuable therefor.



Sec. 3523.4  Rejection of application.

    (a) The authorized officer shall reject the application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of sodium 
and/or the lands are not chiefly valuable therefor;
    (2) The applicant did not submit requested information in a timely 
manner; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts the applicant believes to be 
sufficient to show entitlement to lease, a permittee shall have the 
right to a hearing before an Administrative Law Judge in the Office of 
Hearings and Appeals.
    (c) At the hearing, the permittee shall have both the burden of 
going forward and the burden of proof by a preponderance of the evidence 
that a valuable deposit of sodium or any sodium compound was discovered 
and that the lands are chiefly valuable therefor.



                    Subpart 3524--Exploration License



Sec. 3524.0-3  Authority.

    Section 302(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732(b)).



Sec. 3524.1  Exploration license.

    Private parties, jointly or severally, may apply for exploration 
licenses to explore known, unleased deposits of sodium or any sodium 
compound to obtain geologic, environmental and other pertinent data 
concerning such deposits.



Sec. 3524.2  Regulations applicable.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations under part 2920 of 
this title shall govern the issuance of exploration licenses.



Sec. 3524.3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3522.3-3 of this 
title. The exploration plan, as approved, shall be attached to, and made 
a part of, the license.



Sec. 3524.4  Notice of exploration.

    Applicants for exploration licenses shall be required to publish a 
Notice of Exploration inviting other parties to participate in 
exploration under the license on a pro rata cost sharing basis.

[[Page 677]]



Sec. 3524.4-1  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;
    (c) The address of the Bureau office where the exploration plan 
shall be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3524.4-2  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation in the area where the lands are located.
    (b) The authorized officer shall post the notice in the proper BLM 
office for 30 days.



Sec. 3524.4-3  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting.



Sec. 3524.4-4  Decision on plan and participation.

    The authorized officer may issue the license naming participants and 
acreage covered, establishing core hole spacing and resolving any other 
issue necessary to minimize surface disturbance and inconsistencies 
between proposed exploration plans.



Sec. 3524.5  Submission of data.

    The licensee shall furnish the authorized officer copies of all data 
obtained during exploration. All data shall be considered confidential 
and not made public until the areas involved have been leased or until 
the authorized officer determines that the data are not exempt from 
disclosure under the Freedom of Information Act, whichever occurs first.



Sec. 3524.6  Modification of exploration plan.

    Upon application therefor, a modification of the exploration plan 
may be approved by the authorized officer.



                    Subpart 3525--Competitive Leasing



Sec. 3525.1  Lands subject only to competitive leasing.

    Lands available for leasing where prospecting or exploratory work is 
unnecessary to determine the existence or workability of valuable 
deposits of sodium or any sodium compound may be leased only through 
competitive sale to the qualified bidder who offers the highest 
acceptable bonus bid, except as provided in subparts 3508 and 3526 of 
this title. A competitive lease sale may be initiated either through an 
expression of interest or on Bureau motion.



Sec. 3525.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 and part 3580 of this 
title, as applicable.



Sec. 3525.3  Sale procedures.



Sec. 3525.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale also shall be posted for 30 days in the public room 
of the proper BLM office.



Sec. 3525.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the sodium deposit or any sodium compound 
deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3525.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:

[[Page 678]]

    (a) The proposed lease on a form approved by the Director with terms 
and conditions, including the rental, royalty rates, bond amount and 
special stipulations for the particular tract;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See subpart 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay their proportionate share of the total cost of 
the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3525.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.



Sec. 3525.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the lease on 
the form attached to the detailed statement shall be sent to the 
successful bidder who shall, within a specified time, sign and return 
the lease form, pay the balance of the bonus bid, pay the first year's 
rental, pay the publication costs and furnish the required lease bond.



Sec. 3525.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3526--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3526.1  Lands subject to lease.

    Lands available for leasing which are known to contain a deposit of 
sodium or any sodium compound that extends from an adjoining Federal 
lease or from privately held lands may be leased noncompetitively either 
by issuance of a new lease for these lands or by adding such lands to an 
existing Federal lease.



Sec. 3526.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 
2,560 acres; or
    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 2,560 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) That leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.

[[Page 679]]



Sec. 3526.3  Filing requirements.

    (a) An application shall be filed in triplicate with proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of 25 cents per acre or 
fraction thereof for a new lease or at the rental rate set forth in the 
base lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that a sodium deposit or any sodium compound 
deposit extends from the applicant's adjoining lease or from private 
lands owned or controlled by the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3526.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 and part 3580 of this title.



Sec. 3526.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event shall such payment be less than $1 per acre or fraction thereof.



Sec. 3526.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3521 of this title. The terms and conditions of a 
modified lease shall be the same as in the existing lease.



                        Subpart 3527--Use Permits



Sec. 3527.1  Use permits.

    A permittee or lessee may be granted a right to use, during the life 
of the permit or lease, the surface of unoccupied non-mineral public 
lands, not to exceed 40 acres, that are not included within the 
boundaries of a national forest, for camp sites, refining works and 
other purposes connected with, if necessary to, the proper development 
and use of the deposits covered by the permit or lease.



Sec. 3527.1-1  Applications.

    Applications for permits to use additional lands shall be filed in 
triplicate in the proper BLM office. No specific form is required. Each 
application shall be accompanied by a nonrefundable $25 filing fee and 
the first year's rental. The rental payment shall not be less than $20.



Sec. 3527.1-2  Rental.

    (a) The annual rental charge for use of such lands shall not be less 
than $1 per acre or fraction thereof. Payment of the rental shall be 
made on or before the anniversary date of the permit and also shall be 
required on all use permits issued prior to the effective date of this 
section.
    (b) Any use permit shall terminate if the permittee or lessee fails 
to pay the required rental within 30 days after service of written 
notice thereof by the authorized officer.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3527.1-3  Additional requirements.

    Applications shall set forth the specific reasons why the permittee 
or lessee needs the additional lands for the use named, describe the 
lands desired in accordance with subpart 3501 of this title and also set 
forth the reasons why the lands are desirable and adapted to the use 
named, either in point of location, topography or otherwise, and shall 
assure that they are unoccupied and unappropriated. The application 
shall also contain an agreement to pay the annual charge prescribed in 
the permit.



Sec. 3527.2  Approval.

    A use permit shall be issued on a form approved by the Director and 
dated as of the first day of the month after its issuance unless the 
applicant

[[Page 680]]

requests in writing that it be dated the first day of the month of 
issuance.



                      Subpart 3528--Lease Renewals



Sec. 3528.1  Applications.

    An application for lease renewal shall be filed at least 90 days 
prior to the expiration of the lease term. No specific form is required. 
All applications shall be filed in triplicate in the proper BLM office 
together with a nonrefundable $25 filing fee and an advance rental 
payment of $1 per acre or fraction thereof.



Sec. 3528.2  Bonds.

    Prior to the issuance of a renewal lease, the lessee may be required 
to furnish a new bond as prescribed by subpart 3504 of this title.



Sec. 3528.3  Failure to apply for renewal.

    If the holder of a lease fails to apply for renewal as provided in 
Sec. 3528.1 of this title, the lease shall expire on the last day of the 
current lease term.



Sec. 3528.4  Lease terms and conditions.

    Each lease, if renewed, shall be issued on a form approved by the 
Director and shall be effective the first day of the month following its 
approval by the authorized officer or the first day of the month 
following the expiration of the current lease, whichever is later, and 
shall otherwise be subject to the terms and conditions set forth under 
subpart 3521 of this title.



PART 3530--POTASSIUM--Table of Contents




                Subpart 3530--Potassium Leasing: General

Sec.
3530.0-3  Authority.
3530.1  Leasing procedures.
3530.2  Other applicable regulations.
3530.2-1  General leasing regulations.
3530.2-2  Special areas.
3530.3  Allowable acreage holdings.

                Subpart 3531--Lease Terms and Conditions

3531.1  Applicability of lease terms and conditions.
3531.2  Rental and royalty.
3531.2-1  Rental.
3531.2-2  Production royalty.
3531.3  Duration of lease.
3531.4  Readjustment.
3531.5  Bonds.
3531.6  Special stipulations.
3531.7  Other applicable regulations.

               Subpart 3532--Potassium Prospecting Permits

3532.1  Areas subject to prospecting.
3532.2  Rights conferred by issuance of prospecting permits.
3532.3  Application for prospecting permit.
3532.3-1  Filing requirements.
3532.3-2  Contents of application.
3532.3-3  Exploration plans.
3532.3-4  Rejection of application.
3532.4  Determination of priorities.
3532.4-1  Regular filings.
3532.4-2  Simultaneous filings.
3532.5  Amendment to application.
3532.6  Withdrawal of application.
3532.7  Permit bonds.
3532.8  Terms and conditions of permit.
3532.8-1  Duration of permit.
3532.8-2  Dating of permits.
3532.8-3  Annual rental.
3532.8-4  Special stipulations.
3532.9  Prospecting permit extensions.
3532.9-1  Conditions for, and duration of, extensions.
3532.9-2  Application for extension.
3532.9-3  Effective date.

                  Subpart 3533--Preference Right Lease

3533.1  Application for preference right lease.
3533.1-1  Filing requirements.
3533.1-2  Contents of application.
3533.2  Review of application.
3533.2-1  Preference right determination.
3533.2-2  Surface management agency.
3533.3  Issuance of lease.
3533.4  Rejection of application.

                    Subpart 3534--Exploration License

3534.0-3  Authority.
3534.1  Exploration license.
3534.2  Regulations applicable.
3534.3  Exploration plan.
3534.4  Notice of exploration.
3534.4-1  Contents of notice.
3534.4-2  Publication and posting of notice.
3534.4-3  Notice of participation.
3534.4-4  Decision on plan and participation.
3534.5  Submission of data.
3534.6  Modification of exploration plan.

                    Subpart 3535--Competitive Leasing

3535.1  Lands subject only to competitive leasing.
3535.2  Surface management agency.
3535.3  Sale procedures.
3535.3-1  Publication and posting of notice.
3535.3-2  Contents of notice.
3535.3-3  Detailed statement.
3535.4  Bid opening.
3535.5  Award of lease.

[[Page 681]]

3535.6  Rejection of bid.

 Subpart 3536--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3536.1  Lands subject to lease.
3536.2  Special requirements.
3536.3  Filing requirements.
3536.4  Surface management agency.
3536.5  Payment of bonus.
3536.6  Terms and conditions of lease.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359); the Federal Land 
Policy and Management Act of 1976 (43 U.S.C.1701 et seq.); the Act of 
Mar. 3, 1933, as amended; sec. 10, Act of Aug. 4, 1939 (43 U.S.C. 387); 
the Act of Oct. 8, 1964 (16 U.S.C. 460n et seq.); the Act of Nov. 8, 
1965 (16 U.S.C. 460q et seq.); the Act of Oct. 2, 1968 (16 U.S.C. 90c et 
seq.); the Act of Oct. 27, 1972 (16 U.S.C. 460dd et seq.); the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 460mm-2-460mm-4); 
the Independent Offices Appropriations Act (31 U.S.C 9701).

    Source:  51 FR 15233, Apr. 22, 1986, unless otherwise noted.



                Subpart 3530--Potassium Leasing: General



Sec. 3530.0-3  Authority.

    Authority for leasing deposits of chlorides, sulphates, carbonates, 
borates, silicates or nitrates of potassium, hereinafter referred to as 
deposits of potassium or any potassium compound, is shown under 
Sec. 3500.0-3 (a) and (c) of this title.



Sec. 3530.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
entities to obtain rights to develop deposits of potassium or any 
potassium compound found on lands available for leasing. The regulations 
provide for this in the following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of potassium or any potassium compound.
    (b) Preference right leases are issued to the holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of potassium 
or any potassium compound under the permit and the lands covered by the 
permit are chiefly valuable for potassium or any potassium compound.
    (c) Exploration licenses allow the licensee to explore known 
deposits of potassium or any potassium compound to obtain data but do 
not grant the licensee any preference or other right to a lease.
    (d) Competitive leases are issued for known deposits of potassium or 
any potassium compound and allow the lessee to mine the deposit.
    (e) Fringe acreage leases are issued noncompetitively for known 
deposits of potassium or any potassium compound adjacent to existing 
mines on non-federal lands which can only be mined as part of the 
existing mining operation.
    (f) Lease modifications are used to add known deposits of potassium 
or any potassium compound to an adjacent Federal lease which contains an 
existing mine, provided the deposits can only be mined as part of the 
existing mining operation.



Sec. 3530.2  Other applicable regulations.



Sec. 3530.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The part 3500 
regulations include, but are not limited to, such matters as multiple 
mineral development, environmental review, other agency consent and 
consultation, and lands not available for leasing. Cross-reference to 
specific regulations in part 3500 is provided in this part as an aid to 
the reader and is not intended to limit the applicability of part 3500 
only to the cross-referenced regulations.



Sec. 3530.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and as applicable, supplements this part. Except where 
specific regulations in part 3580 of this title are applicable, the 
regulations in this part and part 3500 of this title shall govern the 
leasing of deposits of potassium or any potassium compound in those 
national recreation areas and those patented lands.

[[Page 682]]



Sec. 3530.3  Allowable acreage holdings.

    No person, association or corporation shall hold at any particular 
time, either directly or indirectly, more than 51,200 acres in permits 
and leases in any 1 State, except, the authorized officer may authorize 
additional acreage if he/she finds, upon a satisfactory showing by the 
applicant, that the additional acreage is needed for the economic and 
efficient extraction of potassium from concentrated brines in connection 
with the lessee's existing mining operations.



                Subpart 3531--Lease Terms and Conditions



Sec. 3531.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or readjusted under part 3530 of this title. Each 
lease shall be issued on a form approved by the Director and shall be 
dated as of the first day of the month after its approval by the 
authorized officer unless the applicant requests in writing that it be 
dated the first day of the month in which it is approved. Each lease 
shall authorize, in accordance with its terms and conditions, the mining 
of potassium, potassium compounds and other related products, including, 
but not limited to, sodium and sodium compounds.



Sec. 3531.2  Rental and royalty.



Sec. 3531.2-1  Rental.

    (a) Each lease shall provide for the payment of rental at the rate 
of 25 cents per acre or fraction thereof for the first calendar year or 
fraction thereof, 50 cents for the second, third, fourth and fifth years 
and $1 for the sixth and each succeeding year during the continuance of 
the lease. Rental is payable annually on or before January 1. The rental 
paid for any year shall be credited against the first royalties that 
accrue under the lease during the year for which the rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2)
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3531.2-2  Production royalty.

    All leases shall be conditioned upon the payment of such royalties 
as may be specified in the lease as fixed by the authorized officer in 
advance as provided under Sec. 3503.2-1 of this title, but shall not be 
less than 2 per centum of the quantity or gross value of the output of 
potassium compounds and other related products, except sodium, at the 
point of shipment to market.



Sec. 3531.3  Duration of lease.

    The lease shall be issued for an indeterminate period subject to the 
Secretary's right of reasonable readjustment of lease terms and 
conditions at the end of each 20-year period.



Sec. 3531.4  Readjustment.

    (a) The terms and conditions of a lease are subject to reasonable 
readjustment at the end of each 20-year period following the effective 
date of the lease unless otherwise provided by law at the time of 
expiration of such period. Prior to the expiration of each 20-year 
period, the authorized officer shall transmit proposed readjusted terms 
and conditions to the lessee. If the authorized officer fails to 
transmit the proposed readjusted terms and conditions prior to the 
expiration of the 20-year period, the right to readjust the lease shall 
have been waived until the expiration of the next 20-year term.
    (b) The lessee is deemed to have agreed to the readjusted terms and 
conditions unless, within 60 days after receiving them, the lessee files 
an objection to the readjusted terms or relinquishes the lease. The 
authorized officer shall issue a decision responding to the objections, 
and if the response is adverse to the lessee, the decision shall grant 
the right of appeal under part 4 of this title. The effective date of 
the readjustment shall not be affected by the filing of objections or by 
the filing of a notice of appeal.
    (c) Except as provided in this paragraph, the readjusted lease terms 
and conditions shall be effective pending

[[Page 683]]

the outcome of the objections of the appeal provided for in paragraph 
(b) of this section unless the authorized officer provides otherwise. 
Upon the filing of an objection or appeal, the obligation to pay any 
increased readjusted royalties, minimum royalties and rentals shall be 
suspended pending the outcome of the objection or appeal. However, any 
such increased royalties, minimum royalties and rentals shall accrue 
during the pendency of the appeal, commencing with the effective date of 
the readjustment. If the increased royalties, minimum royalties and 
rentals are sustained by the decision on the objection or on appeal, the 
accrued balance, plus interest at the rate specified for late payment by 
the Service shall be payable (See part 3590). Pending the decision on 
the objection or the appeal, the royalties, minimum royalties and 
rentals shall be payable as specified by the lease terms and conditions 
in effect prior to the end of the 20-year period.



Sec. 3531.5  Bonds.

    Prior to issuance of a lease under this part, the applicant shall 
furnish a bond in an amount to be determined by the authorized officer 
but not less than $5,000. (See subpart 3504)



Sec. 3531.6  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction.



Sec. 3531.7  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title.
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title.
    (c) Assignments and subleases are covered by subpart 3506 of this 
title.
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title.
    (e) Exploration and mining are covered by part 3590 of this title.
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



               Subpart 3532--Potassium Prospecting Permits



Sec. 3532.1  Areas subject to prospecting.

    A prospecting permit may be issued for any area of available public 
domain and acquired lands subject to leasing where prospecting or 
exploratory work is necessary to determine the existence or workability 
of deposits of potassium or any potassium compound, except prospecting 
permits may not be issued for lands in or adjacent to Searles Lake, 
California. If, within the term of the permit, the permittee makes a 
discovery of a valuable deposit of potassium or any potassium compound, 
and the lands are determined to be chiefly valuable therefor, the 
permittee is entitled to a preference right lease.



Sec. 3532.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of potassium or any potassium compound in accordance with the 
terms and conditions of the permit. The permittee may remove only such 
material as may be necessary to demonstrate the existence of a valuable 
mineral deposit.



Sec. 3532.3  Application for prospecting permit.



Sec. 3532.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of such form.
    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land

[[Page 684]]

Management. The rental payment shall be for the total acreage if known, 
and if not known, for the total acreage computed on the basis of 40 
acres for each smallest subdivision, but shall not be less than $20.



Sec. 3532.3-2  Contents of application.

    Each application shall be typewritten, or printed plainly in ink; 
manually signed in ink and dated by the applicant or applicant's duly 
authorized attorney-in-fact, and shall contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's qualifications and holdings. (See 
subpart 3502); and
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
2,560 acres in a reasonably compact form.



Sec. 3532.3-3  Exploration plans.

    After initial review and clearance of the application, but prior to 
issuance of the prospecting permit, the authorized officer shall require 
the applicant to file an exploration plan in triplicate, reasonably 
designed to determine the existence or workability of the deposit. The 
exploration plan shall, insofar as possible, include the following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation, and other physical factors, and the distribution, abundance 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources, and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;
    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs or other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing;
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features, 
and the proposed location of drill holes, trenches and roads; and
    (f) Such other data as may be required by the authorized officer.



Sec. 3532.3-4  Rejection of application.

    Any application for a prospecting permit that does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days from receipt 
of the rejection, the nonrefundable filing fee and rental payment 
submitted with the original application shall be applied to the new 
application, provided the serial number of the original application is 
shown on the new application. If a new application is not filed within 
the 30-day period, the advance rental shall be refunded. Priority for 
the permit shall be established as of the date the corrected application 
is filed.



Sec. 3532.4  Determination of priorities.



Sec. 3532.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.

[[Page 685]]



Sec. 3532.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands, priority shall be determined in accordance with subpart 1821 of 
this title.



Sec. 3532.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands shall receive priority for such additional lands from 
the date of the filing of the amended application. The amended 
application shall be accompanied by the required advance rental. No 
additional filing fees are required.



Sec. 3532.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal by the authorized officer, the advance 
rental submitted with the application shall be refunded.



Sec. 3532.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an amount determined by the authorized officer, but not less than 
$1,000. (See subpart 3504.)



Sec. 3532.8  Terms and conditions of permit.



Sec. 3532.8-1  Duration of permit.

    Prospecting permits are issued for a term of 2 years, and may be 
extended for an additional 2 year period. No exploration activities 
other than those approved as part of an existing exploration plan shall 
be conducted following expiration of the initial term unless and until 
the permit has been extended by the authorized officer.



Sec. 3532.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3532.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3532.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the responsible official of the surface management 
agency if the surface is not under Bureau jurisdiction as described in 
Sec. 3500.9 of this title. (See also part 3580.)



Sec. 3532.9  Prospecting permit extensions.



Sec. 3532.9-1  Conditions for, and duration of, extensions.

    A permit may be extended for a maximum of 2 years by the authorized 
officer provided that:
    (a) The permittee has been unable, with reasonable diligence, to 
determine the existence or workability of valuable deposits covered by 
the permit and desires to continue the prospecting or exploration 
program. Reasonable diligence means that, in the opinion of the 
authorized officer, the permittee has drilled a sufficient number of 
core holes on the permit area or performed other comparable prospecting 
to explore the permit area within the time allowed; or
    (b) The permittee's failure to perform diligent prospecting 
activities was due to conditions beyond his/her control.



Sec. 3532.9-2  Application for extension.

    (a) Filing requirements:
    (1) No specific application form is required.
    (2) Application for extension shall be filed in the proper BLM 
office at least 90 days prior to expiration of the permit.
    (3) Applications for extension shall be accompanied by a 
nonrefundable filing fee of $25, and advance rental of 50 cents per acre 
or fraction thereof made payable to the Department of the Interior--
Bureau of Land Management. The rental payment shall not be less than 
$20.

[[Page 686]]

    (b) The application for extension shall, if applicable:
    (1) Demonstrate that the permittee has met the conditions for 
extension set forth in Sec. 3532.9-1 of this title;
    (2) Demonstrate the permittee's diligent prospecting activities; and
    (3) Show how much additional time is necessary to complete 
prospecting work.



Sec. 3532.9-3  Effective date.

    The permit extension shall become effective as of the date of 
approval.



                  Subpart 3533--Preference Right Lease



Sec. 3533.1  Application for preference right lease.



Sec. 3533.1-1  Filing requirements.

    (a) No specific application form is required.
    (b) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires.
    (c) The application shall be accompanied by the first year's rental 
at the rate of 25 cents per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. (See subpart 
3503)



Sec. 3533.1-2  Contents of application.

    (a) The application shall include a statement of qualifications and 
holdings in accordance with subpart 3502 of this title.
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 2,560 acres.
    (c) The application shall be accompanied by a map(s) which shows 
utility systems; the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and the extent of the areas to be used for pits, overburden 
and tailings; and the location of water sources or other resources which 
may be used in the proposed operations or facilities incidental thereto.
    (d) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities incidental thereto, on adjacent Federal or 
non-federal lands.



Sec. 3533.2  Review of application.



Sec. 3533.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of potassium or any potassium compound and 
whether the lands are chiefly valuable therefor. The determination shall 
be based on data furnished to the authorized officer by the permittee as 
required by part 3590 of this title during the life of the permit and 
supplemental data submitted at the request of the authorized officer to 
determine the extent and character of the deposit, the anticipated 
mining and processing methods, the anticipated location, kind and extent 
of necessary surface disturbance and measures to be taken to reclaim 
that disturbance.



Sec. 3533.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3533.1-2 of this title.



Sec. 3533.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the term of the permit, a 
valuable deposit of potassium or any potassium compound was

[[Page 687]]

discovered and that the lands are chiefly valuable therefor.



Sec. 3533.4  Rejection of application.

    (a) The authorized officer shall reject an application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of 
potassium and/or the lands are not chiefly valuable therefor;
    (2) The applicant did not submit in a timely manner requested 
information; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts the applicant believes to be 
sufficient to show entitlement to a lease, a permittee shall have the 
right to a hearing before an Administrative Law Judge in the Office of 
Hearings and Appeals.
    (c) At the hearing, the permittee shall have both the burden of 
going forward and the burden of proof by a preponderance of the evidence 
that a valuable deposit of potassium or any potassium compound was 
discovered and that the lands are chiefly valuable therefor.



                    Subpart 3534--Exploration License



Sec. 3534.0-3  Authority.

    Section 302(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732(b)).



Sec. 3534.1  Exploration license.

    Private parties, jointly or severally, may apply for exploration 
licenses to explore known, unleased deposits of potassium or any 
potassium compound to obtain geologic, environmental and other pertinent 
data concerning such deposits.



Sec. 3534.2  Regulations applicable.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations under part 2920 of 
this title shall govern the issuance of exploration licenses.



Sec. 3534.3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3532.3-3 of this 
title. The exploration plan, as approved, shall be attached to, and made 
a part of, the license.



Sec. 3534.4  Notice of exploration.

    Applicants for exploration licenses shall be required to publish a 
Notice of Exploration inviting other parties to participate in 
exploration under the license on a pro rata cost sharing basis.



Sec. 3534.4-1  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;
    (c) The address of the Bureau office where the exploration plan 
shall be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3534.4-2  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation in the area where the lands are located.
    (b) The authorized officer shall post the notice in the proper BLM 
office for 30 days.



Sec. 3534.4-3  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting of the Notice of Exploration.



Sec. 3534.4-4  Decision on plan and participation.

    The authorized officer may issue the license naming participants and 
acreage covered, establishing core hole spacing and resolving any other 
issue necessary to minimize surface disturbance and inconsistencies 
between proposed exploration plans.

[[Page 688]]



Sec. 3534.5  Submission of data.

    The licensee shall furnish the authorized officer copies of all data 
obtained during exploration. All data shall be considered confidential 
and not made public until the areas involved have been leased or until 
the authorized officer determines that the data are not exempt from 
disclosure under the Freedom of Information Act, whichever occurs first.



Sec. 3534.6  Modification of exploration plan.

    Upon application therefor, a modification of the exploration plan 
may be approved by the authorized officer.



                    Subpart 3535--Competitive Leasing



Sec. 3535.1  Lands subject only to competitive leasing.

    (a) Lands available for leasing where prospecting or exploratory 
work is unnecessary to determine the existence or workability of a 
valuable deposit of potassium or any potassium compound may be leased 
only through competitive sale to the qualified bidder who offers the 
highest acceptable bonus bid, except as provided in parts 3508 and 3536 
of this title. A competitive lease sale may be initiated either through 
an expression of interest or on Bureau motion.
    (b) Leases may be offered for lands in or adjacent to Searles Lake, 
California, without regard to the quantity or quality of the potassium 
deposit that may be present therein.



Sec. 3535.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 and part 3580 of this 
title, as applicable.



Sec. 3535.3  Sale procedures.



Sec. 3535.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale also shall be posted for 30 days in the public room 
of the proper BLM office.



Sec. 3535.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the deposit of potassium or any potassium 
compound being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3535.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The lease form approved by the Director with terms and 
conditions, including the rental, royalty rates, bond amount and special 
stipulations;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See subpart 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay their proportionate share of the total cost of 
the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3535.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or

[[Page 689]]

modified prior to the time specified in the notice of sale.



Sec. 3535.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the lease on 
the form attached to the detailed statement shall be sent to the 
successful bidder who shall, within a specified time, sign and return 
the lease form, pay the balance of the bonus bid, pay the first year's 
rental, pay the publication costs and furnish the required lease bond.



Sec. 3535.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3536--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3536.1  Lands subject to lease.

    Lands available for leasing which are known to contain a deposit of 
potassium or any potassium compound that extends from an adjoining 
Federal lease or from privately held lands may be leased 
noncompetitively either by issuance of a new lease for these lands or by 
adding such lands to an existing Federal lease.



Sec. 3536.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 
2,560 acres; or
    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 2,560 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) That leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3536.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of 25 cents per acre or 
fraction thereof for a new lease or at the rental rate set forth in the 
base lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that a deposit of potassium or any potassium 
compound extends from the applicant's adjoining lease or from private 
lands owned or controlled by the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3536.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 and part 3580 of this title, as 
applicable.

[[Page 690]]



Sec. 3536.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event shall such payment be less than $1 per acre or fraction thereof.



Sec. 3536.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3531 of this title. The terms and conditions of a 
modified lease shall be the same as in the existing lease.



PART 3540--SULPHUR--Table of Contents




                 Subpart 3540--Sulphur Leasing: General

Sec.
3540.0-3  Authority.
3540.1  Leasing procedures.
3540.2  Other applicable regulations.
3540.2-1  General leasing regulations.
3540.2-2  Special areas.
3540.3  Allowable acreage holdings.

                Subpart 3541--Lease Terms and Conditions

3541.1  Applicability of lease terms and conditions.
3541.2  Rental and royalty.
3541.2-1  Rental.
3541.2-2  Production royalty.
3541.3  Duration of lease.
3541.4  Bonds.
3541.5  Special stipulations.
3541.6  Other applicable regulations.

                Subpart 3542--Sulphur Prospecting Permits

3542.1  Areas subject to prospecting.
3542.2  Rights conferred by issuance of prospecting permits.
3542.3  Application for prospecting permit.
3542.3-1  Filing requirements.
3542.3-2  Contents of application.
3542.3-3  Exploration plans.
3542.3-4  Rejection of application.
3542.4  Determination of priorities.
3542.4-1  Regular filings.
3542.4-2  Simultaneous filings.
3542.5  Amendment to application.
3542.6  Withdrawal of application.
3542.7  Permit bonds.
3542.8  Terms and conditions of permit.
3542.8-1  Duration of permit.
3542.8-2  Dating of permits.
3542.8-3  Annual rental.
3542.8-4  Special stipulations.

                  Subpart 3543--Preference Right Lease

3543.1  Application for preference right lease.
3543.1-1  Filing requirements.
3543.1-2  Contents of application.
3543.2  Review of application.
3543.2-1  Preference right determination.
3543.2-2  Surface management agency.
3543.3  Issuance of lease.
3543.4  Rejection of application.

                    Subpart 3544--Exploration License

3544.0-3  Authority.
3544.1  Exploration license.
3544.2  Regulations applicable.
3544.3  Exploration plan.
3544.4  Notice of exploration.
3544.4-1  Contents of notice.
3544.4-2  Publication and posting of notice.
3544.4-3  Notice of participation.
3544.4-4  Decision on plan and participation.
3544.5  Submission of data.
3544.6  Modification of exploration plan.

                    Subpart 3545--Competitive Leasing

3545.1  Lands subject only to competitive leasing.
3545.2  Surface management agency.
3545.3  Sale procedures.
3545.3-1  Publication and posting of notice.
3545.3-2  Contents of notice.
3545.3-3  Detailed statement.
3545.4  Bid opening.
3545.5  Award of lease.
3545.6  Rejection of bid.

 Subpart 3546--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3546.1  Lands subject to lease.
3546.2  Special requirements.
3546.3  Filing requirements.
3546.4  Surface management agency.
3546.5  Payment of bonus.
3546.6  Terms and conditions of lease.

                      Subpart 3547--Lease Renewals

3547.1  Applications.
3547.2  Bonds.
3547.3  Failure to apply for renewal.
3547.4  Lease terms and conditions.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359); the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Act of 
March 3, 1933, as amended (47 Stat. 1487); sec. 10, Act of August 4, 
1939 (43 U.S.C. 387); the Act of October 8, 1964 (16 U.S.C. 460n et 
seq.); the Act of November 8, 1965 (16 U.S.C. 460q et seq.); the Act of 
October 2, 1968 (16 U.S.C. 90c et seq.); the Act of October 27, 1972

[[Page 691]]

(16 U.S.C. 460dd et seq.); the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 460mm-2-460mm-4); the Independent Offices 
Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15238, Apr. 22, 1986, unless otherwise noted.



                 Subpart 3540--Sulphur Leasing: General



Sec. 3540.0-3  Authority.

    Authority for leasing deposits of sulphur is shown under 
Sec. 3500.0-3 (a) and (c) of this title.



Sec. 3540.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of sulphur found on 
public domain lands in New Mexico and Louisiana and on all acquired 
lands which are available for leasing. The regulations provide for this 
in the following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of sulphur.
    (b) Preference right leases are issued to holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of sulphur 
under the permit and demonstrate that the lands covered by the permit 
are chiefly valuable for sulphur.
    (c) Exploration licenses allow the licensee to explore known 
deposits of sulphur to obtain data but do not grant the licensee any 
preference or other right to a lease.
    (d) Competitive leases are issued for known deposits of sulphur and 
allow the lessee to mine the deposit.
    (e) Fringe acreage leases are issued noncompetitively for known 
deposits of sulphur adjacent to existing mines on non-federal lands 
which can only be mined as part of the existing mining operation.
    (f) Lease modifications are used to add known deposits of sulphur to 
an adjacent Federal lease which contains an existing mine provided the 
deposits can only be mined as part of the existing mining operation.



Sec. 3540.2  Other applicable regulations.



Sec. 3540.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The 
regulations in part 3500 of this title include, but are not limited to, 
such matters as multiple mineral development, environmental review, 
other agency consent and consultation, and lands not available for 
leasing. Cross-reference to specific regulations in part 3500 of this 
title is provided in this part as an aid to the reader and is not 
intended to limit the applicability of part 3500 of this title only to 
the cross-referenced regulations.



Sec. 3540.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and as applicable, supplements this part. Except where 
specific regulations in part 3580 of this title are applicable, the 
regulations in this part and part 3500 of this title shall govern the 
leasing of sulphur in those national recreation areas and those patented 
lands.



Sec. 3540.3  Allowable acreage holdings.

    No person, company, association or corporation may hold at any 
particular time, more than 1,920 acres in the aggregate in 3 prospecting 
permits and leases in any 1 State.



                Subpart 3541--Lease Terms and Conditions



Sec. 3541.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or renewed under part 3540 of this title. Each lease 
shall be issued on a form approved by the Director and shall be dated as 
of the first day of the month after its approval by the authorized 
officer unless the applicant requests in writing that it be dated the 
first day of the month in

[[Page 692]]

which it is approved. Each lease shall authorize, in accordance with its 
terms and conditions, the mining of sulphur.



Sec. 3541.2  Rental and royalty.



Sec. 3541.2-1  Rental.

    (a) Each lease shall provide for the payment of rental annually and 
in advance during the continuance of the lease at the rate of 50 cents 
per acre or fraction thereof. The rental for any year shall be credited 
against the first royalties as they accrue under the lease during the 
year for which rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2)
    (c) Rental remittances shall be made in accordance with Sec. 3503.1 
of this title.



Sec. 3541.2-2  Production royalty.

    All leases shall be conditioned upon the payment to the United 
States of a royalty of 5 percent of the quantity or gross value of the 
output of sulphur at the point of shipment to market.



Sec. 3541.3  Duration of lease.

    The lease shall be issued for an initial term of 20 years subject to 
a preferential right in the lessee to renew for a 10-year term at the 
end of the initial term and at the end of each 10-year period 
thereafter. (See subpart 3547)



Sec. 3541.4  Bonds.

    Prior to issuance of a lease, the applicant shall be required to 
furnish a bond in an amount to be determined by the authorized officer 
but not less than $5,000. (See subpart 3504)



Sec. 3541.5  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title. (See also part 3580)



Sec. 3541.6  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title.
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title.
    (c) Assignments and subleases are covered by subpart 3506 of this 
title.
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title.
    (e) Exploration and mining are covered by part 3590 of this title.
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.



                Subpart 3542--Sulphur Prospecting Permits



Sec. 3542.1  Areas subject to prospecting.

    A prospecting permit may be issued for any area of available public 
domain lands in Louisiana and New Mexico and any acquired lands subject 
to leasing where prospecting or exploratory work is necessary to 
determine the existence or workability of sulphur deposits. If, within 
the term of the permit, the permittee makes a discovery of a valuable 
deposit of sulphur and the lands are determined to be chiefly valuable 
therefor, the permittee is entitled to a preference right lease.



Sec. 3542.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of sulphur in accordance with the terms and conditions of the 
permit. The permittee may remove only such material as is necessary to 
demonstrate the existence of a valuable mineral deposit.



Sec. 3542.3  Application for prospecting permit.



Sec. 3542.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of such form.

[[Page 693]]

    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall be for the 
total acreage if known, and if not known, for the total acreage computed 
on the basis of 40 acres for each smallest subdivision. The rental 
payment shall not be less than $20.



Sec. 3542.3-2  Contents of application.

    Each application shall be typewritten, or printed plainly in ink; 
manually signed in ink and dated by the applicant or applicant's duly 
authorized attorney-in-fact, and shall contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's qualifications and holdings. (See 
subpart 3502); and
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
640 acres in a reasonably compact form.



Sec. 3542.3-3  Exploration plans.

    After initial review and clearance of the application, but prior to 
approval of the prospecting permit, the authorized officer shall require 
the applicant to file an exploration plan in triplicate, reasonably 
designed to determine the existence or workability of the deposit. The 
exploration plan shall, insofar as possible, include the following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation, and other physical factors, and the distribution, abundance 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources, and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;
    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs or other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing;
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features, 
and the proposed location of drill holes, trenches and roads; and
    (f) Such other data as may be required by the authorized officer.



Sec. 3542.3-4  Rejection of application.

    Any application for a prospecting permit that does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days of receipt of 
the rejection, the nonrefundable filing fee and rental payment submitted 
with the original application shall be applied to the new application, 
provided the serial number of the original application is shown on the 
new application. If a new application is not filed within the 30-day 
period, the advance rental shall be refunded. Priority for the permit 
shall be established as of the date the corrected application is filed.

[[Page 694]]



Sec. 3542.4  Determination of priorities.



Sec. 3542.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.



Sec. 3542.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands, priority shall be determined in accordance with subpart 1821 of 
this title.



Sec. 3542.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands, not to exceed 640 acres in total, will receive 
priority for such additional lands from the date of the filing of the 
amended application. The amended application shall be accompanied by the 
required advance rental. No additional filing fees are required.



Sec. 3542.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal, the advance rental submitted with the 
application shall be refunded.



Sec. 3542.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an amount determined by the authorized officer, but not less than 
$1,000. (See subpart 3504)



Sec. 3542.8  Terms and conditions of permit.



Sec. 3542.8-1  Duration of permit.

    Prospecting permits are issued for a term of 2 years, and may not be 
extended.



Sec. 3542.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3542.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3542.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the responsible official of the surface management 
agency if the surface is not under Bureau jurisdiction as described in 
Sec. 3500.9 of this title. (See part 3580)



                  Subpart 3543--Preference Right Lease



Sec. 3543.1  Application for preference right lease.



Sec. 3543.1-1  Filing requirements.

    (a) No specific application form is required.
    (b) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires.
    (c) The application shall be accompanied by the first year's rental 
at the rate of 50 cents per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. (See subpart 
3503)



Sec. 3543.1-2  Contents of application.

    (a) The application shall include a statement of qualifications and 
holdings in accordance with subpart 3502 of this title.
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 640 acres.
    (c) The application shall be accompanied by a map(s) which shows 
utility systems; the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and the extent of the areas to be used for pits,

[[Page 695]]

overburden and tailings; and the location of water sources or other 
resources which may be used in the proposed operations or facilities 
incidental thereto.
    (d) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities incidental thereto, on adjacent Federal or 
non-federal lands.



Sec. 3543.2  Review of application.



Sec. 3543.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of sulphur and whether the lands are 
chiefly valuable therefor. The determination shall be based on data 
furnished to the authorized officer by the permittee as required by part 
3590 of this title during the life of the permit and supplemental data 
submitted at the request of the authorized officer to determine the 
extent and character of the deposit, the anticipated mining and 
processing methods, the anticipated location, kind and extent of 
necessary surface disturbance and measures to be taken to reclaim that 
disturbance.



Sec. 3543.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3543.1-2 of this title.



Sec. 3543.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the term of the permit, a 
valuable deposit of sulphur was discovered and that the lands are 
chiefly valuable therefor.



Sec. 3543.4  Rejection of application.

    (a) The authorized officer shall reject an application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of 
sulphur and/or the lands are not chiefly valuable therefor;
    (2) The applicant did not submit in a timely manner requested 
information; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts the applicant believes to be 
sufficient to show entitlement to a lease, a permittee shall have the 
right to a hearing before an Administrative Law Judge in the Office of 
Hearings and Appeals.
    (c) At the hearing, the permittee shall have both the burden of 
going forward and the burden of proof by a preponderance of the evidence 
that a valuable deposit of sulphur was discovered and that the lands are 
chiefly valuable therefor.



                    Subpart 3544--Exploration License



Sec. 3544.0-3  Authority.

    Section 302(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732(b)).



Sec. 3544.1  Exploration license.

    Private parties, jointly and severally, may apply for exploration 
licenses to explore known, unleased sulphur deposits to obtain geologic, 
environmental, and other pertinent data concerning such deposits.



Sec. 3544.2  Regulations applicable.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations

[[Page 696]]

under part 2920 of this title shall govern the issuance of exploration 
licenses.



Sec. 3544.3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3542.3-3 of this 
title. The exploration plan, as approved, shall be attached to, and made 
a part of, the license.



Sec. 3544.4  Notice of exploration.

    Applicants for exploration licenses shall be required to publish a 
Notice of Exploration inviting other parties to participate in 
exploration under the license on a pro rata cost sharing basis.



Sec. 3544.4-1  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;
    (c) The address of the Bureau office where the exploration plan 
shall be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3544.4-2  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation in the area where the lands are located.
    (b) The authorized officer shall post the notice in the proper BLM 
office for 30 days.



Sec. 3544.4-3  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting.



Sec. 3544.4-4  Decision on plan and participation.

    The authorized officer may issue the license naming the participants 
and acreage covered, establishing core hole spacing and resolving any 
other issue necessary to minimize surface disturbance and 
inconsistencies between proposed exploration plans.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3544.5  Submission of data.

    The licensee shall furnish the authorized officer copies of all data 
obtained during exploration. All data shall be considered confidential 
and not made public until the areas involved have been leased or until 
the authorized officer determines that the data are not exempt from 
disclosure under the Freedom of Information Act, whichever occurs first.



Sec. 3544.6  Modification of exploration plan.

    Upon application therefor, a modification of the exploration plan 
may be approved by the authorized officer.



                    Subpart 3545--Competitive Leasing



Sec. 3545.1  Lands subject only to competitive leasing.

    Lands available for leasing where prospecting or exploratory work is 
unnecessary to determine the existence or workability of a valuable 
sulphur deposit may be leased only through competitive sale to the 
qualified bidder who offers the highest acceptable bonus bid, except as 
provided in subparts 3508 and 3546 of this title. A competitive lease 
sale may be initiated either through an expression of interest or on 
Bureau motion.



Sec. 3545.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 and part 3580 of this 
title, as applicable.



Sec. 3545.3  Sale procedures.



Sec. 3545.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale

[[Page 697]]

shall be posted for 30 days in the public room of the proper BLM office.



Sec. 3545.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the sulphur deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3545.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The lease form approved by the Director with terms and 
conditions, including the rental, royalty rates, bond amount and special 
stipulations;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See subpart 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay their proportionate share of the total cost of 
the publication of the sale notice:
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3545.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.



Sec. 3545.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the lease on 
the form attached to the detailed statement shall be sent to the 
successful bidder who shall, within a specified time, sign and return 
the lease form, pay the balance of the bonus bid, pay the first year's 
rental, pay the publication costs and furnish the required lease bond.



Sec. 3545.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3546--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3546.1  Lands subject to lease.

    Lands available for leasing which are known to contain a sulphur 
deposit that extends from an adjoining Federal lease or from privately 
held lands may be leased noncompetitively either by issuance of a new 
lease for these lands or by adding such lands to an existing Federal 
lease.



Sec. 3546.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 640 
acres; or

[[Page 698]]

    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 640 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) That leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3546.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of 50 cents per acre or 
fraction thereof for a new lease or at the rental rate set forth in the 
base lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that a sulphur deposit extends from the 
applicant's adjoining lease or from private lands owned or controlled by 
the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3546.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 and part 3580 of this title, as 
applicable.



Sec. 3546.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event shall such payment be less than $1 per acre or fraction thereof.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3546.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3541 of this title. The terms and conditions of a 
modified lease shall be the same as in the existing lease.



                      Subpart 3547--Lease Renewals



Sec. 3547.1  Applications.

    An application for lease renewal shall be filed at least 90 days 
prior to the expiration of the lease term. No specific form is required. 
All applications shall be filed in triplicate in the proper BLM office 
together with a nonrefundable $25 filing fee and an advance rental 
payment of 50 cents per acre or fraction thereof.



Sec. 3547.2  Bonds.

    Prior to the issuance of a renewal lease, the lessee may be required 
to furnish a new bond as prescribed by subpart 3504 of this title.



Sec. 3547.3  Failure to apply for renewal.

    If the holder of a lease fails to apply for renewal as provided in 
Sec. 3547.1 of this title, the lease shall expire on the last day of the 
current lease term.



Sec. 3547.4  Lease terms and conditions.

    Each renewal lease shall be issued on a form approved by the 
Director and shall be dated effective the first day of the month 
following its approval by the authorized officer or the first day of the 
month following the expiration of the current lease, whichever is later, 
and shall otherwise be subject to the terms and conditions set forth 
under subpart 3541 of this title.



PART 3550--``GILSONITE'' (INCLUDING ALL VEIN-TYPE SOLID HYDROCARBONS)--Table of Contents




              Subpart 3350--``Gilsonite'' Leasing: General

Sec.

[[Page 699]]

3550.0-3  Authority.
3550.1  Leasing procedures.
3550.2  Other applicable regulations.
3550.2-1  General leasing regulations.
3550.2-2  Special areas.
3550.3  Allowable acreage holdings.

                Subpart 3551--Lease Terms and Conditions

3551.1  Applicability of lease terms and conditions.
3551.2  Rental and royalty.
3551.2-1  Rental.
3551.2-2  Production royalty.
3551.3  Duration of lease.
3551.4  Readjustment.
3551.5  Bonds.
3551.6  Special stipulations.
3551.7  Other applicable regulations.

             Subpart 3552--``Gilsonite'' Prospecting Permits

3552.1  Areas subject to prospecting.
3552.2  Rights conferred by issuance of prospecting permits.
3552.3  Application for prospecting permit.
3552.3-1  Filing requirements.
3552.3-2  Contents of application.
3552.3-3  Exploration plans.
3552.3-4  Rejection of application.
3552.4  Determination of priorities.
3552.4-1  Regular filings.
3552.4-2  Simultaneous filings.
3552.5  Amendment to application.
3552.6  Withdrawal of application.
3552.7  Permit bonds.
3552.8  Terms and conditions of permit.
3552.8-1  Duration of permit.
3552.8-2  Dating of permits.
3552.8-3  Annual rental.
3552.8-4  Special stipulations.
3552.9  Prospecting permit extensions.
3552.9-1  Conditions for, and duration of, extensions.
3552.9-2  Application for extension.
3552.9-3  Effective date.

                  Subpart 3553--Preference Right Lease

3553.1  Application for preference right lease.
3553.1-1  Filing requirements.
3553.1-2  Contents of application.
3553.2  Review of application.
3553.2-1  Preference right determination.
3553.2-2  Surface management agency.
3553.3  Issuance of lease.
3553.4  Rejection of application.

                    Subpart 3554--Exploration License

3554.0-3  Authority.
3554.1  Exploration license.
3554.2  Regulations applicable.
3554.3  Exploration plan.
3554.4  Notice of exploration.
3554.4-1  Contents of notice.
3554.4-2  Publication and posting of notice.
3554.4-3  Notice of participation.
3554.4-4  Decision on plan and participation.
3554.5  Submission of data.
3554.6  Modification of exploration plan.

                    Subpart 3555--Competitive Leasing

3555.1  Lands subject only to competitive leasing.
3555.2  Surface management agency.
3555.3  Sale procedures.
3555.3-1  Publication and posting of notice.
3555.3-2  Contents of notice.
3555.3-3  Detailed statement.
3555.4  Bid opening.
3555.5  Award of lease.
3555.6  Rejection of bid.

 Subpart 3556--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3556.1  Lands subject to lease.
3556.2  Special requirements.
3556.3  Filing requirements.
3556.4  Surface management agency.
3556.5  Payment of bonus.
3556.6  Terms and conditions of lease.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359); the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); the 
Independent Offices Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15243, Apr. 22, 1986, unless otherwise noted.



              Subpart 3550--``Gilsonite'' Leasing: General



Sec. 3550.0-3  Authority.

    (a) Authority for leasing ``Gilsonite'' (including all vein-type 
solid hydrocarbons) is shown under Sec. 3500.0-3(a) of this title.
    (b) In 1981, Congress amended the Act by including tar sand within 
the meaning of oil and retaining separate leasing authority for vein-
type solid hydrocarbons such as ``Gilsonite''. Fluid and gaseous 
hydrocarbons are leased as oil and gas, while bedded deposits are leased 
either as coal, oil shale or as oil (tar sand). The leasing authority 
for vein-type solid hydrocarbons, hereinafter referred to as 
``Gilsonite'', is implemented by the regulations in this part.

[[Page 700]]



Sec. 3550.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of ``Gilsonite'', found 
on lands available for leasing. The regulations provide for this in the 
following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of ``Gilsonite''.
    (b) Preference right leases are issued to holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of 
``Gilsonite'' under the permit.
    (c) Exploration licenses allow the licensee to explore known 
deposits of ``Gilsonite'' to obtain data but do not grant the licensee 
any preference or other right to a lease.
    (d) Competitive leases are issued for known deposits of 
``Gilsonite'' and allow the lessee to mine the deposit.
    (e) Fringe acreage leases are issued noncompetitively for known 
deposits of ``Gilsonite'' adjacent to existing mines on non-federal 
lands which can only be mined as part of the existing mining operation.
    (f) Lease modifications are used to add known deposits of 
``Gilsonite'' to an adjacent Federal lease which contains an existing 
mine provided the deposits can only be mined as part of the existing 
mining operation.



Sec. 3550.2  Other applicable regulations.



Sec. 3550.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The 
regulations in part 3500 of this title include, but are not limited to, 
such matters as multiple mineral development, environmental review, 
other agency consent and consultation, and lands not available for 
leasing. Cross-reference to specific regulations in part 3500 of this 
title is provided in this part as an aid to the reader and is not 
intended to limit the applicability of part 3500 of this title only to 
the cross-referenced regulations.



Sec. 3550.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and, as applicable, supplements this part. Except where 
specific regulations in part 3580 of this title are applicable, the 
regulations in this part and part 3500 of this title shall govern the 
leasing of ``Gilsonite'' in those national recreation areas and those 
patented lands.



Sec. 3550.3  Allowable acreage holdings.

    No person, company, association or corporation may hold at any 
particular time, directly or indirectly, more than 7,680 acres under 
prospecting permit and lease in any one state.



                Subpart 3551--Lease Terms and Conditions



Sec. 3551.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or readjusted under part 3550 of this title. Each 
lease shall be issued on a form approved by the Director and shall be 
dated as of the first day of the month after its approval by the 
authorized officer unless the applicant requests in writing that it be 
dated the first day of the month in which it is approved. Each lease 
shall authorize in accordance with its terms and conditions the mining 
of ``Gilsonite''.



Sec. 3551.2  Rental and royalty.



Sec. 3551.2-1  Rental.

    (a) Each lease shall provide for the payment of rental annually and 
in advance at the rate of 50 cents per acre or fraction thereof. The 
annual rental payment shall not be less than $20. The rental paid for 
any year shall be credited against the first royalties as they accrue 
under the lease during the year for which rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall

[[Page 701]]

be taken to cancel the lease (See Sec. 3509.4-2).
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3551.2-2  Production royalty.

    All leases shall be conditioned upon the payment to the United 
States of such royalties as may be specified in the lease, which shall 
be fixed by the authorized officer in advance as provided under 
Sec. 3503.2-1 of this title.



Sec. 3551.3  Duration of lease.

    The lease shall be issued for 20 years and for so long thereafter as 
``Gilsonite'' is produced in paying quantities subject to the 
Secretary's right of reasonable readjustment of lease terms and 
conditions at the end of each 20-year period.



Sec. 3551.4  Readjustment.

    (a) The terms and conditions of a lease are subject to reasonable 
readjustment at the end of each 20-year period following the effective 
date of the lease unless otherwise provided by law at the time of 
expiration of such period. Prior to the expiration of each 20-year 
period, the authorized officer shall transmit proposed readjusted terms 
and conditions to the lessee. If the authorized officer fails to 
transmit the proposed readjusted terms and conditions prior to the 
expiration of the 20-year period, the right to readjust the lease shall 
have been waived until the expiration of the next 20-year term.
    (b) The lessee is deemed to have agreed to the readjusted terms and 
conditions unless, within 60 days after receiving them, the lessee files 
an objection to the readjusted terms or relinquishes the lease. The 
authorized officer shall issue a decision responding to the objections, 
and if the response is adverse to the lessee, the decision shall grant 
the right of appeal under part 4 of this title. The effective date of 
the readjustment shall not be affected by the filing of objections or by 
the filing of a notice of appeal.
    (c) Except as provided in this paragraph, the readjusted lease terms 
and conditions shall be effective pending a response to the objections 
or the outcome of the appeal provided for in paragraph (b) of this 
section unless the authorized officer provides otherwise. Upon the 
filing of an objection or appeal, the obligation to pay any increased 
readjusted royalties, minimum royalties and rentals shall be suspended 
pending the outcome of the objection or appeal. However, any such 
increased royalties, minimum royalties and rentals shall accrue during 
the pendency of the objection or appeal, commencing with the effective 
date of the readjustment. If the increased royalties, minimum royalties 
and rentals are sustained by the decision on the objection or on appeal, 
the accrued balance, plus interest at the rate specified for late 
payment by the Service shall be payable (See part 3590). Pending the 
decision on the objection or the appeal, the royalties, minimum 
royalties and rentals shall be payable as specified by the lease terms 
and conditions in effect prior to the end of the 20-year period.



Sec. 3551.5  Bonds.

    Prior to issuance of a lease, the applicant shall furnish a bond in 
an amount to be determined by the authorized officer, but not less than 
$5,000 (See subpart 3504).



Sec. 3551.6  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title (See also part 3580).



Sec. 3551.7  Other applicable regulations.

    Leases issued under this part shall also be subject to conditions 
set forth in other regulations, including, but not limited to, the 
following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title;
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title;
    (c) Assignments and subleases are covered by subpart 3506 of this 
title;
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title;

[[Page 702]]

    (e) Exploration and mining are covered by part 3590 of this title; 
and
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.



             Subpart 3552--``Gilsonite'' Prospecting Permits



Sec. 3552.1  Areas subject to prospecting.

    A prospecting permit may be issued for any area of available public 
domain or acquired lands subject to leasing where prospecting or 
exploratory work is necessary to determine the existence or workability 
of ``Gilsonite''. Discovery of a valuable deposit of ``Gilsonite'' 
within the terms of the permit entitles the permittee to a preference 
right lease.



Sec. 3552.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of ``Gilsonite'' in accordance with the terms and conditions of 
the permit. The permittee may remove only such material as is necessary 
to demonstrate the existence of a valuable mineral deposit.



Sec. 3552.3  Application for prospecting permit.



Sec. 3552.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of such form.
    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall be for the 
total acreage if known, and if not known, for the total acreage computed 
on the basis of 40 acres for each smallest subdivision. The rental 
payment shall not be less than $20.



Sec. 3552.3-2  Contents of application.

    Each application shall be type-written, or printed plainly in ink; 
manually signed in ink and dated by the applicant or applicant's duly 
authorized attorney-in-fact, and shall contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's qualifications and holdings (See 
subpart 3502); and
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
5120 acres in a reasonably compact form.



Sec. 3552.3-3  Exploration plans.

    After initial review and clearance of the application, but prior to 
issuance of the prospecting permit, the authorized officer shall require 
the applicant to file in triplicate, an exploration plan reasonably 
designed to determine the existence or workability of the deposit. The 
exploration plan shall, insofar as possible, include the following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation and other physical factors, and the distribution, abundance 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;

[[Page 703]]

    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs or other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing.
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features, 
and the proposed location of drill holes, trenches and roads; and
    (f) Such other data as may be required by the authorized officer.



Sec. 3552.3-4  Rejection of application.

    Any application for a prospecting permit which does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days of receipt of 
the rejection, the nonrefundable filing fee and rental payment submitted 
with the original application shall be applied to the new application, 
provided the serial number of the original application is shown on the 
new application. If a new application is not filed within the 30-day 
period, the advance rental shall be refunded. Priority for the permit 
shall be established as of the date the corrected application is filed.



Sec. 3552.4  Determination of priorities.



Sec. 3552.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.



Sec. 3552.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands, priority shall be determined in accordance with subpart 1821 of 
this title.



Sec. 3552.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands shall receive priority for such additional lands from 
the date of the filing of the amended application. The amended 
application shall be accompanied by the required advance rental. No 
additional filing fees are required.



Sec. 3552.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal, the advance rental submitted with the 
application shall be refunded.



Sec. 3552.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an amount determined by the authorized officer, but not less than 
$1,000 (See subpart 3504).



Sec. 3552.8  Terms and conditions of permit.



Sec. 3552.8-1  Duration of permit.

    Prospecting permits are issued for an initial term of 2 years, and 
may be extended for a period not to exceed 2 years as provided in 
Sec. 3552.9 of this title. No exploration activities other than those 
approved as part of an existing exploration plan shall be conducted 
following expiration of the initial term unless and until the permit has 
been extended by the authorized officer.



Sec. 3552.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3552.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3552.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the responsible official of the surface management 
agency if the surface is

[[Page 704]]

not under Bureau jurisdiction as described in Sec. 3500.9 of this title 
(See also part 3580).



Sec. 3552.9  Prospecting permit extensions.



Sec. 3552.9-1  Conditions for, and duration of, extensions.

    A permit may be extended for a maximum of 2 years at the discretion 
of the authorized officer provided that:
    (a) The permittee has been unable, with reasonable diligence, to 
determine the existence or workability of valuable deposits covered by 
the permit and desires to continue the prospecting or exploration 
program. Reasonable diligence means that, in the opinion of the 
authorized officer, the permittee has drilled a sufficient number of 
core holes on the permit area or performed other comparable prospecting 
to explore the permit area within the time allowed; or
    (b) The permittee's failure to perform diligent prospecting 
activities was due to conditions beyond his/her control.



Sec. 3552.9-2  Application for extension.

    (a) Filing requirements:
    (1) No specific application form is required.
    (2) Application for extension shall be filed in the proper BLM 
office at least 90 days prior to expiration of the permit.
    (3) Application for extension shall be accompanied by a 
nonrefundable filing fee of $25, and advance rental of 50 cents per 
acre, or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall not be 
less than $20.
    (b) The application for extension shall:
    (1) Demonstrate that the permittee has met the conditions for 
extension set out in Sec. 3552.9-1 of this title;
    (2) Demonstrate the permittee's diligent prospecting activities; and
    (3) Show how much additional time is necessary to complete 
prospecting work.



Sec. 3552.9-3  Effective date.

    The permit extension shall become effective as of the date of 
approval.



                  Subpart 3553--Preference Right Lease



Sec. 3553.1  Application for preference right lease.



Sec. 3553.1-1  Filing requirements.

    (a) No specific application form is required.
    (b) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires.
    (c) The application shall be accompanied by the first year's rental 
at the rate of 50 cents per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. The rental 
payment shall not be less than $20 (see subpart 3503).



Sec. 3553.1-2  Contents of application.

    (a) The application shall contain a statement of qualifications and 
holdings in compliance with subpart 3502 of this title.
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 5,120 acres.
    (c) The application shall be accompanied by a map(s) which shows 
utility systems, the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and the extent of the areas to be used for pits, overburden 
and tailings, and the location of water sources or other resources which 
may be used in the proposed operations or facilities incidential 
thereto.
    (d) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities

[[Page 705]]

incidental thereto, on adjacent Federal or non-federal lands.



Sec. 3553.2  Review of application.



Sec. 3553.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of ``Gilsonite''. The determination shall 
be based on the data furnished to the authorized officer by the 
permittee as required by part 3590 of this title during the life of the 
permit and supplemental data submitted at the request of the authorized 
officer to determine the extent and character of the deposit, the 
anticipated mining and processing methods, the anticipated location, 
kind and extent of necessary surface disturbance and measures to be 
taken to reclaim that disturbance.



Sec. 3553.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3553.1-2 of this title.



Sec. 3553.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the term of the permit, a 
valuable deposit of ``Gilsonite'' was discovered.



Sec. 3553.4  Rejection of application.

    (a) The authorized officer shall reject an application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of 
``Gilsonite'';
    (2) The applicant did not submit in a timely manner requested 
information; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts sufficient to show 
entitlement to a lease, a permittee shall have a right to a hearing 
before an Administrative Law Judge in the Office of Hearings and 
Appeals.
    (c) At the hearing, the permittee shall have both the burden of 
going forward and the burden of proof by a preponderance of the evidence 
that a valuable deposit of ``Gilsonite'' was discovered.



                    Subpart 3554--Exploration License



Sec. 3554.0-3  Authority.

    Section 302(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732(b)).



Sec. 3554.1  Exploration license.

    Private parties, jointly or severally, may apply for exploration 
licenses to explore known, unleased ``Gilsonite'' deposits to obtain 
geologic, environmental and other pertinent data concerning such 
deposits.



Sec. 3554.2  Regulations applicable.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations under part 2920 of 
this title shall govern the issuance of exploration licenses.



Sec. 3554.3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3552.3-3 of this 
title. The exploration plan, as approved, shall be attached to, and made 
a part of, the license.



Sec. 3554.4  Notice of exploration.

    Applicants for exploration licenses shall be required to publish a 
Notice of Exploration inviting other parties to participate in 
exploration under the license on a pro rata cost sharing basis.



Sec. 3554.4-1  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;

[[Page 706]]

    (c) The address of the Bureau office where the exploration plan 
shall be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3554.4-2  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation in the area where the lands are located.
    (b) The authorized officer shall post the notice in the proper BLM 
office for 30 days.



Sec. 3554.4-3  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting.



Sec. 3554.4-4  Decision on plan and participation.

    The authorized officer may issue the license naming participants and 
acreage covered, establishing core hole spacing and resolving any other 
issue necessary to minimize surface disturbance and inconsistencies 
between proposed exploration plans.



Sec. 3554.5  Submission of data.

    The licensee shall furnish the authorized officer copies of all data 
obtained during exploration. All data shall be considered confidential 
and not made public until the areas involved have been leased or until 
the authorized officer determines that the data are not exempt from 
disclosure under the Freedom of Information Act, whichever occurs first.



Sec. 3554.6  Modification of exploration plan.

    Upon application by the participants, a modification of the 
exploration plan may be approved by the authorized officer.



                    Subpart 3555--Competitive Leasing



Sec. 3555.1  Lands subject only to competitive leasing.

    Lands available for leasing that have surface and/or subsurface 
evidence to reasonably assure the existence of a valuable deposit of 
``Gilsonite'' may be leased only through competitive sale to the 
qualified bidder who offers the highest acceptable bonus bid, except as 
provided in subparts 3508 and 3556 of this title. A competitive lease 
sale may be initiated either through an expression of interest or on 
Bureau motion.



Sec. 3555.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 and part 3580 of this 
title, as applicable.



Sec. 3555.3  Sale procedures.



Sec. 3555.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale shall be posted for 30 days in the public room of 
the proper BLM office.



Sec. 3555.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the ``Gilsonite'' deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3555.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The proposed lease on a form approved by the Director with terms 
and

[[Page 707]]

conditions including the rental, royalty rates, bond amount, and special 
stipulations;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See part 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay its proportionate share of the total cost of 
the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3555.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.



Sec. 3555.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the proposed 
lease attached to the detailed statement shall be sent to the successful 
bidder who shall, within a specified time, sign and return the lease 
form, pay the balance of the bonus bid, pay the first year's rental, pay 
the publication costs and furnish the required lease bond.



Sec. 3555.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3556--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3556.1  Lands subject to lease.

    Lands available for leasing which are known to contain a 
``Gilsonite'' deposit that extends from an adjoining Federal lease or 
from privately held lands may be leased noncompetitively either by an 
issuance of a new lease for these lands or by adding such lands to an 
existing Federal lease.



Sec. 3556.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 5120 
acres; or
    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 5120 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) Leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3556.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
offfice. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of

[[Page 708]]

25 cents per acre or fraction thereof for a new lease or at the rental 
rate set forth in the base lease for a modification made payable to the 
Department of the Interior--Bureau of Land Management. The rental 
payment shall not be less than $20.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that a ``Gilsonite'' deposit extends from the 
applicant's adjoining lease or from private lands owned or controlled by 
the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3556.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 and part 3580 of this title, as 
applicable.



Sec. 3556.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event, shall such payment be less than $1 per acre or fraction thereof.



Sec. 3556.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3551 of this title. The terms and conditions of 
modified leases shall be the same as in the existing leases.



PART 3560--HARDROCK MINERALS--Table of Contents




            Subpart 3560--Hardrock Minerals Leasing: General

Sec.
3560.0-3  Authority.
3560.1  Leasing procedures.
3560.2  Other applicable regulations.
3560.2-1  General leasing regulations.
3560.2-2  Special areas.
3560.3  Lands subject to lease.
3560.3-1  Department of Agriculture lands.
3560.3-2  National Park Service recreation areas.
3560.3-3  White Mountains National Recreation Area, Alaska.
3560.3-4  Lands patented to the State of California for park purposes.
3560.4  Allowable acreage holdings.
3560.5  Identity of mineral or minerals required.
3560.6  Multiple development.
3560.7  Hardrock mineral specimen collection.

                Subpart 3561--Lease Terms and Conditions

3561.1  Applicability of lease terms and conditions.
3561.2  Rental and royalty.
3561.2-1  Rental.
3561.2-2  Production royalty.
3561.3  Duration of lease.
3561.4  Bonds.
3561.5  Special stipulations.
3561.6  Other applicable regulations.

           Subpart 3562--Hardrock Minerals Prospecting Permits

3562.1  Areas subject to prospecting.
3562.2  Rights conferred by issuance of prospecting permits.
3562.3  Application for prospecting permit.
3562.3-1  Filing requirements.
3562.3-2  Contents of application.
3562.3-3  Exploration plans.
3562.3-4  Rejection of application.
3562.4  Determination of priorities.
3562.4-1  Regular filings.
3562.4-2  Simultaneous filings.
3562.5  Amendment to application.
3562.6  Withdrawal of application.
3562.7  Permit bonds.
3562.8  Terms and conditions of permit.
3562.8-1  Duration of permit.
3562.8-2  Dating of permits.
3562.8-3  Annual rental.
3562.8-4  Special stipulations.
3562.9  Prospecting permit extensions.
3562.9-1  Conditions for, and duration of, extensions.
3562.9-2  Application for extension.
3562.9-3  Effective date.

                  Subpart 3563--Preference Right Lease

3563.1  Application for preference right lease.
3563.1-1  Filing requirements.
3563.1-2  Contents of application.
3563.2  Review of application.
3563.2-1  Preference right determination.
3563.2-2  Surface management agency.
3563.3  Issuance of lease.
3563.4  Rejection of application.

                    Subpart 3564--Competitive Leasing

3564.1  Lands subject only to competitive leasing.

[[Page 709]]

3564.2  Surface management agency.
3564.3  Sale procedures.
3564.3-1  Publication and posting of notice.
3564.3-2  Contents of notice.
3564.3-3  Detailed statement.
3564.4  Bid opening.
3564.5  Award of lease.
3564.6  Rejection of bid.

 Subpart 3565--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3565.1  Lands subject to lease.
3565.2  Special requirements.
3565.3  Filing requirements.
3565.4  Surface management agency.
3565.5  Payment of bonus.
3565.6  Terms and conditions of lease.

                      Subpart 3566--Lease Renewals

3566.1  Applications.
3566.2  Bonds.
3566.3  Failure to apply for renewal.
3566.4  Lease terms and conditions.

                   Subpart 3567--Development Contracts

3567.1  Development contracts and processing and milling arrangements.
3567.2  Acreage chargeability.
3567.3  Applications.
3567.4  Approval.

    Authority:  The Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.); Reorganization Plan No. 3 of 1946 (5 U.S.C. 
Appendix); sec. 3, Act of Sept. 1, 1949 (30 U.S.C. 192c); the Act of 
June 30, 1950 (16 U.S.C. 508(b)); the Act of March 3, 1933, as amended 
(47 Stat. 1487); sec. 10, Act of Aug. 4, 1939 (43 U.S.C. 387); the Act 
of Oct. 8, 1964 (16 U.S.C. 460n et seq.); the Act of Nov. 8, 1965 (16 
U.S.C. 460q et seq.); the Act of Oct. 2, 1968 (16 U.S.C. 90c et seq.); 
the Act of Oct. 27, 1972 (16 U.S.C. 460dd et seq.); the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 460mm-2--460mm-4); the 
Independent Offices Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15248, Apr. 22, 1986, unless otherwise noted.



            Subpart 3560--Hardrock Minerals Leasing: General



Sec. 3560.0-3  Authority.

    Authority for leasing hardrock minerals is shown under Sec. 3500.0-3 
(b) and (c) of this title.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3560.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of hardrock minerals 
found on certain lands available for leasing. The regulations provide 
for this in the following manner:
    (a) Prospecting permits allow the permittee to explore for deposits 
of hardrock minerals.
    (b) Preference right leases are issued to holders of prospecting 
permits who demonstrate the discovery of a valuable deposit of a 
hardrock mineral(s) under the permit.
    (c) Competitive leases are issued for known deposits of hardrock 
minerals and allow the lessee to mine the deposit.
    (d) Fringe acreage leases are issued noncompetitively for known 
deposits of hardrock minerals adjacent to existing mines on non-federal 
lands which can only be mined as part of the existing mining operation.
    (e) Lease modifications are used to add known deposits of hardrock 
minerals to an adjacent Federal lease which contains an existing mine 
provided the deposits can only be mined as part of the existing mining 
operation.



Sec. 3560.2  Other applicable regulations.



Sec. 3560.2-1  General leasing regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The part 3500 
regulations include, but are not limited to, such matters as multiple 
mineral development, environmental review, other agency consent and 
consultation and lands not available for leasing. Cross-reference to 
specific regulations in part 3500 is provided in this part as an aid to 
the reader and is not intended to limit the applicability of part 3500 
only to the cross-referenced regulations.



Sec. 3560.2-2  Special areas.

    Part 3580 of this title contains regulations specific to certain 
national recreation areas and to certain lands patented to the State of 
California, and as applicable, supplements this part.

[[Page 710]]

Except where specific regulations in part 3580 of this title are 
applicable, the regulations in this part and part 3500 shall govern the 
leasing of hardrock minerals in those national recreation areas and 
those patented lands.



Sec. 3560.3  Lands subject to lease.



Sec. 3560.3-1  Department of Agriculture lands.

    With the consent of the Secretary of Agriculture and subject to such 
conditions as he/she may prescribe, the hardrock minerals in the 
following lands administered by the Secretary of Agriculture are subject 
to lease:
    (a) Lands acquired pursuant to the laws set out in Reorganization 
Plan No. 3 of 1946: (1) ``The Act of March 4, 1917 (39 Stat. 1134; 16 
U.S.C. 520); (2) Title II of the National Industrial Recovery Act of 
June 16, 1933 (48 Stat. 195, 200, 202, 205; 40 U.S.C. 401, 403a and 
408); (3) The 1935 Emergency Relief Appropriations Act of April 8, 1935 
(48 Stat. 115, 118); (4) Section 55 of Title I of the Act of August 24, 
1935 (49 Stat. 750, 781); and (5) The Act of July 22, 1937 (50 Stat. 
522, 525, 530), as amended by the Act of July 28, 1942 (56 Stat. 725; 7 
U.S.C. 1011(c) and 1018).''
    (b) Lands added to the Shasta National Forest by the Act of March 
19, 1948 (62 Stat. 83).
    (c) Portions of Juan Jose Lobato Grant (North Lobato) and of the 
Anton Chica Grant (El Pueblo) in New Mexico (66 Stat. 285) described in 
section 1 of the Act of June 28, 1952.
    (d) Public domain lands within National Forest lands in Minnesota.
    (e) Lands in Shasta and Trinity Units of the Whiskeytown-Shasta-
Trinity National Recreation Area, subject to the regulations in subpart 
3583 of this title.



Sec. 3560.3-2  National Park Service recreation areas.

    With the consent of the Regional Director, National Park Service, 
and subject to such conditions as may be prescribed by the Regional 
Director, the following national recreation areas administered by the 
National Park Service are available for leasing subject to the 
regulations in subpart 3582 of this title:
    (a) Lake Mead National Recreation Area;
    (b) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area;
    (c) Ross Lake and Lake Chelan National Recreation Areas; and
    (d) Glen Canyon National Recreation Area.



Sec. 3560.3-3  White Mountains National Recreation Area, Alaska.

    The lands within White Mountains National Recreation Area are 
available for lease subject to the regulations in subpart 3585 of this 
title.



Sec. 3560.3-4  Lands patented to the State of California for park purposes.

    The reserved hardrock minerals in certain lands patented to the 
State of California are available for lease subject to the regulations 
in subpart 3574 of this title.



Sec. 3560.4  Allowable acreage holdings.

    No person, company, association or corporation may hold at any 
particular time, directly or indirectly, more than 20,480 acres in any 1 
state under prospecting permit and lease for a particular hardrock 
mineral or an associated group of hardrock minerals, of which not more 
than 10,240 acres may be held under lease. However, the authorized 
officer may authorize a lessee to hold an additional 10,240 acres under 
lease if he/she finds, upon a satisfactory showing submitted by the 
lessee, that such additional acreage is necessary to promote the orderly 
development of the mineral resource, and does not result in undue 
control of the mineral to be mined, removed and marketed. In any case, 
the aggregate chargeable acreage held under permit and lease shall not 
exceed 20,480 acres in any 1 state.



Sec. 3560.5  Identity of mineral or minerals required.

    All applications under this section shall specify the mineral or 
minerals for which the lease or permit is sought. A permit, if granted, 
shall be for the mineral or minerals requested and any associated 
minerals. A preference right

[[Page 711]]

lease shall be issued for the mineral(s) specified in the permit for 
which a valuable deposit has been discovered and for any associated 
minerals. (See also subparts 3563 and 3565)
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3560.6  Multiple development.

    The granting of a hardrock permit or lease for the prospecting, 
development, or production of deposits for a specific mineral shall not 
preclude the issuance of other permits or leases for the same lands for 
deposits of other minerals with suitable stipulations for simultaneous 
operation. It is recognized, however, that multiple permits or leases 
for solid hardrock minerals on the same lands would not be compatible in 
most cases. For this reason, multiple permits or leases for such 
minerals generally shall not be issued for the same lands.



Sec. 3560.7  Hardrock mineral specimen collection.

    The surface management agency having jurisdiction over the lands 
shall determine which areas and under what conditions mineral specimens 
may be collected for non-commercial purposes (e.g., recreation, hobby 
collecting, scientific or research specimens, etc), and whether an 
approved permit shall be required prior to entry on the lands by the 
collector. If such a permit is necessary, it shall be obtained from the 
responsible official of the surface management agency who shall have the 
discretionary authority to issue the permit, determine the permit fee, 
if any, and specify the terms and conditions of the permit.



                Subpart 3561--Lease Terms and Conditions



Sec. 3561.1  Applicability of lease terms and conditions.

    The lease terms and conditions set out under this section apply to 
all leases issued or renewed under part 3560 of this title. Each lease 
shall be issued on a form approved by the Director and shall be dated as 
of the first day of the month after its approval by the authorized 
officer unless the applicant requests in writing that it be dated the 
first day of the month in which it is approved. Each lease shall 
authorize, in accordance with its terms and conditions, the mining of 
the hardrock mineral(s) for which the lease issued, including any 
associated minerals.



Sec. 3561.2  Rental and royalty.



Sec. 3561.2-1  Rental.

    (a) Each lease shall provide for the payment of rental at the rate 
of $1 per acre or fraction thereof each year on or before the 
anniversary date of the lease. The rental payment shall not be less than 
$20. The rental paid for any year shall be credited against any 
royalties which may accrue under the lease during the year for which the 
rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2)
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3561.2-2  Production royalty.

    The production royalty shall be determined by the authorized officer 
on a case-by-case basis as provided in Sec. 3503.2-1 of this title. If 
hardrock minerals other than those specified in the issued lease should 
be discovered and mined by the lessee, an applicable royalty rate shall 
be established by the authorized officer for such mineral(s).



Sec. 3561.3  Duration of lease.

    The lease shall be issued for a period not exceeding 20 years as 
determined by the authorized officer with a preference right in the 
lessee to renew for a term not to exceed 10 years at the end of the 
initial term and at the end of each 10-year period thereafter.

    Editorial Note: See 52 FR 48124, Dec. 18, 1987, for a document 
correcting a latent ambiguity to the leasing regulations on hardrock 
minerals.

[[Page 712]]



Sec. 3561.4  Bonds.

    Prior to issuance of a lease under this part, the applicant shall 
furnish a bond in an amount to be determined by the authorized officer 
but not less than $5,000. (See subpart 3504)



Sec. 3561.5  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title. (See also part 3580).



Sec. 3561.6  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title.
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title.
    (c) Assignments and subleases are covered by subpart 3506 of this 
title.
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title.
    (e) Exploration and mining are covered by part 3590 of this title.
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.



           Subpart 3562--Hardrock Minerals Prospecting Permits



Sec. 3562.1  Areas subject to prospecting.

    A prospecting permit may be issued for any area of available public 
domain and acquired lands subject to hardrock mineral leasing where 
prospecting or exploratory work is necessary to determine the existence 
or workability of a particular hardrock mineral(s). Discovery of a 
valuable deposit of any such mineral(s) within the term of the permit 
entitles the permittee to a preference right lease.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3562.2  Rights conferred by issuance of prospecting permits.

    A permit shall grant the permittee the exclusive right to prospect 
on and explore the lands to determine the existence of a valuable 
deposit of the mineral(s) for which the permit was issued, such right to 
be in accordance with the terms and conditions of the permit. The 
permittee may remove only such material as is necessary to demonstrate 
the existence of a valuable mineral deposit.



Sec. 3562.3  Application for prospecting permit.



Sec. 3562.3-1  Filing requirements.

    (a) An application shall be filed on a form approved by the Director 
or an exact reproduction of that form.
    (b) An application shall be filed in triplicate with the proper BLM 
office.
    (c) The application shall be accompanied by a nonrefundable filing 
fee of $25, and rental for the first year at the rate of 50 cents per 
acre or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall be for the 
total acreage if known, and if not known, for the total acreage computed 
on the basis of 40 acres for each smallest subdivision. The rental 
payment shall not be less than $20.



Sec. 3562.3-2  Contents of application.

    Each application shall be typewritten, or printed plainly in ink; 
manually signed in ink and dated by the applicant or applicant's duly 
authorized attorney-in-fact, and shall contain the following:
    (a) The name and address of the applicant;
    (b) A statement of the applicant's holdings in accordance with 
subpart 3502 of this title;
    (c) A complete and accurate land description in compliance with 
subpart 3501 of this title. The application shall not include more than 
2,560 acres in a reasonably compact form; and
    (d) The name of mineral(s) for which the permit is sought. (See 
Sec. 3560.5)



Sec. 3562.3-3  Exploration plans.

    After initial review and clearance of the application, but prior to 
issuance

[[Page 713]]

of the prospecting permit, the authorized officer shall require the 
applicant to file an exploration plan in triplicate, reasonably designed 
to determine the existence or workability of the deposit. The 
exploration plan shall, insofar as possible, include the following:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under the plan and to whom notices and orders 
are to be delivered;
    (b) A brief description, including maps, of geologic, water, 
vegetation, and other physical factors, and the distribution, abundance 
and habitat of fish and wildlife, particularly threatened and endangered 
species, that may be affected by the proposed operation within the area 
where exploration is to be conducted, and the present land use within 
and adjacent to the area;
    (c) A narrative description showing:
    (1) The method of exploration and types of equipment to be used;
    (2) The measures to be taken to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat and other natural resources, and 
hazards to public health and safety, including specific actions 
necessary to meet all applicable laws and regulations;
    (3) The method for plugging drill holes; and
    (4) The measures to be taken for surface reclamation, which shall 
include as appropriate:
    (i) A reclamation schedule;
    (ii) The method of grading, backfilling, soil stabilization, 
compacting and contouring;
    (iii) The method of soil preparation and fertilizer application;
    (iv) The type and mixture of shrubs, trees, grasses, forbs and other 
vegetation to be planted; and
    (v) The method of planting, including approximate quantity and 
spacing;
    (d) The estimated timetable for each phase of the work and for final 
completion of the program;
    (e) Suitable topographic maps or aerial photographs showing existing 
bodies of surface water, topographic, cultural and drainage features, 
and the proposed locations of drill holes, trenches and roads; and
    (f) Such other data as may be reasonably required by the authorized 
officer.



Sec. 3562.3-4  Rejection of application.

    Any application for a prospecting permit that does not comply with 
the requirements of this subpart shall be rejected. If the applicant 
files a new application for the same lands within 30 days of receipt of 
the rejection, the nonrefundable filing fee and rental payment submitted 
with the original application shall be applied to the new application, 
provided the serial number of the original application is shown on the 
new application. If a new application is not filed within the 30-day 
period, the advance rental shall be refunded. Priority for the permit 
shall be established as of the date the corrected application is filed.



Sec. 3562.4  Determination of priorities.



Sec. 3562.4-1  Regular filings.

    Priority of application shall be determined in accordance with the 
time of filing.



Sec. 3562.4-2  Simultaneous filings.

    Where more than 1 application is filed at the same time for the same 
lands and for the same mineral, priority shall be determined in 
accordance with subpart 1821 of this title.



Sec. 3562.5  Amendment to application.

    An amendment to an application for a prospecting permit to include 
additional lands shall receive priority for such additional lands from 
the date of the filing of the amended application. The amended 
application shall be accompanied by the required advance rental. No 
additional filing fees are required.



Sec. 3562.6  Withdrawal of application.

    An application for permit may be withdrawn in whole or in part 
before the permit is signed on behalf of the United States. Upon 
acceptance of the withdrawal by the authorized officer, the advance 
rental submitted with the application shall be refunded.



Sec. 3562.7  Permit bonds.

    Prior to issuance of the permit, the applicant shall furnish a bond 
in an

[[Page 714]]

amount determined by the authorized officer, but not less than $1,000. 
(See subpart 3504)



Sec. 3562.8  Terms and conditions of permit.



Sec. 3562.8-1  Duration of permit.

    Prospecting permits are issued for an initial term of 2 years, and 
may be extended for a period not to exceed 4 years as provided in 
Sec. 3562.9 of this title. No exploration activities other than those 
approved as part of an existing exploration plan shall be conducted 
following expiration of the initial term unless and until the permit has 
been extended by the authorized officer.



Sec. 3562.8-2  Dating of permits.

    The permit shall be dated as of the first day of the month after its 
approval by the authorized officer unless the applicant requests in 
writing that it be dated the first day of the month in which it is 
approved.



Sec. 3562.8-3  Annual rental.

    Rental at the rate of 50 cents per acre or fraction thereof shall be 
paid annually on or before the anniversary date of the permit. The 
rental payment shall not be less than $20.



Sec. 3562.8-4  Special stipulations.

    To insure adequate protection of the lands and their resources, 
permits shall contain such stipulations as may be prescribed by the 
authorized officer or the surface management agency if the surface is 
not under Bureau jurisdiction as described in Sec. 3500.9. (See also 
part 3580)



Sec. 3562.9  Prospecting permit extensions.



Sec. 3562.9-1  Conditions for, and duration of, extensions.

    A permit may be extended for a maximum of 4 years by the authorized 
officer provided that:
    (a) The permittee has been unable with reasonable diligence to 
determine the existence or workability of valuable deposits of any 
mineral(s) covered by the permit and desires to continue the prospecting 
or exploration program. Reasonable diligence means that in the opinion 
of the authorized officer the permittee has drilled a sufficient number 
of core holes on the permit area or performed other comparable 
prospecting to explore the permit area within the time allowed; or
    (b) The permittee's failure to perform diligent prospecting 
activities was due to conditions beyond his/her control.



Sec. 3562.9-2  Application for extension.

    (a)(1) An application for extension shall be filed in the proper BLM 
office at least 90 days prior to expiration of the permit. No specific 
application form is required.
    (2) Applications for extension shall be accompanied by a 
nonrefundable filing fee of $25 and the advance rental of 50 cents per 
acre or fraction thereof made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall not be 
less than $20.
    (b) The application for extension shall:
    (1) Demonstrate that the permittee has met the conditions for 
extension set forth in Sec. 3562.9-1 of this title;
    (2) Demonstrate the permittee's diligent prospecting activities; and
    (3) Show how much additional time is necessary to complete 
prospecting work.



Sec. 3562.9-3  Effective date.

    The permit extension shall become effective as of the date of 
approval.



                  Subpart 3563--Preference Right Lease



Sec. 3563.1  Application for preference right lease.



Sec. 3563.1-1  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office no later than 60 days after the prospecting permit expires. No 
specific form is required.
    (b) The application shall be accompanied by the first year's rental 
at the rate of $1 per acre or fraction thereof made payable to the 
Department of the Interior--Bureau of Land Management. The rental 
payment shall not be less than $20. (See subpart 3503)

[[Page 715]]



Sec. 3563.1-2  Contents of application.

    (a) The application shall include a statement of the applicant's 
holdings in accordance with subpart 3502 of this title.
    (b) The application shall contain a complete and accurate 
description of the lands in accordance with Sec. 3501.1 of this title. 
The lands shall have been included in the prospecting permit and shall 
not exceed 2,560 acres.
    (c) The application shall identify the mineral(s) of which a 
valuable deposit(s) was discovered.
    (d) The application shall be accompanied by a map(s) which shows 
utility systems; the location of any proposed development or mining 
operations and facilities incidental thereto, including the approximate 
locations and extent of the areas to be used for pits, overburden and 
tailings; and the location of water sources or other resources which may 
be used in the proposed operations or facilities incidental thereto.
    (e) The application shall include a narrative statement setting 
forth:
    (1) The anticipated scope, method and schedule of development 
operations, including the types of equipment to be used;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate to be followed; and
    (3) The relationship, if any, between the mining operations 
anticipated on the lands applied for and existing or planned mining 
operations, or facilities incidental thereto, on adjacent Federal or 
non-federal lands.



Sec. 3563.2  Review of application.



Sec. 3563.2-1  Preference right determination.

    The authorized officer shall determine whether the permittee has 
discovered a valuable deposit of any mineral covered by the prospecting 
permit. The determination shall be based on data furnished the 
authorized officer by the permittee as required by part 3590 of this 
title during the life of the permit and supplemental data submitted at 
the request of the authorized officer to determine the extent and 
character of the deposit, the anticipated mining and processing methods, 
the anticipated location, kind and extent of necessary surface 
disturbance and measures to be taken to reclaim that disturbance.



Sec. 3563.2-2  Surface management agency.

    The surface management agency, if other than the Bureau, shall 
review the application for preference right lease in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. The appropriate 
surface management agency may request supplemental data regarding 
surface disturbance and reclamation if not otherwise submitted under 
Sec. 3563.1-2 of this title. On acquired lands administered by the 
Secretary of Agriculture, supplemental data in addition to that 
submitted under Sec. 3563.1-2 of this title may be required. Such data 
will be used in the development of environmental analyses and special 
stipulations.



Sec. 3563.3  Issuance of lease.

    The authorized officer shall issue a lease to the holder of a 
prospecting permit who shows that, within the terms of the permit, a 
valuable deposit of any mineral(s) covered by the prospecting permit was 
discovered.



Sec. 3563.4  Rejection of application.

    (a) The authorized officer shall reject an application for a 
preference right lease if the authorized officer determines:
    (1) That the applicant did not discover a valuable deposit of any 
mineral covered by the prospecting permit;
    (2) The applicant did not submit in a timely manner requested 
information; or
    (3) The applicant did not otherwise comply with the requirements of 
this subpart.
    (b) On alleging in an application facts the applicant believes to be 
sufficient to show entitlement to a lease, a permittee shall have a 
right to a hearing before an Administrative Law Judge in the Office of 
Hearings and Appeals.
    (c) At the hearing, the permittee shall have both the burden of 
going forward and the burden of proof by a preponderance of the evidence 
that a valuable deposit of the mineral(s) was discovered.

[[Page 716]]



                    Subpart 3564--Competitive Leasing



Sec. 3564.1  Lands subject only to competitive leasing.

    Lands where prospecting or exploratory work is unnecessary to 
determine the existence or workability of a valuable deposit of a 
particular hardrock mineral may be leased only through competitive sale 
to the qualified bidder who offers the highest acceptable bonus bid. A 
competitive lease sale may be initiated either through an expression of 
interest or on Bureau motion.



Sec. 3564.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency, 
if other than the Bureau, shall be consulted in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. (See also 
Sec. 3560.3)



Sec. 3564.3  Sale procedures.



Sec. 3564.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale shall be posted for 30 days in the public room of 
the proper BLM office.



Sec. 3564.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the mineral deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3564.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The proposed lease on a form approved by the Director with terms 
and conditions, including the rental, royalty rates, bond amount and 
special stipulations;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
statement of holdings (See subpart 3502) and one-fifth of the amount 
bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay his/her proportionate share of the total cost 
of the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and
    (g) Any other information deemed appropriate.



Sec. 3564.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.



Sec. 3564.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the lease on 
the form attached to the detailed statement shall be sent to the 
successful bidder who shall, within a specified time, sign and return 
the lease form, pay the balance of the bonus bid, pay the first year's 
rental, pay the publication costs and furnish the required lease bond.



Sec. 3564.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.

[[Page 717]]

    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3565--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3565.1  Lands subject to lease.

    Lands available for leasing which are known to contain a hardrock 
mineral deposit that extends from an adjoining Federal lease or from 
privately held lands may be leased noncompetitively either by issuance 
of a new lease for these lands or by adding such lands to an existing 
Federal lease.



Sec. 3565.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for fringe acreage is not in excess of 2,560 
acres; or
    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 2,560 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) That leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3565.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25 and an advance rental payment of $1 per acre or fraction 
thereof for a new lease or at the rental rate set forth in the base 
lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management. The rental payment shall not be 
less than $20.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the land desired;
    (3) Include a showing that a hardrock mineral deposit extends from 
the applicant's adjoining lease or from private lands owned or 
controlled by the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3565.4  Surface management agency.

    The surface management agency shall be consulted in accordance with 
Sec. 3500.9 and part 3580 of this title, as applicable. (See also 
Sec. 3560.3)



Sec. 3565.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event shall such payment be less than $1 per acre or fraction thereof.



Sec. 3565.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3561 of this title. The terms and conditions of a 
modified lease shall be the same as in the existing lease.



                      Subpart 3566--Lease Renewals



Sec. 3566.1  Applications.

    An application for lease renewal shall be filed at least 90 days 
prior to the expiration of the lease term. No specific form is required. 
All applications shall be filed in triplicate in the proper BLM office 
together with a nonrefundable

[[Page 718]]

$25 filing fee and an advance rental payment of $1 per acre or fraction 
thereof. The rental payment shall not be less than $20.



Sec. 3566.2  Bonds.

    Prior to the issuance of a renewal lease, the lessee may be required 
to furnish a new bond as prescribed by subpart 3504 of this title.



Sec. 3566.3  Failure to apply for renewal.

    If the holder of a lease fails to apply for renewal as provided in 
Sec. 3566.1 of this title, the lease shall expire on the last day of the 
lease term.



Sec. 3566.4  Lease terms and conditions.

    Each lease, if renewed, shall be issued on a form approved by the 
Director and shall be dated effective the first day of the month 
following its approval by the authorized officer or the first day of the 
month following the expiration of the current lease, whichever is later, 
and shall otherwise be subject to the terms and conditions set forth 
under subpart 3561 of this title.



                   Subpart 3567--Development Contracts



Sec. 3567.1  Development contracts and processing and milling arrangements.

    Development contracts and processing and milling arrangements by 1 
or more lessees with 1 or more persons, associations or corporations to 
justify operations on a large scale for the discovery, development, 
production or transportation of ores may be approved by the authorized 
officer without regard to the acreage limitation set forth in 
Sec. 3560.4 of this title.



Sec. 3567.2  Acreage chargeability.

    Leases and permits committed to an approved development contract or 
to a processing or milling arrangement shall not be included in 
computing accountable acreage.



Sec. 3567.3  Applications.

    All applications shall be filed in triplicate in the proper BLM 
office. No specific form is required. An application shall include the 
following:
    (a) Copies of the contract affecting the Federal leases and/or 
permits;
    (b) A statement showing the nature and reasons for the requested 
contract;
    (c) A statement showing all of the interests held in the contract 
area by the designated contractor; and
    (d) The proposed or agreed upon plan of operation or development of 
the leased lands.



Sec. 3567.4  Approval.

    Development contracts may be approved by the authorized officer 
when, in his/her judgment, conservation of natural resources or the 
public interest shall be best served thereby. The contract shall be 
signed and agreed upon by the parties prior to final approval by the 
Bureau.



PART 3570--ASPHALT IN OKLAHOMA--Table of Contents




               Subpart 3570--Asphalt in Oklahoma: General

Sec.
3570.0-3  Authority.
3570.1  Leasing procedures.
3570.2  Minerals and lands subject to leasing.
3570.3  Other applicable regulations.
3570.4  Allowable acreage holdings.

                Subpart 3571--Lease Terms and Conditions

3571.1  Applicability of lease terms and conditions.
3571.2  Rental and royalty.
3572.2-1  Rental.
3571.2-2  Production royalty.
3571.3  Duration of lease.
3571.4  Bonds.
3571.5  Special stipulations.
3571.6  Other applicable regulations.

                    Subpart 3574--Competitive Leasing

3574.1  Lease by competitive bidding.
3574.2  Surface management agency.
3574.3  Sale procedures.
3574.3-1  Publication and posting of notice.
3574.3-2  Contents of notice.
3574.3-3  Detailed statement.
3574.4  Bid opening.
3574.5  Award of lease.
3574.6  Rejection of bid.

 Subpart 3575--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3575.1  Lands subject to lease.
3575.2  Special requirements.

[[Page 719]]

3575.3  Filing requirements.
3575.4  Surface management agency.
3575.5  Payment of bonus.
3575.6  Terms and conditions of lease.

                      Subpart 3576--Lease Renewals

3576.1  Applications.
3576.2  Bonds.
3576.3  Failure to apply for renewal.
3576.4  Lease terms and conditions.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.); the Independent Offices 
Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15254, Apr. 22, 1986, unless otherwise noted.



               Subpart 3570--Asphalt in Oklahoma: General



Sec. 3570.0-3  Authority.

    Authorities for leasing asphalt in Oklahoma are cited under 
Sec. 3500.0-3(a) of this title.



Sec. 3570.1  Leasing procedures.

    The regulations in this part provide the procedures for qualified 
applicants to obtain rights to develop deposits of asphalt on certain 
lands in Oklahoma. The regulations provide for this in the following 
manner:
    (a) Competitive leases are issued for deposits of asphalt in 
Oklahoma without regard to the quantity or quality of the mineral 
deposit and allow the lessee to mine the deposit.
    (b) Fringe acreage leases are issued noncompetitively for known 
deposits of asphalt in Oklahoma adjacent to existing mines on non-
federal lands which can be mined only as part of the existing mining 
operation.
    (c) Lease modifications are used to add known deposits of asphalt in 
Oklahoma to an adjacent Federal lease which contains an existing mine, 
provided the deposits can only be mined as part of the existing mining 
operation.



Sec. 3570.2  Minerals and lands subject to leasing.

    By the Act of June 28, 1944 (58 Stat. 463, 483-485), Congress 
authorized the Secretary to acquire certain lands and mineral deposits 
in Oklahoma and amended the Act to authorize leasing of the asphalt on 
those lands. The lands and mineral deposits covered by the 1944 law are 
those reserved from allotment in accordance with the provisions of 
section 58 of the Supplemental Agreement of 1902 (32 Stat. 654) with the 
Choctaw-Chickasaw Nation of Indians. Congress ratified the purchase 
contract in the Act of June 24, 1948 (62 Stat. 596), and appropriated 
funds for the purchase in the Act of May 24, 1949 (63 Stat. 76).



Sec. 3570.3  Other applicable regulations.

    Part 3500 of this title contains the general regulations governing 
the leasing of solid minerals other than coal and oil shale and 
supplements, as applicable, the regulations in this part. The 
regulations in part 3500 of this title include, but are not limited to, 
such matters as multiple mineral development, environmental review, 
other agency consent and consultation, and lands not available for 
leasing. Cross-reference to specific regulations in part 3500 of this 
title is provided in this part as an aid to the reader and is not 
intended to limit the applicability of part 3500 of this title only to 
the cross-referenced regulations.



Sec. 3570.4  Allowable acreage holdings.

    No person, company, association or corporation may hold, at any one 
time, either directly or indirectly, leases exceeding in the aggregate 
2,560 acres.



                Subpart 3571--Lease Terms and Conditions



Sec. 3571.1  Applicability of lease terms and conditions.

    Except as otherwise specifically stated, all lease terms and 
conditions set out under this section apply to all leases issued under 
part 3570 of this title. Each lease shall be issued on a form approved 
by the Director and shall be dated as of the first day of the month 
after its approval by the authorized officer unless the applicant 
requests in writing that it be dated the first day of the month in which 
it is approved. Each lease shall authorize, in accordance with its terms 
and conditions, the mining of asphalt.

[[Page 720]]



Sec. 3571.2  Rental and royalty.



Sec. 3571.2-1  Rental.

    (a) Each lease shall provide for the payment of rental annually and 
in advance for each acre or fraction thereof during the continuance of 
the lease at the rate of 25 cents per acre or fraction thereof for the 
first calendar year, 50 cents for the second, third, fourth and fifth 
calendar years, and $1 for each calendar year thereafter. Rental is 
payable annually on or before January 1. The rental paid for any year 
shall be credited against the first royalties as they accrue under the 
lease during the year for which rental was paid.
    (b) If the annual rental is not timely remitted, the lessee shall be 
notified by the authorized officer that, unless payment is made within 
30 days from receipt of such notification, action shall be taken to 
cancel the lease. (See Sec. 3509.4-2).
    (c) Remittances of rental shall be made in accordance with 
Sec. 3503.1 of this title.



Sec. 3571.2-2  Production royalty.

    All leases shall be conditioned upon the payment to the United 
States of such royalties as may be specified in the lease, which shall 
be fixed by the authorized officer in advance as provided under 
Sec. 3503.2-1 of this title, but shall not be less than 25 cents per ton 
of 2,000 pounds of marketable production.



Sec. 3571.3  Duration of lease.

    The lease shall be issued for an initial term of 20 years subject to 
a preferential right in the lessee to renew for a 10-year term at the 
end of the initial term and at the end of each 10-year period 
thereafter.



Sec. 3571.4  Bonds.

    Prior to issuance of a lease, the applicant shall furnish a bond in 
an amount to be determined by the authorized officer, but not less than 
$5,000 (See subpart 3504).



Sec. 3571.5  Special stipulations.

    To insure adequate utilization and protection of the lands and their 
resources, leases shall contain such stipulations as may be prescribed 
by the authorized officer or the responsible official of the surface 
management agency if the surface is not under Bureau jurisdiction as 
described in Sec. 3500.9 of this title (See also part 3580).



Sec. 3571.6  Other applicable regulations.

    Leases issued under this part shall also be subject to the 
conditions set forth in other regulations, including, but not limited 
to, the following:
    (a) Minimum annual production and minimum royalty are covered by 
Sec. 3503.2-2 of this title;
    (b) Suspension of operations and production and suspension of 
operations are covered by Sec. 3503.3 of this title;
    (c) Assignments and subleases are covered by subpart 3506 of this 
title;
    (d) Cancellation and relinquishment are covered by subpart 3509 of 
this title;
    (e) Exploration and mining are covered by part 3590 of this title; 
and
    (f) Royalty management is covered by 30 CFR Chapter II, Subchapter 
A.



                    Subpart 3574--Competitive Leasing



Sec. 3574.1  Lease by competitive bidding.

    Leases may be offered competitively under this part without regard 
to the quantity or quality of the mineral deposit in the lands subject 
to the lease. A competitive lease sale may be initiated either through 
an expression of interest or on Bureau motion.



Sec. 3574.2  Surface management agency.

    Prior to competitive lease offering, the surface management agency 
shall be consulted in accordance with Sec. 3500.9 of this title, as 
applicable.



Sec. 3574.3  Sale procedures.



Sec. 3574.3-1  Publication and posting of notice.

    Prior to a lease offering, the authorized officer shall publish a 
notice of lease sale for at least 3 consecutive weeks in a newspaper of 
general circulation in the area in which the lands are situated. The 
notice of lease sale shall be posted for 30 days in the public room of 
the proper BLM office.

[[Page 721]]



Sec. 3574.3-2  Contents of notice.

    The lease sale notice shall include:
    (a) The time and place of sale;
    (b) The bidding method;
    (c) A description of the tract being offered;
    (d) A description of the deposit being offered;
    (e) The minimum bid to be considered; and
    (f) Information on where a detailed statement of the terms and 
conditions of the lease sale and of the proposed lease may be obtained.



Sec. 3574.3-3  Detailed statement.

    The authorized officer shall also prepare and make available a 
detailed statement of sale containing:
    (a) The proposed lease on a form approved by the Director with terms 
and conditions, including the rental, royalty rates, bond amount, and 
special stipulations;
    (b) An explanation of the manner in which bids may be submitted;
    (c) A notice that each bid shall be accompanied by the bidder's 
qualifications (See part 3502) and one-fifth of the amount bid;
    (d) A notice that the successful bidder(s) shall be required, prior 
to lease issuance, to pay its proportionate share of the total cost of 
the publication of the sale notice;
    (e) A warning to all bidders concerning 18 U.S.C. 1860 which 
prohibits unlawful combination or intimidation of bidders;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and the right to offer the lease to the next qualified 
bidder if the successful bidder fails to obtain the lease for any 
reason; and,
    (g) Any other information deemed appropriate.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3574.4  Bid opening.

    All bids shall be opened and announced at the time and date 
specified in the notice of lease sale, but no bids shall be accepted or 
rejected at that time. Bids received after the time specified in the 
notice of sale shall not be considered. A bid may be withdrawn or 
modified prior to the time specified in the notice of sale.



Sec. 3574.5  Award of lease.

    After the authorized officer has determined that the highest 
qualified bid meets or exceeds fair market value, copies of the proposed 
lease attached to the detailed statement shall be sent to the successful 
bidder who shall, within a specified time, sign and return the lease 
form, pay the balance of the bonus bid, pay the first year's rental, pay 
the publication costs and furnish the required lease bond.



Sec. 3574.6  Rejection of bid.

    (a) If the high bid is rejected for failure of the successful bidder 
to sign the lease form and pay the balance of the bonus bid, or 
otherwise comply with the regulations of this subpart, the one-fifth 
bonus accompanying the bid shall be forfeited to the United States.
    (b) If the lease cannot be awarded for reasons determined by the 
authorized officer to be beyond the control of the successful bidder, 
the authorized officer shall reject the bid and the deposit submitted 
with the bid shall be returned.



 Subpart 3575--Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3575.1  Lands subject to lease.

    Lands available for leasing which are known to contain a deposit of 
asphalt that extends from an adjoining Federal lease or from privately 
held lands may be leased noncompetitively either by issuance of a new 
lease for these lands or by adding such lands to an existing Federal 
lease.



Sec. 3575.2  Special requirements.

    Before a fringe acreage lease may be issued or a lease modified 
under this subpart, the authorized officer shall determine the 
following:
    (a) The lands are contiguous to an existing Federal lease or to non-
federal lands owned or controlled by the applicant;
    (b)(1) The new lease for the fringe acreage is not in excess of 640 
acres; or

[[Page 722]]

    (2) The acreage of the modified lease, including additional lands, 
is not in excess of 640 acres;
    (c) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (d) The lands applied for lack sufficient reserves of the mineral 
resource to warrant independent development; and
    (e) Leasing the lands will result in conservation of natural 
resources and will provide for economical and efficient recovery as part 
of a mining unit.



Sec. 3575.3  Filing requirements.

    (a) An application shall be filed in triplicate with the proper BLM 
office. No specific application form is required.
    (b) The application shall be accompanied by a nonrefundable filing 
fee of $25, and an advance rental payment of 25 cents per acre or 
fraction thereof for a new lease or at the rental rate set forth in the 
base lease for a modification made payable to the Department of the 
Interior--Bureau of Land Management.
    (c) The application shall:
    (1) Make reference to the serial number of the lease if the lands 
adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Include a showing that an asphalt deposit extends from the 
applicant's adjoining lease or from private lands owned or controlled by 
the applicant; and
    (4) Include proof of ownership or control of the mineral deposit in 
the adjoining lands if not under a Federal lease.



Sec. 3575.4  Surface management agency.

    The surface management agency, if other than the Bureau, shall be 
consulted in accordance with Sec. 3500.9 of this title, as applicable.



Sec. 3575.5  Payment of bonus.

    Prior to the issuance of a new lease or a modification of an 
existing lease, the applicant shall be required to pay a bonus in an 
amount determined by the authorized officer based on an appraisal. In no 
event, shall such payment be less than $1 per acre or fraction thereof.



Sec. 3575.6  Terms and conditions of lease.

    New leases shall be issued subject to the terms and conditions set 
out under subpart 3571 of this title. The terms and conditions of 
modified leases shall be the same as in the existing leases.



                      Subpart 3576--Lease Renewals



Sec. 3576.1  Applications.

    An application for lease renewal shall be filed at least 90 days 
prior to the expiration of the lease term. There is no specific form 
required. All applications shall be filed in triplicate in the proper 
BLM office together with a nonrefundable filing fee of $25 and an 
advance rental payment of $1 per acre or fraction thereof.



Sec. 3576.2  Bonds.

    Prior to the issuance of a renewal lease, the lessee may be required 
to furnish a new bond as prescribed by subpart 3504 of this title.



Sec. 3576.3  Failure to apply for renewal.

    If the holder of a lease fails to apply for renewal timely, the 
lease shall expire on the last day of the lease term.



Sec. 3576.4  Lease terms and conditions.

    Each renewal lease shall be issued on a form approved by the 
Director and shall be effective the first day of the month following its 
approval by the authorized officer or the first day of the month 
following the expiration of the current lease, whichever is later, and 
shall otherwise be subject to the terms and conditions set forth under 
subpart 3571 of this title.



PART 3580--SPECIAL LEASING AREAS--Table of Contents




  Subpart 3581--Gold, Silver or Quicksilver in Confirmed Private Land 
                                 Grants

Sec.
3581.0-3  Authority.
3581.1  Lands to which applicable.
3581.2  Who may obtain a lease.
3581.3  Application for lease.
3581.4  Leases.
3581.4-1  Lease terms.

[[Page 723]]

3581.4-2  Rate of royalty; investment determined.
3581.4-3  Lease form and execution.
3581.5  Bond.

                Subpart 3582--National Park Service Areas

3582.0-3  Authority.
3582.1  Other applicable regulations.
3582.1-1  Leasable minerals.
3582.1-2  Hardrock minerals.
3582.2  Lands to which applicable.
3582.2-1  Boundary maps.
3582.2-2  Excepted areas.
3582.3  Consent and consultation.

Subpart 3583--Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
                        National Recreation Area

3583.0-3  Authority.
3583.1  Other applicable regulations.
3583.1-1  Leasable minerals.
3583.1-2  Hardrock minerals.
3583.2  Consent of Secretary of Agriculture.
3583.3  Application for hardrock mineral leases.
3583.4  Hardrock mineral leases.
3583.4-1  Leasing units.
3583.4-2  Royalties, rentals and minimum royalties.
3583.4-3  Special terms and conditions.
3583.4-4  Duration of lease.
3583.4-5  Lease by competitive bidding.
3583.5  Disposal of materials.

   Subpart 3584--Reserved Minerals in Lands Patented to the State of 
              California for Park or Other Public Purposes

3584.0-3  Authority.
3584.1  Lands to which applicable.
3584.2  Minerals to be leased.
3584.3  Other applicable regulations.
3584.4  Notice of application.
3584.5  Protection of surface.
3584.6  Terms of lease.

     Subpart 3585--White Mountains National Recreation Area, Alaska

3585.0-3  Authority.
3585.1  Lands to which applicable.
3585.2  Other applicable regulations.
3585.2-1  Leasable minerals.
3585.2-2  Hardrock minerals.
3585.3  Mining claimant preference right leases.
3585.3-1  Who may obtain a mining claimant preference right lease.
3585.3-2  Application.
3585.4  Leases.
3585.4-1  Survey for leasing.
3585.4-2  Terms and conditions.
3585.4-3  Relinquishment of claims.
3585.5  Exploration license.
3585.5-1  Exploration license.
3585.5-2  Other applicable regulations.
3585.5-3  Exploration plan.
3585.5-4  Notice of exploration.
3585.5-5  Contents of notice.
3585.5-6  Publication and posting of notice.
3585.5-7  Notice of participation.
3585.5-8  Decision on plan and participation.
3585.5-9  Submission of data.

                 Subpart 3586--Sand and Gravel in Nevada

3586.1  Applicable law and regulations.
3586.2  Existing leases.
3586.3  Transfers of lease.

    Authority:  The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359); the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Act of 
June 8, 1926 (30 U.S.C. 291-293); the Act of March 3, 1933, as amended 
(47 Stat. 1487); sec. 10, Act of August 4, 1939 (43 U.S.C. 387); the Act 
of October 8, 1964 (16 U.S.C. 460n et seq.); the Act of November 8, 1965 
(16 U.S.C. 460q et seq.); the Act of October 2, 1968 (16 U.S.C. 90c et 
seq.); the Act of October 27, 1972 (16 U.S.C. 460dd et seq.); the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 460mm-2--460mm-4); 
the Independent Offices Appropriations Act (31 U.S.C. 9701).

    Source:  51 FR 15256, Apr. 22, 1986, unless otherwise noted.



  Subpart 3581--Gold, Silver, or Quicksilver in Confirmed Private Land 
                                 Grants



Sec. 3581.0-3  Authority.

    Authority for leasing gold, silver, or quicksilver in confirmed 
private land grants is shown in Sec. 3500.0-3(c)(1) of this title.



Sec. 3581.1  Lands to which applicable.

    The regulations in this subpart apply to lands in private land 
claims patented pursuant to decrees of the Court of Private Land Claims 
where the grant did not convey the rights to deposits of gold, silver 
and quicksilver and where the grantee has not otherwise become entitled 
in law or in equity to the deposits.



Sec. 3581.2  Who may obtain a lease.

    Applications shall only be filed by, and leases issued to, the owner 
of the lands under the confirmed land grant; that is, the original 
grantee or his/her record transferee or successor in title.

[[Page 724]]



Sec. 3581.3  Application for lease.

    (a) Applications for leases shall be filed in triplicate in the 
proper BLM office and may include all or any part of the grant for which 
the applicant holds title on the date of the application. No specific 
form is required.
    (b) Applications shall set forth the name and address of the 
applicant, describe the lands in which the deposits occur by legal 
subdivision of the public surveys, if so surveyed, otherwise by metes 
and bounds; or if for the entire area in the grant, the name of the 
grant, area and date of patent shall suffice. The mineral deposits also 
shall be fully described, giving character, mode of occurrence, nature 
of the formation, kind and character of associated minerals, if any, 
proposed mining methods, estimate of amount of investment necessary for 
successful operation of the mine(s) contemplated, estimated amount of 
production of gold, silver and quicksilver, or any of them, and such 
other pertinent information as the applicant may desire to set forth, 
including what he/she considers a reasonable royalty rate under the 
lease.
    (c) The applicant also shall file with his/her application a duly 
authenticated abstract of title showing present ownership of the lands 
or a certificate of the county recorder of deeds that the record title 
stands in the applicant's name.



Sec. 3581.4  Leases.



Sec. 3581.4-1  Lease terms.

    The lease shall be issued for a period of 20 years with a preference 
right in the lessee to renew for a 10-year term at the end of the 
initial term and at the end of each 10-year period thereafter.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3581.4-2  Rate of royalty; investment determined.

    If the authorized officer finds the application sufficient to 
authorize the issuance of a lease, he/she shall establish a rate of 
royalty of not less than 5 percent or more than 12\1/2\ percent of the 
value of the output of gold, silver or quicksilver at the mine and also 
shall establish the amount of investment required under the lease.



Sec. 3581.4-3  Lease form and execution.

    A lease on a form approved by the Director shall be furnished to the 
applicant, who shall be allowed 30 days from notice within which to 
execute and return the lease to the proper BLM office and to furnish the 
required bond.



Sec. 3581.5  Bond.

    Prior to lease issuance, the lessee shall furnish a bond of not less 
than $2,000 conditioned upon compliance with all terms and conditions of 
the lease, including the prescribed investment requirement. The 
authorized officer reserves the right to increase the bond amount.



                Subpart 3582--National Park Service Areas



Sec. 3582.0-3  Authority.

    Authority for leasing mineral deposits within certain national 
recreation areas administered by the National Park Service is found in 
Sec. 3500.0-3(c)(3) of this title.



Sec. 3582.1  Other applicable regulations.



Sec. 3582.1-1  Leasable minerals.

    Except as otherwise specifically provided in this subpart, leasing 
of deposits of leasable minerals shall be governed by regulations in 
parts 3500, 3510, 3520, 3530, 3540 and 3550 of this title.



Sec. 3582.1-2  Hardrock minerals.

    Except as otherwise specifically provided in this subpart, leasing 
of deposits of hardrock minerals shall be governed by regulations in 
parts 3500 and 3560 of this title.



Sec. 3582.2  Lands to which applicable.



Sec. 3582.2-1  Boundary maps.

    The areas subject to the regulations in this subpart are those areas 
of lands and water which are shown on the following maps on file and 
available for public inspection in the Office of the Director of the 
National Park Service and in the Superintendent's office of each area. 
The boundaries of these areas may be revised by the Secretary

[[Page 725]]

as authorized in the Acts cited under Sec. 3500.0-3(c)(3) of this title.
    (a) Lake Mead National Recreation Area--the map identified as 
``boundary map 8360--80013A, revised December 1979.''
    (b) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area--the map identified as ``Proposed Whiskeytown-Shasta-
Trinity National Recreation Area,'' numbered BOR-WST 1004, dated July 
1963.
    (c) Ross Lake and Lake Chelan National Recreation Areas--the map 
identified as ``Proposed Management Units. North Cascades, Washington,'' 
numbered NP-CAS--7002, dated October 1967.
    (d) Glen Canyon National Recreation Area--the map identified as 
``Boundary Map Glen Canyon National Recreation Area,'' numbered GLC--
91,006, dated August 1972.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3582.2-2  Excepted areas.

    The following areas shall not be opened to mineral leasing:
    (a) Lake Mead National Recreation Area. (1) All waters of Lakes Mead 
and Mohave and all lands within 300 feet of those lakes measured 
horizontally from the shoreline at maximum water surface elevations.
    (2) All lands within the area of supervision of the Bureau of 
Reclamation around Hoover and Davis Dams and all lands within any 
developed and/or concentrated public use area or other area of 
outstanding recreational significance as designated by the 
Superintendent on the map (NRA-L.M. 2291A, dated July 1966) of Lake Mead 
National Recreation Area which is available for inspection in the Office 
of the Superintendent.
    (b) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area. (1) All waters of Whiskeytown Lake and all lands within 
1 mile of that lake measured from the shoreline at maximum surface 
elevation.
    (2) All lands classified as high density recreation, general outdoor 
recreation, outstanding natural and historic, as shown on the map 
numbered 611-20, 004B, dated April 1976 entitled ``Land Classification, 
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation Area.'' 
This map is available for public inspection in the Office of the 
Superintendent.
    (3) All lands within section 34 of Township 33 north, Range 7 west, 
Mt. Diablo Meridian.
    (c) Ross Lake and Lake Chelan National Recreation Areas. (1) All of 
Lake Chelan National Recreation Area.
    (2) All lands within one-half mile of Gorge, Diablo and Ross Lakes 
measured from the shoreline at maximum surface elevation.
    (3) All lands proposed for or designated as wilderness.
    (4) All lands within one-half mile of State Highway 20.
    (5) Pyramid Lake Research Natural Area and all lands within one-half 
mile of its boundaries.
    (d) Glen Canyon National Recreation Area. Those areas closed to 
mineral disposition within the natural zone, development zone, cultural 
zone and portions of the recreation and resource utilization zone as 
shown on the map numbered 80,002A, dated March 1980, entitled ``Mineral 
Management Plan--Glen Canyon National Recreation Area.'' This map is 
available for public inspection in the Office of the Superintendent and 
the Offices of the State Directors, Bureau of Land Management, Arizona 
and Utah.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



Sec. 3582.3  Consent and consultation.

    Any mineral lease or permit shall be issued or renewed only with the 
consent of the Regional Director, National Park Service. Such consent 
shall be granted only upon a determination by the Regional Director that 
the activity permitted under the lease or permit shall not have 
significant adverse effect upon the resources or administration of the 
area pursuant to the authorizing legislation for the area. Any lease or 
permit issued shall be subject to such conditions as may be prescribed 
by the Regional Director to protect the surface and significant 
resources of the area, to preserve their use for public recreation and 
subject to the condition that site specific approval of any activity on 
the lease or

[[Page 726]]

permit shall be given only upon a concurrence by the Regional Director. 
All lease applications for reclamation withdrawn lands also shall be 
submitted to the Bureau of Reclamation for review.



Subpart 3583--Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
                        National Recreation Area



Sec. 3583.0-3  Authority.

    Authority for leasing mineral deposits within the Shasta and Trinity 
Units of the Whiskeytown-Shasta-Trinity National Recreation Area 
administered by the Forest Service is cited in Sec. 3500.0-3(c)(4) of 
this title.



Sec. 3583.1  Other applicable regulations.



Sec. 3583.1-1  Leasable minerals.

    Except as otherwise specifically provided in this subpart, leasing 
of deposits of leasable minerals shall be governed by regulations in 
parts 3500, 3510, 3520, 3530, 3540 and 3550 of this title.



Sec. 3583.1-2  Hardrock minerals.

    This subpart governs the leasing of hardrock minerals in the Shasta 
and Trinity Units of the Whiskeytown-Shasta-Trinity National Recreation 
Area. The terms and conditions of hardrock leases issued under this 
subpart shall be the same as those set out for hardrock leases in 
subpart 3561 of this title, except as specifically modified in this 
subpart.



Sec. 3583.2  Consent of Secretary of Agriculture.

    Any mineral lease for lands subject to this subpart shall be issued 
only with the consent of the Secretary of Agriculture and subject to 
such conditions as he/she may prescribe after he/she finds that such 
disposition would not have significant adverse effects on the purpose of 
the Central Valley Project or the administration of the recreation area.



Sec. 3583.3  Applications for hardrock mineral leases.

    No specific form is required. An application shall include the 
applicant's name and address, a statement of holdings in accordance with 
subpart 3502 of this title, a description of the lands in accordance 
with subpart 3501 of this title, and the name of the mineral for which 
the lease is desired. The applicant shall state whether the mineral 
applied for can be developed in paying quantities, stating the reasons 
therefor, and shall furnish such facts as are available to him/her 
respecting the known occurrence of the mineral, the character of such 
occurrence and its probable value as evidencing the existence of a 
workable deposit of such mineral. Each application shall be filed in 
triplicate in the proper BLM office and shall be accompanied by a 
nonrefundable filing fee of $25.



Sec. 3583.4  Hardrock mineral leases.



Sec. 3583.4-1  Leasing units.

    Leasing units may not exceed 640 acres consisting, if the lands are 
surveyed, of legal subdivisions in reasonably compact form or, if the 
lands are not surveyed, of a square or rectangular area with north and 
south and east and west boundaries so as to approximate legal 
subdivisions, described by metes and bounds and connected to a corner of 
the public survey by courses and distances. The authorized officer may 
prescribe a lesser area for any mineral deposit if such lesser area is 
adequate for an economic mining operation.



Sec. 3583.4-2  Royalties, rentals and minimum royalties.

    Rentals and royalties shall be determined by the authorized officer 
on the basis of the fair market value, but in no event shall be less 
than:
    (a) A rental of 50 cents per acre or fraction thereof payable in 
advance until production is obtained.
    (b) A minimum royalty of $1 per acre or fraction thereof payable in 
advance after production is obtained.
    (c) A production royalty of 2 percent of the amount or value of the 
minerals mined, the exact amount of royalty to be fixed prior to the 
issuance of the lease.

[[Page 727]]



Sec. 3583.4-3  Special terms and conditions.

    Each lease shall contain provisions for the following:
    (a) Diligent development of the leased property, except when 
operations are interrupted by strikes, the elements or casualties not 
attributable to the lessee, unless operations are suspended upon a 
showing that the lease cannot be operated except at loss because of 
unfavorable market conditions;
    (b) Occupation and use of the surface shall be restricted to that 
which is reasonably necessary for the exploration, development and 
extraction of the leased minerals, subject to any special rules to 
protect the values of the recreation area;
    (c) No vegetation shall be destroyed or disturbed except where 
necessary to mine and remove the minerals;
    (d) Operations shall not be conducted in such a manner as to 
adversely affect the purpose of the Central Valley Project through 
dumping, drainage or otherwise;
    (e) Structures shall not be erected or roads or vehicle trails 
opened or constructed without first obtaining written permission from an 
authorized officer or employee of the Forest Service. The permit for a 
road or trail may be conditioned upon the permittee's maintaining the 
road or trail in passable condition satisfactory to the officer in 
charge of the area so long as it is used by the permittee or his/her 
successor;
    (f) Reservation of the right to add additional terms to the lease 
when deemed necessary by the authorized officer or employee of the 
Forest Service for the protection of the surface, its resources and use 
for recreation.



Sec. 3583.4-4  Duration of lease.

    Leases shall be issued for period of 5 years. Any lease in good 
standing, upon which production in paying quantities has been obtained, 
shall be subject to renewal for successive 5 year terms on such 
reasonable terms as may be prescribed by the Secretary. An application 
for renewal shall be filed in triplicate in the proper BLM office at 
least 90 days prior to the expiration of the current lease term unless 
the lands included in the lease have been withdrawn at the expiration of 
such term.



Sec. 3583.4-5  Lease by competitive bidding.

    Leases may be offered competitively for any lands applied for under 
this subpart without regard to the quantity or quality of the mineral 
deposit that may be present therein.



Sec. 3583.5  Disposal of materials.

    Materials within the public lands covered by regulations in this 
subpart which are not subject to the provisions of Secs. 3583.1-1 and 
3583.1-2 of this title shall be subject to disposal under the Materials 
Act of 1947, as amended (30 U.S.C. 601 et seq.), subject to the 
conditions and limitations on occupancy and operations prescribed for 
leases in this subpart.
[51 FR 15213, Apr. 22, 1986; 51 FR 25204, July 11, 1986]



   Subpart 3584--Reserved Minerals in Lands Patented to the State of 
              California for Park or Other Public Purposes



Sec. 3584.0-3  Authority.

    Authority for leasing reserved minerals in certain lands patented to 
the State of California for park or other purposes is cited under 
Sec. 3500.0-3(c)(2) of this title.



Sec. 3584.1  Lands to which applicable.

    The regulations in this subpart apply to certain lands patented to 
the State of California for park and other public purposes.



Sec. 3584.2  Minerals to be leased.

    Leasable and hardrock minerals are subject to lease under this 
subpart.



Sec. 3584.3  Other applicable regulations.

    Subject to regulations in this subpart, the regulations in parts 
3500, 3510, 3520, 3530, 3540, 3550 and 3560 of this title shall govern 
the leasing of all leasable and hardrock minerals within the area.
[51 FR 15213, Apr. 22, 1986; 51 FR 25205, July 11, 1986]

[[Page 728]]



Sec. 3584.4  Notice of application.

    The authorized officer shall notify the surface owner of each 
application received. Notice of any proposed competitive lease sale 
shall be given to the surface owner prior to publication of notice of 
sale. Should the surface owner object to leasing of any tract for 
reasons determined by the authorized officer to be satisfactory, the 
application shall be rejected and the lands shall not be offered for 
lease sale.



Sec. 3584.5  Protection of surface.

    All leases issued pursuant to this subpart shall be conditioned upon 
compliance by the lessee with all the laws, rules and regulations of the 
State of California for the safeguarding and protection of plant life, 
scenic features and park or recreational improvements on the lands, 
where not inconsistent with the terms of the lease or this section. The 
lease also shall provide that any mining work performed upon the lease 
shall be located in accordance with any requirements of the State 
necessary for the protection of the surface rights and uses and so 
conducted as to result in the least possible injury to plant life, 
scenic features and improvements and that, upon completion of the mining 
operation, all excavations, including wells, shall be closed and the 
property shall be conditioned for abandonment to the satisfaction of the 
surface owner. The lease shall further provide that any use of the lands 
for ingress to and egress from the mine shall be on a route approved in 
writing by the State's authorized representative.



Sec. 3584.6  Terms of lease.

    Leases for hardrock minerals shall issue for a period of 5 years 
with a preference in the lessee for renewal for a term of 5 years at the 
end of the initial term and at the end of each 5 year period thereafter 
(See subpart 3566).



     Subpart 3585--White Mountains National Recreation Area, Alaska



Sec. 3585.0-3  Authority.

    (a) Authority for leasing minerals in the White Mountains National 
Recreation Area--Alaska is found in Sec. 3500.0-3(c)(5) of this title.
    (b) Authority for approving exploration licenses is section 302(b) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1732(b)).



Sec. 3585.1  Lands to which applicable.

    The lands subject to the regulations in this subpart are within the 
White Mountains National Recreation Area--Alaska which have been opened 
to mineral leasing and development pursuant to the findings in the land 
use plan for the area that such use and development would be compatible 
with, or would not significantly impair, public recreation and 
conservation of the scenic, scientific, historic, fish and wildlife or 
other values contributing to public enjoyment. The land use plan is on 
file and available for public inspection in the Bureau's Fairbanks 
District Office.



Sec. 3585.2  Other applicable regulations.



Sec. 3585.2-1  Leasable minerals.

    Leasing of deposits of leasable minerals shall be governed by the 
applicable regulations in parts 3500, 3510, 3520, 3530, 3540 and 3550 of 
this title.



Sec. 3585.2-2  Hardrock minerals.

    Expect as otherwise specifically provided in Secs. 3585.3 and 3585.4 
of this title for mining claimant preference right leases, the 
regulations in parts 3500 and 3560 of this title shall govern the 
leasing of hardrock minerals.



Sec. 3585.3  Mining claimant preference right leases.



Sec. 3585.3-1  Who may obtain a mining claimant preference right lease.

    Where, consistent with the land use plan, the Secretary has opened 
the area to mineral leasing and development, the holder of an 
unperfected mining claim within the White Mountains National Recreation 
Area--Alaska which was, prior to November 16, 1978, located, recorded 
and maintained in accordance with applicable Federal and State laws on 
lands located within the recreation area is entitled to a lease

[[Page 729]]

for the removal of the hardrock minerals from the mining claim(s), 
provided such mining claimant submits a timely application.



Sec. 3585.3-2  Application.

    (a) An application for a mining claimant preference right lease 
shall be filed in triplicate in the Fairbanks District Office, Bureau of 
Land Management, P.O. Box 1150, Fairbanks, Alaska 99707, by the holder 
of an unperfected mining claim(s), within 2 years from the date the 
lands are opened to mineral leasing and development.
    (b) No specific form is required.
    (c) Each application shall be signed in ink by the applicant and 
shall include the following:
    (1) The applicant's name and address;
    (2) The serial number for each claim for which the application is 
made;
    (3) The name of the mineral(s) for which the lease is sought; and
    (4) A separate map on which the claim(s) is clearly marked.
    (d) A single application may embrace any number of unperfected 
mining claims provided that, in the aggregate, the claims do not exceed 
640 acres. The claims shall be contiguous and shall be located entirely 
within an area 6 miles square. Multiple applications may be submitted.



Sec. 3585.4  Leases.



Sec. 3585.4-1  Survey for leasing.

    Prior to the issuance of a lease under this subpart, the applicant, 
at his/her own expense, shall be required to have a correct survey made 
under authority of a cadastral engineer, such survey to show the 
exterior surface boundaries of the entire lease tract, not each 
individual mining claim where more than one claim is involved, which 
boundaries are to be distinctly marked by monuments on the ground. 
Application for authorization of survey shall be made in accordance with 
subpart 1821 of this title.
[51 FR 15213, Apr. 22, 1986; 51 FR 25205, July 11, 1986]



Sec. 3585.4-2  Terms and conditions.

    Leases shall be issued on a form approved by the Director and under 
such terms and conditions as prescribed in the lease form and subpart 
3561 of this title. Where deemed necessary by the authorized officer, 
special lease stipulations also shall be included for the protection of 
the surface, its resources and use for recreation.



Sec. 3585.4-3  Relinquishment of claims.

    Prior to the issuance of a lease, the applicant shall relinquish in 
writing any right or interest in his/her mining claim(s) as of the date 
the lease covering such claim(s) becomes effective.



Sec. 3585.5  Exploration license.



Sec. 3585.5-1  Exploration license.

    Private parties, jointly or severally, may apply for exploration 
licenses to explore known hardrock mineral deposits which are not under 
lease or within an area subject to application and lease under 
Sec. 3585.3 of this title to obtain geologic, environmental and other 
pertinent data concerning such deposits. Exploration licenses do not 
grant the licensee any preference right to a lease.



Sec. 3585.5-2  Other applicable regulations.

    Except as otherwise specifically provided in this subpart, the 
regulations pertaining to land use authorizations under part 2920 of 
this title shall govern the issuance of exploration licenses.



Sec. 3585.5-3  Exploration plan.

    All applications for exploration licenses shall include an 
exploration plan which is in full compliance with Sec. 3562.3-3 of this 
title. The approved exploration plan shall be attached to, and made a 
part of, the license.



Sec. 3585.5-4  Notice of exploration.

    Applicants for exploration licenses shall publish a Notice of 
Exploration inviting other parties to participate in exploration under 
license on a pro rata cost sharing basis.



Sec. 3585.5-5  Contents of notice.

    The Notice of Exploration prepared by the authorized officer and 
furnished to the applicant shall contain:
    (a) The name and address of the applicant;
    (b) A description of the lands;

[[Page 730]]

    (c) The address of the Bureau office where the exploration plan will 
be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3585.5-6  Publication and posting of notice.

    (a) The applicant shall publish the Notice of Exploration once a 
week for 3 consecutive weeks in at least 1 newspaper of general 
circulation nearest the area where the lands are located.
    (b) The authorized officer shall post the notice in the Bureau's 
Alaska State Office and in the Fairbanks District Office for 30 days.



Sec. 3585.5-7  Notice of participation.

    Any person who seeks to participate in the exploration program shall 
notify the authorized officer and the applicant in writing within 30 
days after posting of the Notice of Exploration.



Sec. 3585.5-8  Decision on plan and participation.

    (a) The authorized officer may issue the exploration license naming 
participants and acreage covered, establishing core hole spacing and 
resolving any other issue necessary to minimize surface disturbance and 
inconsistencies between proposed exploration plans.
    (b) Upon application by the participants, a modification of the 
exploration plan may be approved by the authorized officer.
[51 FR 15213, Apr. 22, 1986; 51 FR 25205, July 11, 1986]



Sec. 3585.5-9  Submission of data.

    The licensee shall furnish the authorized officer with copies of all 
data obtained during exploration. All data shall be considered 
confidential and not made public until the areas have been leased or 
until the authorized officer determines that public access to the data 
is not exempt from disclosure under the Freedom of Information Act, 
whichever occurs first.



                 Subpart 3586--Sand and Gravel in Nevada



Sec. 3586.1  Applicable law and regulations.

    The Act of June 8, 1926 (44 Stat. 708), authorizes the Secretary to 
dispose of the reserved minerals in certain lands patented to the State 
of Nevada under such conditions and under such rules and regulations as 
he/she may prescribe. Mineral materials, including deposits of sand and 
gravel, in such lands shall, except for leases granted and renewed under 
this subpart, be subject to disposal only under the regulations in Group 
3600 of this title which implement the Materials Act of 1947, as amended 
(30 U.S.C. 601 et seq.).



Sec. 3586.2  Existing leases.

    Existing sand and gravel leases may be renewed at the expiration of 
their initial term, and at the end of each successive 5-year period 
thereafter, for an additional term of 5 years, under such terms and 
conditions as the authorized officer determines to be reasonable. An 
application for renewal shall be filed in triplicate in the proper BLM 
office within 90 days prior to the expiration of the lease term and be 
accompanied by a nonrefundable filing fee of $25. Prior to renewal of a 
lease, the lessee shall be required to file a new bond and remit advance 
rental for the first year of the renewal lease at the rate prescribed by 
the authorized officer. The rental payment shall not be less than $20. 
The lease shall be renewed only upon application of the lessee of 
record. The authorized officer shall not renew any lease that is not 
producing sand and gravel or is not part of an existing sand and gravel 
mining operation.



Sec. 3586.3  Transfers of lease.

    Leases may be transferred in whole or in part. The regulations in 
subpart 3506 of this title shall govern all such transfers.

[[Page 731]]



PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING OPERATIONS--Table of Contents




    Note:  There are many leases and agreements currently in effect, and 
which will remain in effect, involving Federal leases which specifically 
refer to the United States Geological Survey, Minerals Management 
Services or the Conservation Division. These leases and agreements also 
often specifically refer to various officers as Supervisor, Conservation 
Manager, Deputy Conservation Manager, Minerals Manager and Deputy 
Minerals Manager. In addition, many leases and agreements specifically 
refer to 30 CFR part 231 or specific sections thereof. Those references 
shall now mean the Bureau of Land Management or Minerals Management 
Service, as appropriate.

 Subpart 3590--Solid Minerals (Other than Coal) Exploration and Mining 
                           Operations--General

Sec.
3590.0-1  Purpose.
3590.0-2  Policy.
3590.0-3  Authority.
3590.0-5  Definitions.
3590.0-7  Scope.
3590.1  Confidentiality of information.
3590.2  Responsibility of the authorized officer.

 Subpart 3591--General Obligations of Lessees, Licensees and Permittees

3591.1  General obligations of lessees, licenses and permittees.
3591.2  Forms and reports.

                      Subpart 3592--Plans and Maps

3592.1  Operating plans.
3592.2  Maps of underground workings and surface operations.
3592.3  Production maps.

                  Subpart 3593--Bore Holes and Samples

3593.1  Core or test hole cores, samples, cuttings.

                      Subpart 3594--Mining Methods

3594.1  Ultimate maximum recovery.
3594.2  Support pillars.
3594.3  Boundary pillars and isolated blocks.
3594.4  Development on leased lands through adjoining mines as part of a 
          mining unit.
3594.5  Minerals soluble in water; brines; minerals taken in solution.

             Subpart 3595--Protection Against Mining Hazards

3595.1  Surface openings.
3595.2  Abandonment of underground workings.

               Subpart 3596--Waste From Mining or Milling

3596.1  Milling.
3596.2  Disposal of waste.

                    Subpart 3597--Production Records

3597.1  Books of account.
3597.2  Audits.

                Subpart 3598--Inspection and Enforcement

3598.1  Inspection of underground and surface conditions; surveying, 
          estimating and study.
3598.2  Issuance of orders.
3598.3  Service of notices, instructions and orders.
3598.4  Enforcement orders.
3598.5  Appeals.

          Subpart 3599--Late Payment or Underpayment of Charges

3599.1  Late payment or underpayment charges.

    Authority:  The Mineral Leasing Act as amended and supplemented (30 
U.S.C. 181 et seq.); the Mineral Leasing Act for Acquired Lands, as 
amended (30 U.S.C. 351-359); the National Environmental Policy Act of 
1969, as amended (42 U.S.C. 4331 et seq.); the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.); Reorganization Plan No. 
3 of 1946 (5 U.S.C. Appendix); sec. 3 of the Act of September 1, 1949 
(30 U.S.C. 192c); the Act of June 30, 1950 (16 U.S.C. 508(b)); the Act 
of June 8, 1926 (30 U.S.C. 291-293); the Act of March 3, 1933, as 
amended (47 Stat. 1487); sec. 10 of the Act of August 4. 1939 (43 U.S.C. 
387); the Act of October 8, 1964 (16 U.S.C. 460n et seq.); the Act of 
November 8, 1965 (16 U.S.C. 90c et seq.); the Act of October 27, 1972 
(16 U.S.C. 460dd et seq.); the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 460mm-2-460mm-4); the Independent Offices 
Appropriation Act (31 U.S.C. 9701); the Combined Hydrocarbon Leasing Act 
of 1981 (95 Stat. 1070); the Act of May 27, 1908 (35 Stat. 315); the Act 
of March 3, 1981 (95 Stat. 1070); the Act of May 27, 1908 (35 Stat. 
315); the Act of March 3, 1909, as amended (25 U.S.C. 396); the Act of 
May 11, 1938, as amended (25 U.S.C. 396a-396q); the Indian Mineral 
Development Act of 1982 (25 U.S.C. 2101 et seq.).

[[Page 732]]


    Source:  53 FR 39461, Oct. 7, 1988, unless otherwise noted.



 Subpart 3590--Solid Minerals (Other Than Coal) Exploration and Mining 
                           Operations--General



Sec. 3590.0-1  Purpose.

    The purpose of the regulations in this part is to promote orderly 
and efficient prospecting, exploration, testing, development, mining and 
processing operations and production practices without waste or 
avoidable loss of minerals or damage to deposits; to encourage maximum 
recovery and use of all known mineral resources; to promote operating 
practices which will avoid, minimize or correct damage to the 
environment--land, water and air--and avoid, minimize or correct hazards 
to public health and safety; and to obtain a proper record and 
accounting of all minerals produced.



Sec. 3590.0-2  Policy.

    The regulations in this part are administered under the direction of 
the Director, Bureau of Land Management.



Sec. 3590.0-.3  Authority.

    Authority for carrying out the regulations in this part is set out 
in Sec. 3500.0-3 of this title, unless otherwise noted.



Sec. 3590.0-5  Definitions.

    As used in this part, the term:
    (a) Established requirements means applicable law and regulations, 
lease, license or permit terms, conditions and special stipulations; 
approved mine or exploration plan requirements; and orders issued by the 
authorized officer.
    (b) General mining order means a formal numbered order issued in a 
rulemaking procedure by the Department of the Interior which implements 
the regulations in this part and applied to mining and related 
operations.
    (c) Lessee means any person, partnership, association, corporation 
or municipality that holds a mineral lease, through issuance or 
assignment, in whole or part, which lease is subject to the provisions 
of this part.
    (d) Licensee means any person, partnership, association, corporation 
or municipality that holds a mineral license, through issuance or 
assignment, in whole or part, which license is subject to the provisions 
of this part.
    (e) Permittee means any person, partnership, association, 
corporation or municipality that holds a mineral prospecting permit, 
through issuance, or assignment, in whole or part, which permit is 
subject to the provisions of this part.
    (f) Operator means anyone authorized to conduct operations pursuant 
to the regulations in this part.
    (g) Reclamation means the measures undertaken to bring about the 
necessary reconditioning or restoration of lands or water affected by 
exploration, mining, on-site processing operations or waste disposal in 
a manner which, among other things, will prevent or control on-site or 
offsite damage to the environment.
    (h) Ultimate maximum recovery means that all portions of a leased 
Federal mineral deposit shall be mined, based on standard industry 
operating practices. The requirement to achieve ultimate maximum 
recovery does not in any way restrict the authorized officer's authority 
to ensure the conservative of the mineral resource and protection of the 
other resources.



Sec. 3590.0-7  Scope.

    The regulations in this part govern operations for the discovery, 
testing, development, mining, reclamation, and processing of all 
minerals under lease, license or permit issued for Federal lands under 
the regulations in Group 3500 of this title or part 3140 of this title. 
For operations, involving the extraction of hydrocarbon from tar sands 
or oil shale by in-situ methods utilizing boreholes or wells, part 3160 
of this title is applicable. These regulations also govern operations 
for all minerals on Indian tribal lands and allotted Indian lands leased 
under 25 CFR parts 211 and 212. Further, when the regulations in this 
part related to matters included in 25 CFR part 215 or 216 the 
regulations in this part shall be considered as supplemental and the 
regulations in 25 CFR part 215 or 216 shall govern to the extent of any 
inconsistencies.

[[Page 733]]



Sec. 3590.1  Confidentiality of information.

    (a) Information obtained under this part and on file shall be open 
for public inspection and copying during regular office hours, pursuant 
to the provisions of the Freedom of Information Act (5 U.S.C. 522(b)) 
and part 2 of this title. Upon termination of a lease, license, or 
permit, whether by expirations of its terms or otherwise, such 
information shall become available to the public.
    (b) Information requested to be kept confidential under this section 
shall be clearly identified by the lessee, licensee or permittee by 
marking each page of documents submitted with the words ``Confidential 
Information'' at the top of the page. All pages so marked shall be in a 
separate volume(s) from other portions of the submitted materials. All 
information not marked, ``Confidential Information'' shall be available 
for public inspection, except that information previously submitted and 
not marked will be available for public inspection, only in accordance 
with the Freedom of Information Act.
    (c) Confidential and privileged information obtained from a lessee 
under this part on any Indian lease shall be available only to the Tribe 
or allotted Indian lessor, their designated agent or authorized 
Department of the Interior officials. Such information shall not be made 
available to any other party without the express authorization of the 
Tribe or allotted Indian lessor.



Sec. 3590.2  Responsibility of the authorized officer.

    The authorized officer shall regulate prospecting, exploration, 
testing, development, mining, processing operations, and reclamation 
authorized under this part. The duties of the authorized officer 
include, but are not limited to, the following:
    (a) Approval of operating plans and plan modifications after 
preparation of appropriate environmental analyses. Prior to approving a 
plan, the authorized officer shall consult with the agency having 
jurisdiction over the lands with respect to the surface protection and 
reclamation aspects of such plan.
    (b) Inspection, at least quarterly, of leased, licensed or permitted 
lands where operations for discovery, testing, development, mining, 
reclamation, or processing of minerals are being conducted.
    (c) Inspection and regulation of such operations for the purpose of 
preventing waste of mineral substances or damage to formations and 
deposits containing them, or damage to other formations, deposits or 
nonmineral resources affected by the operations.
    (d) Inspecting exploration and mining operations to determine the 
adequacy of water management and pollution control measures taken for 
the protection of the quality of surface and groundwater resources and 
the adequacy of emission control measures taken for the protection of 
air quality. Such inspection shall be conducted as necessary and shall 
be fully coordinated with all State and Federal agencies having 
jurisdiction.
    (e) Requiring operators to conduct operations in compliance with 
established requirements, including the law, regulations, the terms and 
conditions of the lease, license or permit, the requirements of approved 
exploration or mining plans, notices and orders and special 
stipulations.
    (f) Obtaining the records of production of minerals and other 
information as necessary in order to verify that production reported to 
the Minerals Management Service for royalty purposes is an accurate 
accounting of minerals produced.
    (g) Acting on applications for suspension of operations and 
production filed under Sec. 3503.3 of this title and terminating such 
suspensions when conditions warrant. The authorized officer shall, upon 
request, assist in review of applications for suspension of operations 
and production on Indian lands which are filed under the provisions of 
25 CFR parts 211 and 212.
    (h) Upon receipt of a written request for cessation or abandonment 
of operations, inspecting the operations and determining whether they 
are in compliance with established requirements. The authorized officer 
shall, in accordance with applicable procedures, consult with, or obtain 
the concurrence of the State or Federal agency having jurisdiction over 
the lands with respect to the surface protection and reclamation 
requirements of the lease, license

[[Page 734]]

or permit and the exploration or mining plan.
    (i) Acting on any mineral trespass on Federal or Indian lands in 
accordance with part 9230 of this title. The surface managing agency, if 
other than the BLM, shall be notified of any mineral trespass and the 
planned enforcement action.
    (j) Implementing General Mining Orders and issuing other orders, 
making determinations and providing concurrence and approvals as 
necessary to implement or assure compliance with the regulations in this 
part. Any verbal orders, approvals or concurrences shall be promptly 
confirmed in writing.



 Subpart 3591--General Obligations of Lessees, Licensees and Permittees



Sec. 3591.1  General obligations of lessees, licensees and permittees.

    (a) Operations for the discovery, testing, development, mining or 
processing of minerals shall conform to the established requirements.
    (b) The surface of lease, license or permit lands shall be reclaimed 
in accordance with established requirements. Lessees, licensees or 
permittees shall take such action as may be needed to avoid, minimize or 
repair:
    (1) Waste and damage to mineral-bearing formations;
    (2) Soil erosion;
    (3) Pollution of the air;
    (4) Pollution of surface or ground water;
    (5) Damage to vegetation;
    (6) Injury to or destruction of fish or wildlife and their habitat;
    (7) Creation of unsafe or hazardous conditions;
    (8) Damage to improvements; and
    (9) Damage to recreation, scenic, historical and ecological values 
of the lands.
    (10) Damage to scientifically significant paleontological and 
archaeological resources.
    (c) All operations conducted under this part shall be consistent 
with Federal and State water and air quality standards.
    (d) Inundations, fires, fatal accidents, accidents threatening 
damage to the mine, the lands or the deposits, or conditions which could 
cause water pollution shall be reported promptly to the authorized 
officer. The notice required by this section shall be in addition to any 
notice or reports required by 30 CFR part 56 or 57, or other applicable 
regulations.



Sec. 3591.2  Forms and reports.

    The operator shall submit production and royalty forms and reports 
to the Minerals Management Service in accordance with 30 CFR parts 216 
and 218.



                      Subpart 3592--Plans and Maps



Sec. 3592.1  Operating plans.

    (a) Before conducting any operations under any lease(s), license(s), 
or permit(s), the operator shall submit to the authorized officer an 
exploration or mining plan which shall show in detail the proposed 
exploration, prospecting, testing, development or mining operations to 
be conducted. Exploration and mining plans shall be consistent with and 
responsive to the requirements of the lease, license or permit for the 
protection of nonmineral resources and for the reclamation of the 
surface of the lands affected by the operations on Federal or Indian 
lease(s), license(s), or permits. The authorized officer shall consult 
with any other agency involved, and shall promptly approve the plans or 
indicate what additional information is necessary to conform to the 
provisions of the established requirements. No operations shall be 
conducted except as provided in an approved plan.
    (b) The exploration plan shall be submitted in accordance with 
mineral specific regulations in Group 3500 of this title (See subparts 
3512, 3522, 3532, 3542, 3552 and 3562) and in accordance with 25 CFR 
216.6 for Indian lands.
    (c) The lessee/operator shall submit 2 copies of the mining plan to 
the authorized officer for approval. An additional copy shall be 
submitted if the surface managing agency is other than the BLM. The 
mining plan shall contain, at a minimum, the following:

[[Page 735]]

    (1) Names, addresses and telephone numbers of those responsible for 
operations to be conducted under the approved plan to whom notices and 
orders are to be delivered, names and addresses of lessees, Federal 
lease serial numbers and names and addresses of surface and mineral 
owners of record, if other than the United States;
    (2) A general description of geologic conditions and mineral 
resources, with appropriate maps, within the area where mining is to be 
conducted;
    (3) A copy of a suitable map or aerial photograph showing the 
topography, the area covered by the lease(s), the name and location of 
major topographic and cultural features and the drainage plan away from 
the affected area;
    (4) A statement of proposed methods, of operating, including a 
description of the surface or underground mining methods, the proposed 
roads, the size and location of structures and facilities to be built, 
mining sequence, production rate, estimated recovery factors, stripping 
ratios and number of acres in the Federal or Indian lease(s), 
license(s), or permit(s) to be affected;
    (5) An estimate of the quantity and quality of the mineral 
resources, proposed cutoff grade and, if applicable, proposed blending 
procedures for all leases covered by the mining plan;
    (6) An explanation of how ultimate maximum recovery of the resource 
will be achieved for the Federal or Indian lease(s). If a mineral 
deposit, or portion thereof, is not to be mined or is to be rendered 
unminable by the operation, the operator/lessee shall submit appropriate 
justification to the authorized officer for approval;
    (7) Appropriate maps and cross sections showing:
    (i) Federal or Indian lease boundaries and serial numbers;
    (ii) Surface ownership and boundaries;
    (iii) Locations of existing and abandoned mines;
    (iv) Typical structure cross sections;
    (v) Location of shafts or mining entries, strip pits, waste dumps, 
and surface facilities; and
    (vi) Typical mining sequence, with appropriate timeframes;
    (8) A narrative which addresses the environmental aspects associated 
with the proposed mine which includes, at a minimum, the following:
    (i) An estimate of the quantity of water to be used and pollutants 
that may enter any receiving waters;
    (ii) A design for the necessary impoundment, treatment or control of 
all runoff water and drainage from workings to reduce soil erosion and 
sedimentation and to prevent the pollution of receiving waters;
    (iii) A description of measures to be taken to prevent or control 
fire, soil erosion, subsidence, pollution of surface and ground water, 
pollution of air, damage to fish or wildlife or other natural resources 
and hazards to public health and safety; and
    (9) A reclamation schedule and the measures to be taken for surface 
reclamation of the Federal or Indian lease(s). license(s), or permit(s) 
that will ensure compliance with the established requirements. In those 
instances in which the lease requires the revegetation of an area 
affected by operations, the mining plan shall show:
    (i) Proposed methods of preparation and fertilizing the soil prior 
to replanting;
    (ii) Types and mixtures of shrubs, trees or tree seedlings, grasses 
or legumes to be planted; and
    (iii) Types and methods of planting, including the amount of grasses 
or legumes per acre, or the number and spacing of trees or tree 
seedlings, or combinations of grasses and trees;
    (10) The method of abandonment of operations on Federal or Indian 
lease(s), license(s), and permit(s) proposed to protect the unmined 
recoverable reserves and other resources, inlcuding the method proposed 
to fill in, fence or close all surface openings which are a hazard to 
people or animals. Abandonment of operations also is subject to the 
provisions of subpart 3595 of this title; and
    (11) Any additional information that the authorized officer deems 
necessary for approval of the plan.
    (d)(1) Approved exploration and mining plans may be modified at any 
time to adjust to changed conditions or to correct an oversight. To 
obtain approval of an exploration or mining plan

[[Page 736]]

modification, the operator/lessee shall submit a written statement of 
the proposed modification and the justification for such modification. 
Any proposed exploration or mining plan modification(s) shall not be 
implemented unless previously approved by the authorized officer.
    (2) The authorized officer may require a modification to the 
approved exploration or mining plan if conditions warrant.
    (e) If circumstances warrant, or if development of an exploration or 
mining plan for the entire operation is dependent upon unknown factors 
which cannot or will not be determined except during the progress of the 
operations, a partial plan may be approved and supplemented from time to 
time. The operator/lessee shall not, however, perform any operation 
except under an approved plan.



Sec. 3592.2  Maps of underground workings and surface operations.

    Maps of underground workings and surface operations shall be drawn 
to a scale acceptable to the authorized officer. All maps shall be 
appropriately marked with reference to Government land marks or lines 
and elevations with reference to sea level. When required by the 
authorized officer, vertical projections and cross sections shall 
accompany plan views. Maps shall be based on accurate surveys and 
certified by a professional engineer, professional land surveyor or 
other professionally qualified person. Accurate copies of such maps or 
reproductive material or prints thereof shall be furnished by the 
operator to the authorized officer when and as required.



Sec. 3592.3  Production maps.

    (a) The operator shall prepare maps which show mineral production 
from the leased lands. All excavations in each separate bed or deposit 
shall be shown in such a manner that the production of minerals for any 
royalty period can be accurately ascertained. Maps submitted for in situ 
or solution mining shall show pipelines, meter locations, or other 
points of measurement necessary for production verification. Production 
maps shall be submitted to the authorized officer at the end of each 
royalty reporting period or on a schedule determined by the authorized 
officer. As appropriate or required by the authorized officer, 
production maps also shall show surface boundaries, lease boundaries and 
topography, including subsidence resulting from mining activities.
    (b) In the event of failure of the operator to furnish the maps 
required by this section, the authorized officer shall employ a licensed 
mine surveyor to make a survey and maps of the mine, and the cost 
thereof shall be charged to and promptly paid by the operator/lessee.
    (c) If the authorized officer believes any map submitted by an 
operator/lessee is incorrect, the authorized officer may cause a survey 
to be made, and if the survey shows the map submitted by the operator/
lessee to be substantially incorrect in whole or in part, the cost of 
making the survey and preparing the map shall be charged to and promptly 
paid by the operator/lessee.



                  Subpart 3593--Bore Holes and Samples



Sec. 3593.1  Core or test hole cores, samples, cuttings.

    (a) The operator/lessee shall submit promptly to the authorized 
officer a signed copy of records of all core or test holes made on the 
lands covered by the lease, license or permit. The records shall be in a 
form that will allow the position and direction of the holes to be 
located on a map. The records shall include a log of all strata 
penetrated and conditions encountered, such as water, gas or unusual 
conditions. Copies of analysis of all samples shall be transmitted to 
the authorized officer as soon as obtained or as requested by the 
authorized officer. The operator/lessee shall furnish the authorized 
officer a detailed lithologic log of each drill hole and all other in-
hole surveys or other logs produced. The core from test holes shall be 
retained by the operator/lessee for 1 year or such other period as may 
be directed by the authorized officer, and shall be available for 
inspection by the authorized officer. The authorized officer may cut 
such cores and receive samples as appropriate. Upon the request of the

[[Page 737]]

authorized officer, the operator/lessee shall furnish samples of strata, 
drill cuttings and mill products.
    (b) Surface drill holes for development or holes for prospecting 
shall be abandoned to the satisfaction of the authorized officer by 
cementing and/or casing or by other methods approved in advance by the 
authorized officer and in a manner to protect the surface and not 
endanger any present or future underground operation or any deposit of 
oil, gas, other mineral substances or aquifer.
    (c) Logs and analyses of development holes shall not be required 
unless specifically requested by the authorized officer. Drill holes may 
be converted to surveillance wells for the purpose of determining the 
effect of subsequent operations upon the quantity, quality of pressure 
of ground water or mine gases. Such conversion may be required by the 
authorized officer or requested by the operator/lessee and approved by 
the authorized officer. Prior to the termination of the lease, license 
or permit term, all surveillance wells shall be reclaimed unless the 
surface owner assumes responsibility for reclamation of such 
surveillance wells. The transfer of liability for reclamation shall be 
approved in writing by the authorized officer.
    (d) When drilling on lands with potential for encountering high 
pressure oil, gas or geothermal formations, drilling equipment shall be 
equipped with blowout control devices acceptable to the authorized 
officer.



                      Subpart 3594--Mining Methods



Sec. 3594.1  Ultimate maximum recovery.

    (a) Mining operations shall be conducted in a manner to yield the 
ultimate maximum recovery of the mineral deposits, consistent with the 
protection and use of other natural resources and the protection and 
preservation of the environment--land, water and air. All shafts, main 
exits and passageways, as well as overlying beds or mineral deposits 
that at a future date may be of economic importance, shall be protected 
by adequate pillars in the deposit being worked or by such other means 
as approved by the authorized officer.
    (b) New geologic information obtained during mining regarding any 
mineral deposits on the lease shall be fully recorded and a copy of the 
record furnished to the authorized officer, if requested.



Sec. 3594.2  Support pillars.

    Sufficient pillars shall be left during first mining to ensure the 
ultimate maximum recovery of mineral deposits prior to abandonment. All 
boundary pillars shall be 50 feet thick unless otherwise specified in 
writing by the authorized officer. Boundary and other main pillars shall 
be mined only with the written consent or by order of the authorized 
officer.



Sec. 3594.3  Boundary pillars and isolated blocks.

    (a) If the ore on adjacent lands subject to the regulations in this 
part has been worked out beyond any boundary pillar, if the water level 
beyond the pillar is below the operator's/lessee's adjacent operations, 
and if no other hazards exist, the operator/lessee shall, on the written 
order of the authorized officer, mine out and remove all available ore 
in such boundary pillar, both in the lands covered by the lease and in 
the adjoining premises, when the authorized officer determines that such 
ore can be mined without undue hardship to the operator/lessee.
    (b) If the mining rights in adjoining premises are privately owned 
or controlled, an agreement may be made with the owners of such 
interests for the extraction of the ore in the boundary pillars.
    (c) Narrow strips of ore between leased lands and the outcrop on 
other lands subject to the regulations in this part and small blocks of 
ore adjacent to leased lands that would otherwise be isolated or lost 
may be mined under the provisions of paragraphs (a) and (b) of this 
section.



Sec. 3594.4  Development on leased lands through adjoining mines as part of a mining unit.

    An operator/lessee may mine a leased tract from an adjoining 
underground mine on lands privately owned or controlled or from adjacent 
leased lands, under the following conditions:

[[Page 738]]

    (a) The only connections between the mine on lands privately owned 
or controlled and the mine on leased lands shall be the main 
haulageways, the ventilationways and the escapeways. Substantial 
concrete frames and fireproof doors that can be closed in an emergency 
and opened from either side shall be installed in each such connection. 
Other connections through the boundary pillars shall not be made until 
both mines are about to be exhausted and abandoned. The authorized 
officer may waive any of the requirements of this paragraph when it is 
determined such waiver will not conflict with the regulations in 30 CFR 
part 57 and will promote maximum recovery of the ore.
    (b) Free access for inspection of said connecting mine on lands 
privately owned or controlled shall be given at any reasonable time to 
the authorized officer.
    (c) If an operator/lessee is operating on a lease through a mine on 
lands privately owned or controlled does not maintain the mine access in 
accordance with the safety regulations, operations on the leased lands 
may be stopped by order of the authorized officer.



Sec. 3594.5  Minerals soluble in water; brines; minerals taken in solution.

    (a) In mining or prospecting deposits of sodium, potassium or other 
minerals soluble in water, all wells, shafts, prospecting holes and 
other openings shall be adequately protected with cement or other 
suitable materials against the coursing or entrance of water. The 
operator/lessee shall, when ordered by the authorized officer, backfill 
with rock or other suitable material to protect the roof from breakage 
when there is a danger of the entrance of water.
    (b) On leased, license or permit lands containing brines, due 
precaution shall be exercised to prevent the deposit from becoming 
diluted or contaminated by the mixture of water or valueless solution.
    (c) Where minerals are taken from the earth in solution, such 
extraction shall not be within 500 feet of the boundary line of lands 
contained in the approved mine plan without the written permission of 
the authorized officer.
    (d) Any agreement necessary for allocation of brine production shall 
be made a part of the mine plan.



             Subpart 3959--Protection Against Mining Hazards



Sec. 3595.1  Surface openings.

    (a) The operator/lessee shall substantially fill in, fence, protect 
or close all surface openings, subsidence holes, surface excavations or 
workings which are a hazard to people or animals. Such protective 
measures shall be maintained in a secure condition during the term of 
the lease, license or permit. Before abandonment of operations, all 
openings, including water discharge points, shall be closed to the 
satisfaction of the authorized officer.
    (b) Reclamation or protection of surface areas no longer needed for 
operations will commence without delay. The authorized officer shall 
designate such areas where restoration or protective measures, or both 
shall be taken.
    (c) Wells utilized for operations involving solution mining or brine 
extraction shall be abandoned in accordance with the approved mine plan.



Sec. 3595.2  Abandonment of underground workings.

    No underground workings or part thereof shall be permanently 
abandoned and rendered inaccessible without the advance, written 
approval of the authorized officer.



               Subpart 3596--Waste From Mining or Milling



Sec. 3596.1  Milling.

    The operator/lessee shall conduct milling operations in accordance 
with the established requirements. The operator/lessee shall use due 
diligence in the reduction, concentration or separation of mineral 
substances by mechanical or chemical processes or other means so that 
the percentage of salts, concentrates, or other mineral substances 
recovered and waste generated shall be in accordance with the approved 
practices.

[[Page 739]]



Sec. 3596.2  Disposal of waste.

    The operator/lessee shall dispose of all wastes resulting from the 
mining, reduction, concentration or separation of mineral substances in 
accordance with the terms of the lease, approved mining plan, applicable 
Federal, State and local law and regulations and the directions of the 
authorized officer.



                    Subpart 3597--Production Records



Sec. 3597.1  Books of account.

    (a) Operators/lessees shall maintain records which show a correct 
account of all ore and rock mined, of all ore put through the processing 
plant, of all mineral products produced and of all ore and mineral 
products sold. The records shall show all relevant quality analyses of 
ore minded, processed or sold and the percentage of the mineral products 
recovered or lost.
    (b) Production records shall be made available for examination by 
the authorized officer during regular business hours. For the purpose of 
production verification, the authorized office may request, and the 
operator/lessee shall submit a copy of any portion of the production 
records not submitted to the Minerals Management Service as part of the 
operator's/lessee's production reporting.



Sec. 3597.2  Audits.

    (a) An audit of the operator's/lessee's accounts and books may be 
made or directed by the Minerals Management Service in accordance with 
the provisions of Title 30 of the Code of Federal Regulations.
    (b) An audit of the operator's/lessee's accounts and production 
records by the service may be requested by the authorized officer if, 
during the process of verification of production, it is determined that 
an irregularity exists between reported production and production 
calculated by the authorized officer. Such audits shall be requested 
when the irregularity cannot be resolved between the operator/lessee and 
the authorized officer.



                Subpart 3598--Inspection and Enforcement



Sec. 3598.1  Inspection of underground and surface conditions; surveying, estimating and study.

    Operators/lessees shall provide means at all reasonable hours, 
either day or night, for the authorized officer to inspect or 
investigate the underground and surface conditions; to conduct surveys; 
to estimate the amount of ore or other methods of prospecting, 
exploration, testing, development, processing and handling; to determine 
the volumes, types, and composition of wastes generated; to determine 
the adequacy of measures for minimizing the amount of such wastes and 
the measures for treatment and disposal of such wastes; to determine 
reclamation procedures and progress; production records; environmental 
concerns; and to determine whether the operator/lessee is in compliance 
with established requirements.



Sec. 3598.2  Issuance of orders.

    Orders and notices issued by the authorized officer shall be mailed 
by certified mail, return receipt requested, to the operator/lessee at 
the address furnished in the exploration or mining plan. The operator/
lessee shall notify the authorized officer of any change of address or 
operator/lessee name.



Sec. 3598.3  Service of notices, instructions and orders.

    The operator/lessee shall be considered to have received all notices 
and orders that are mailed by certified mail and a receipt received by 
the authorized officer. Verbal orders and notices may be given to 
officials at the mine but shall be confirmed in writing in accordance 
with Sec. 3598.2 of this title.



Sec. 3598.4  Enforcement orders.

    (a) If the authorized officer determines that an operator/lessee has 
failed to comply with established requirements, and such noncompliance 
does not threaten immediate, serious or irreparable damage to the 
environment, the mine or deposit being mined, or other valuable mineral 
deposits or other resources, the authorized officer

[[Page 740]]

shall serve a notice of noncompliance upon the operator and lessee by 
delivery in person or by certified mail, return receipt requested. 
Failure of the operator/lessee to take action in accordance with the 
notice of noncompliance shall be grounds for the authorized officer to 
issue an order to cease operations or initiate legal proceedings to 
cancel the lease under Sec. 3509.4 of this title, or, for Indian leases, 
recommend to the Bureau of Indian Affairs that action be taken in 
accordance with 25 CFR part 211.
    (b) A notice of noncompliance shall specify how the operator/lessee 
has failed to comply with established requirements, and shall specify 
the action which shall be taken to correct the noncompliance and the 
time limits within which such action shall be taken. The operator/lessee 
shall notify the authorized officer when noncompliance items have been 
corrected.
    (c) If, in the judgment of the authorized officer, the failure to 
comply with the established requirements threatens immediate, serious or 
irreparable damage to the environment, the mine or the deposit being 
mined, or other valuable mineral deposits or other resources, the 
authorized officer may, either in writing or orally with written 
confirmation, order the cessation of operations without prior notice.



Sec. 3598.5  Appeals.

    Orders or decisions issued under the regulations in this part may be 
appealed as provided in part 4 of this title. Orders issued under 
Sec. 3598.4(c) of this title shall be effective during the pendency of 
any appeal.



          Subpart 3599--Late Payment or Underpayment of Charges



Sec. 3599.1  Late payment or underpayment charges.

    (a) The failure to make timely or proper payments of any monies due 
pursuant to leases, permits, and contracts subject to these regulations 
will result in the collection by the Minerals Management Service (MMS) 
of the amount past due plus a late payment charge. Exceptions to this 
late payment charge may be granted when estimated payments have already 
been made timely and otherwise in accordance with instructions provided 
by MMS to the payor. However, late payment charges assessed with respect 
to any Indian lease, permit, or contract shall be collected and paid to 
the Indian or tribe to which the overdue amount is owed.
    (b) Late payment charges are assessed on any late payment or 
underpayment from the date that the payment was due until the date on 
which the payment is received in the appropriate MMS accounting office. 
Payments received after 4 p.m. local time on the date due will be 
acknowledged as received on the following workday.
    (c) Late payment charges are calculated on the basis of a percentage 
assessment rate. In the absence of a specific lease, permit, license, or 
contract provision prescribing a different rate, this percentage 
assessment rate is prescribed by the Department of the Treasury as the 
``Treasury Current Value of Funds Rate.''
    (d) This rate is available in the Treasury Fiscal Requirements 
Manual Bulletins that are published prior to the first day of each 
calendar quarter for application to overdue payments or underpayments in 
that new calendar quarter. The rate is also published in the Notices 
section of the Federal Register and indexed under ``Fiscal Service/
Notices/Funds Rate; Treasury Current Value.''
    (e) Late payment charges apply to all underpayments and payments 
received after the date due. These charges include rentals; production, 
minimum, or advance royalties; assessments for liquidated damages; 
administrative fees and payments by purchaser of royalty taken-in-kind 
or any other payments, fees, or assessments that a lessee/operator/
permittee/payor/or purchaser of royalty taken-in-kind is required to pay 
by a specified date. The failure to pay past due amounts, including late 
payment charges, will result in the initiation of other enforcement 
proceedings.
[47 FR 22528, May 25, 1982. Redesignated at 48 FR 36588, Aug. 12, 1983. 
Redesignated at 51 FR 15212, Apr. 22, 1986]

[[Page 741]]



                 Group 3600--Mineral Materials Disposal

    Note:  The information collection requirements contained in parts 
3600, 3610 and 3620 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1004-
0103. The information is being collected to allow the authorized officer 
to determine if the applicant is qualified to purchase or have free use 
of mineral materials on the public lands. The obligation to respond is 
required to obtain a benefit.



PART 3600--MINERAL MATERIALS DISPOSAL: GENERAL--Table of Contents




                          Subpart 3600--General

Sec.
3600.0-1  Purpose.
3600.0-3  Authority.
3600.0-4  Policy.
3600.0-5  Definitions.

                        Subpart 3601--Limitations

3601.1  Limitations; disposal of mineral materials.
3601.1-1  Valid existing rights and unpatented mining claims.
3601.1-2  Authorization to use lands subject to material sales contracts 
          and free use permits.
3601.1-3  Environmental protection and planning.

          Subpart 3602--Disposal of Mineral Materials: General

3602.1  Mining and reclamation plans.
3602.1-1  Mining plans.
3602.1-2  Reclamation plans.
3602.1-3  Approval and modification of mining and reclamation plans.
3602.2  Sampling and testing.
3602.3  Removal of improvements.

                     Subpart 3603--Unauthorized Use

3603.1  Unauthorized use.

            Subpart 3604--Community Pits and Common Use Areas

3604.1  Non-exclusive disposal.
3604.2  Reclamation.

    Source:  48 FR 27011, June 10, 1983, unless otherwise noted.



                          Subpart 3600--General



Sec. 3600.0-1  Purpose.

    The regulations in this part establish procedures for the 
exploration, development and disposal of mineral material resources as 
well as the protection of the environment of the public lands under 
permit or contract for sale or free use.



Sec. 3600.0-3  Authority.

    (a) The Act of July 31, 1947, as amended (30 U.S.C. 601 et seq.) 
provides:
    (1) Authority for the disposal of mineral materials including, but 
not limited to, petrified wood and common varieties of sand, stone, 
gravel, pumice, pumicite, cinders and clay, in the public lands of the 
United States, and from lands on which the mineral rights have been 
reserved to the United States, if the disposal of these materials (i) is 
not otherwise expressly authorized by law, including, but not limited to 
the Act of June 28, 1934, as amended (43 U.S.C. 315 et seq.) and the 
United States mining laws, (ii) is not expressly prohibited by the laws 
of the United States, and (iii) would not be detrimental to the public 
interest.
    (2) That where the lands have been withdrawn in aid of a function of 
a Federal department or agency other than the Department of the 
Interior, or of a State, or other local governmental subdivision or 
agency, the Secretary of the Interior may make disposals under the 
regulations in this part only with the consent of such Federal 
department or agency or of such State or local governmental unit;
    (3) That disposal of mineral materials under the Materials Act may 
not be made from any lands in any national park or national monument or 
from any Indian lands or lands set aside or held for the use or benefit 
of Indians including lands over which jurisdiction has been transferred 
to the Department of the Interior by Executive order for the use of 
Indians.
    (4) Authority for the Secretary of the Interior, in his discretion 
to permit the free use of mineral materials by any Federal or State 
government agency,

[[Page 742]]

unit or subdivision, including municipalities, or any nonprofit 
association or corporation. The Materials Act does not permit these 
materials to be used for commercial or industrial purposes, resale or 
barter.
    (b) Section 302 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1732) directs the Secretary:
    (1) To manage public lands under the principles of multiple use and 
sustained yield in accordance with the land use plans developed under 
the Act (see subpart 1601 of this title).
    (2) To regulate, through easements, permits, leases, licenses, 
published rules or other instruments deemed appropriate, the use, 
occupancy and development of public lands.
    (3) To prevent unnecessary and undue degradation of the public 
lands.
    (c) Section 2 of the Act of September 28, 1962 (76 Stat. 652) 
requires the Secretary of the Interior to provide by regulation that 
limited quantities of petrified wood may be removed without charges from 
public lands which he shall specify. Section 2 of the above Act applies 
to the same public lands as the Act of July 31, 1947, as amended (30 
U.S.C. 601, 602). Specifically excluded are lands in any national park, 
or national monument, or any Indian lands.
    (d) Section 304(b) of the Federal Land Policy and Management Act of 
1975 (43 U.S.C. 1734) and the Independent Offices Appropriations Act of 
1952 (31 U.S.C. 483a) provide authorities for the collection of fees and 
the reimbursement of costs by the government.



Sec. 3600.0-4  Policy.

    It is the policy of the Bureau of Land Management to permit the 
disposal of mineral material resources under the Bureau's jurisdiction 
at fair market value while ensuring that adequate measures are taken to 
protect the environment and minimize damage to public health and safety 
during the authorized exploration for and the removal of such minerals. 
No mineral material shall be disposed of if the Secretary determines 
that the aggregate damage to public lands and resources would exceed the 
benefits to be derived from the proposed sale or free use.



Sec. 3600.0-5  Definitions.

    As used in this group, the term:
    (a) Bureau means Bureau of Land Management, Department of the 
Interior.
    (b) Director means the Director of the Bureau of Land Management.
    (c) Permittee means any person, corporation, partnership and 
association, Federal, or State agency, unit, or subdivision, including 
municipalities, and non-profit organization or corporation or other 
entity that has been issued a contract or a free-use permit for the 
removal of mineral materials from the public lands.
    (d) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (e) Mineral material includes, but is not limited to, common 
varieties of sand, stone, gravel, pumice, pumicite, cinders, clay and 
other mineral materials and petrified wood.
    (f) Public lands means any lands and interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management without regard to how the United States 
acquired ownership, except lands held for the benefit of Indians, 
Aleuts, and Eskimos.
    (g) Community pit means a site from which nonexclusive disposals of 
mineral materials can be made. The establishment of a community pit, 
when noted on the appropriate Bureau of Land Management records or 
posted on the ground, constitutes a superior right to remove material as 
against any subsequent claim or entry of the lands.
    (h) Common use area means a generally broad geographic area from 
which nonexclusive disposals of mineral materials can be made, with only 
negligible surface disturbance. The establishment of a common use area 
does not create a superior right to remove material as against any 
subsequent claim or entry of the lands.
    (i) Performance bond means a bond to ensure compliance with the 
terms of the contract and reclamation of the site as required by the 
authorized officer.

[[Page 743]]

    (j) Act means the Material Act of July 31, 1947, as amended, (30 
U.S.C. 601, et seq.).
    (k) Unnecessary or undue degradation means surface disturbance 
greater than what would normally result when an activity is being 
accomplished by a prudent operator in usual, customary, and proficient 
operations of similar character and taking into consideration the 
effects of operations on other resources and land uses, including those 
resources and uses outside the area of operations. Unnecessary and undue 
degradation may involve failure to initiate and complete reasonable 
mitigation measures, including reclamation of disturbed area; creation 
of a nuisance; or failure to comply with applicable environmental 
protection statutes and regulations.



                        Subpart 3601--Limitations



Sec. 3601.1  Limitations; disposal of mineral materials.



Sec. 3601.1-1  Valid existing rights and unpatented mining claims.

    (a) Mineral material disposals may not be made by the authorized 
officer from public lands where:
    (1) There are any unpatented mining claims which have not been 
cancelled by appropriate legal proceeding;
    (2) Expressly prohibited by law.



Sec. 3601.1-2  Authorization to use lands subject to material sales contracts and free use permits.

    (a) The permittee under contract of sale or permit for free use 
shall, unless otherwise provided, have the right to:
    (1) Extract, remove, process and stockpile the material until the 
termination of the contract regardless of any subsequent appropriation 
under the provisions of the general land laws; and
    (2) Use and occupy the described lands if it is determined by the 
authorized officer to be necessary for fulfillment of the contract until 
termination of that contract.
    (b) The permittee shall be subject to the continuing rights of the 
United States to issue leases, permits and licenses for the use and 
occupancy of the lands, provided that this authorized use does not 
endanger or materially interfere with the production or removal of 
materials under contract.
    (c) Any person that has a subsequent settlement, location, lease, 
sale or other appropriation under the general land laws, including the 
mineral leasing and mining law on lands covered by a material sale 
contract or free use permit shall be subject to the existing use 
authorization.



Sec. 3601.1-3  Environmental protection and planning.

    The authorized officer shall not dispose of mineral material under 
this part where he/she determines that the proposed operation will cause 
unnecessary or undue degradation. Upon receipt of an application for 
sale or free use of mineral materials, the authorized officer shall 
complete an environmental review to ensure that unnecessary or undue 
degradation is prevented. Disposal actions which are categorically 
excluded from the NEPA process can be found in the Departmental manual. 
See 516 DM 6, Appendix 5. Decisions to authorize the disposal of mineral 
materials shall conform to approved land use plans, when available, in 
accordance with Sec. 1610.5-3 of this title.



          Subpart 3602--Disposal of Mineral Materials: General



Sec. 3602.1  Mining and reclamation plans.

    The authorized officer may require the applicant to submit mining 
and reclamation plans prior to environmental review or issuance of a 
contract or permit. The mining plan and reclamation plan may be combined 
into one document.



Sec. 3602.1-1  Mining plans.

    The applicant, when required by the authorized officer, shall 
prepare a mining plan that includes, but is not limited to:
    (a) A map, sketch or aerial photograph showing the area applied for, 
the area to be disturbed, existing and proposed access and the names and 
locations of major topographic and known cultural features;
    (b) A description of the proposed methods of operation and the 
periods

[[Page 744]]

during which the proposed activities will take place;
    (c) A description of measures to be taken to prevent hazards to 
public health and safety and to prevent unnecessary and undue 
degradation.



Sec. 3602.1-2  Reclamation plans.

    The applicant, when required by the authorized officer, shall submit 
a reclamation plan that includes, but is not limited to:
    (a) A statement of the proposed manner and time for completion of 
the reclamation of the areas disturbed by the permittee's operations;
    (b) A map or sketch which delineates the location and area to be 
reclaimed.



Sec. 3602.1-3  Approval and modification of mining and reclamation plans.

    (a) Upon review of the mining and reclamation plans, the authorized 
officer shall promply notify the applicant of any deficiencies in the 
plan and of changes needed to prevent undue and unnecessary degradation 
of the lands, and hazards to public health and safety. Necessary changes 
shall be made as agreed by the authorized officer and the applicant.
    (b) The permittee's operation shall not deviate from the plan 
approved by the authorized officer.
    (c) An approved mining or reclamation plan may be modified by mutual 
agreement of the authorized officer and permittee at any time to adjust 
to changed conditions, or correct any oversight potentially resulting in 
undue or unnecessary degradation. Any change shall be consistent with 
the requirements under Sec. 3601.1-3 of this title.
    (d) The authorized officer shall review the proposed plan 
modification and within 30 days notify the permittee of its approval or 
needed changes.



Sec. 3602.2  Sampling and testing.

    (a) Sampling and testing of mineral materials may be done pursuant 
to a letter of authorization issued by the authorized officer. These 
activities may be authorized prior to issuance of a sales contract or 
free use permit. The permittee shall submit his findings to the 
authorized officer. Information and data submitted and specifically 
identified by the permittee as containing trade secrets or confidential 
or privileged commercial or financial information shall not be available 
for public examination in accordance with the provisions of the Freedom 
of Information Act. A determination concerning information which may be 
withheld from public examination shall be made in accordance with the 
rules in 43 CFR part 2.
    (b) A letter of authorization to sample and test mineral materials 
does not give the applicant a preference right to a sales contract or 
free use permit.
    (c) The authorized officer may impose bonding and reclamation 
requirements on sampling and testing activities conducted pursuant to a 
letter of authorization.



Sec. 3602.3  Removal of improvements.

    After the permit period expires, the authorized officer may grant 
the permittee no more than 90 days, excluding periods of inclement 
weather, to remove the equipment, personal property and any other 
improvements placed on the public lands by the permittee. Improvements 
such as roads, culverts and bridges may remain in place with the consent 
of the authorized officer. If the permittee fails to remove such 
equipment, personal property or any other improvements, they shall 
become the property of the United States but the permittee shall remain 
liable for the cost of removal of such equipment, personal property and 
any other improvements and for restoration of the site.



                     Subpart 3603--Unauthorized Use



Sec. 3603.1  Unauthorized use.

    Except when authorized by sale or permit under law and the 
regulations of the Department of the Interior, the extraction, severance 
or removal of mineral materials from public lands under the jurisdiction 
of the Department of the Interior is unauthorized use. Unauthorized 
users shall be liable for damages to the United States, and shall be 
subject to prosecution for such unlawful acts (see subpart 9239 of this 
title).

[[Page 745]]



            Subpart 3604--Community Pits and Common Use Areas



Sec. 3604.1  Non-exclusive disposal.

    (a) Non-exclusive mineral material sales and free use under permit 
may be made from the same deposit within areas designated by the 
authorized officer, and consistent with other provisions under this 
part. These designated community pit sites or common use areas are not 
limited in size.
    (b) The designation of a community pit site constitutes a superior 
right to remove the material as against any subsequent claim or entry of 
the lands.
    (c) The designation of a common use area does not establish a 
superior right to remove the material as against any subsequent claim or 
entry of the land; however, a person authorized by permit or sale to 
remove mineral materials from a common use area has a superior right to 
remove the material as against any subsequent claim or entry on the 
lands.
    (d) Sales from community pit sites or common use areas shall be made 
at fair market value. No mining or reclamation plan shall be required, 
but the permittee shall comply with the terms of the contract or permit 
to protect health and safety and prevent undue or unnecessary 
degradation of the public lands.



Sec. 3604.2  Reclamation.

    (a) Permits or contracts for the extraction of mineral materials 
from community pits or common use areas shall not require reclamation 
but shall require payment of costs of reclamation, as provided in 
paragraph (b) of this section. However, the authorized officer may allow 
qualified permittees to perform interim or final reclamation, where 
needed, in lieu of paying reclamation charges.
    (b) The reimbursement cost of reclamation shall be a proportionate 
share of the total estimated cost of reclamation, determined by using a 
ratio of the material extracted under the permit or contract to the 
total estimated volume of the material to be extracted from the site.



PART 3610--SALES--Table of Contents




                  Subpart 3610--Mineral Material Sales

Sec.
3610.1  Procedures: General.
3610.1-1  Request for sale.
3610.1-2  Appraisal, reappraisal and measurements.
3610.1-3  Payments and termination by agreement.
3610.1-4  Refunds or credits.
3610.1-5  Performance and reclamation bonds.
3610.1-6  Assignments.
3610.1-7  Extension of time.
3610.2  Noncompetitive sales.
3610.2-1  Limitations in volume.
3610.2-2  Government programs.
3610.2-3  Federal mineral leases.
3610.2-4  Term of contract.
3610.3  Competitive sales.
3610.3-1  General.
3610.3-2  Advertising.
3610.3-3  Conduct of sales.
3610.3-4  Bid deposits.
3610.3-5  Contracts.
3610.3-6  Term of contract.

    Authority:  Minerals Management Act of July 31, 1947, as amended (30 
U.S.C. 601, 602).

    Source:  48 FR 27013, June 10, 1983, unless otherwise noted.



                  Subpart 3610--Mineral Material Sales



Sec. 3610.1  Procedures: General.



Sec. 3610.1-1  Request for sale.

    Under the provisions of this part, the authorized officer may sell 
mineral materials upon receipt of a written request by any person who 
expresses an interest in mineral materials; or his own initiative.



Sec. 3610.1-2  Appraisal, reappraisal and measurements.

    (a) No mineral materials shall be sold at less than fair market 
value as determined by appraisal.
    (b) The authorized officer shall reappraise mineral materials 
disposed of under this part at intervals of not less than 2 years and 
shall adjust the contract unit price accordingly.
    (c) Mineral materials may be measured by in-place volume or weight 
equivalent.

[[Page 746]]



Sec. 3610.1-3  Payments and termination by agreement.

    (a) Under a contract of sale for mineral materials, the permittee:
    (1) Shall not remove mineral materials until advance payment is 
made;
    (2) Shall for contract sales of $2,000 or less, pay the full amount 
at execution of the contract;
    (3) May, when the sale exceeds $2,000, make installment payments of 
not less that $500 or 10 percent of the total purchase price, whichever 
is greater and shall: (i) For non-competitive sales, pay the first 
installment prior to or at the time the contract is awarded; (ii) for 
competitive sales, pay the first installment as a deposit at the time 
the bid is submitted, and (iii) pay each subsequent installment for non-
competitive and competitive sales in an amount equal to the value of the 
mineral material removed prior to removal of the material;
    (4) Shall pay the total amount of the purchase price no later than 
60 days before the expiration date of the contract;
    (5) Shall annually produce an amount sufficient to pay to the United 
States a sum of money equal to the first installment, or in lieu of such 
production, shall make an annual payment in the amount of the first 
installment. Annual payments shall be due on or before the anniversary 
date of the execution of the contract;
    (6) Shall forfeit all monies paid when the required payments under 
the terms and conditions of the contract are not met. Failure to comply 
with the terms and conditions for payment shall constitute a breach of 
contract and the authorized officer may terminate the contract;
    (7) Shall be required to make an annual report of production under 
the contract and to provide written verification of the amount of 
mineral materials removed upon request by the authorized officer to 
allow verification of payments.
    (b) The permittee and the authorized officer may, by agreement, 
terminate the contract of sale at any time.



Sec. 3610.1-4  Refunds or credits.

    (a) Refunds or credits may be made to the permittee:
    (1) If upon expiration total payments made exceed the total value of 
mineral materials covered by the contract;
    (2) If it is determined by the authorized officer that insufficient 
mineral materials existed in the sales area to fulfill the terms of the 
contract; or
    (3) If materials paid for are unavailable as a result of termination 
of a contract, as provided in Sec. 3610.1-3(b) of this title.
    (b) Refunds of credits may not be made where the total payment made 
by a permittee does not exceed the administrative cost of processing the 
disposal action.
    (c) Payments made in lieu of production, as provided in Sec. 3610.1-
3(a)(5), may be credited to future production, but not refunded, unless 
upon expiration, the total value of payments made exceeds the total 
value of mineral materials covered by the contract. Payments made in 
lieu of production prior to termination or relinquishment of contract 
will not be refunded.



Sec. 3610.1-5  Performance and reclamation bonds.

    (a) The authorized officer shall require a performance bond of not 
less than $500 or 20 percent of the total contract value, whichever is 
greater, for contracts of $2,000 or more, except for contract sales or 
permits made from community pits when a reclamation fee is paid by the 
permittee.
    (b) The authorized officer may require a reclamation or performance 
bond for contract sales of less than $2,000, but in no event shall the 
bond be for more than 20 percent of the total contract value.
    (c) A performance and reclamation bond may be a:
    (1) Bond of a corporate surety shown on the approved list issued by 
the U.S. Treasury Department;
    (2) Cash bond, with a power of attorney to the Secretary to convert 
such cash upon default in the performance of the terms and conditions of 
the contract or permit; or
    (3) Negotiable Treasury bond of the United States of a par value 
equal to the amount of required bond, together with a power of attorney 
to the Secretary to sell such securities upon default.

[[Page 747]]



Sec. 3610.1-6  Assignments.

    (a) The permittee may not assign the contract, permit or any 
interest therein without the written approval of the authorized officer. 
The authorized officer shall ensure that all terms and conditions agreed 
upon are contained in the assignment and are assumed by the assignee.
    (b) The authorized officer shall not approve any proposed 
assignments involving contract performances unless the assignee 
furnishes a performance bond as required by Sec. 3610.1-5 of this title 
or obtains a written commitment from the previous surety to be bound by 
the assignment when approved.
    (c) Upon approval of an assignment by the authorized officer, the 
assignee shall be entitled to all the rights and be subject to all the 
obligations under the contract, and the permittee shall be released from 
any further liability under the contract.



Sec. 3610.1-7  Extension of time.

    The authorized officer may grant a one-time extension not to exceed 
1 year, if the permittee:
    (a) Submits a written request that is received by the authorized 
officer no later than 30 days or earlier than 90 days prior to the 
expiration date of the contract; and
    (b) Shows, in writing that the delay in removal of the mineral 
materials was due to causes beyond the control of and without fault or 
negligence of the permittee.



Sec. 3610.2  Noncompetitive sales.



Sec. 3610.2-1  Limitations in volume.

    (a) When it is determined to be in the public interest, and where it 
is impracticable to obtain competition, the authorized officer may sell 
at not less than fair market value, without advertising or calling for 
bids, mineral materials not to exceed 100,000 cubic yards (or weight 
equivalent) in any individual sale.
    (b) The authorized officer shall not approve noncompetitive sales 
that exceed the total aggregate of 200,000 cubic yards (or weight 
equivalent) made in any one State for the benefit of any one individual, 
partnership, corporation or entity in any period of twelve consecutive 
calendar months.
    (c) The volume limitations in paragraphs (a) and (b) of this section 
shall not apply to sales in the State of Alaska of mineral materials 
which the authorized officer determines are needed for construction, 
operation, maintenance or termination of the Trans-Alaska Pipelines 
System or the Alaska Natural Gas Transportation System.
    (d) The volume limitations contained in paragraphs (a) and (b) of 
this section shall not apply where the Director determines that 
circumstances make it impossible to obtain competition or where, because 
of an emergency situation affecting public property, health and safety, 
there is insufficient time to invite competitive bids.
[48 FR 27013, June 10, 1983, as amended at 51 FR 22079, June 18, 1986]



Sec. 3610.2-2  Government programs.

    The authorized officer may sell mineral materials not exceeding 
200,000 cubic yards (or weight equivalent) at not less than fair market 
value without advertising or calling for bids when:
    (a) The authorized officer determines the sale to be in the public 
interest; and
    (b) The materials are to be used in connection with a public works 
improvement program that requires urgent attention on behalf of a 
Federal, State or local govermental agency and that does not permit time 
required for advertising.



Sec. 3610.2-3  Federal mineral leases.

    Where the materials are to be used in connection with the 
development of public lands under a mineral lease issued by the United 
States, the authorized officer may without calling for competitive bids, 
sell a volume of mineral materials not to exceed 200,000 cubic yards (or 
weight equivalent) to any one permittee in one State in any calendar 
year. No charge shall be made for mineral materials necessarily moved in 
the process of extracting minerals under Federal lease, as long as the 
materials remain within the boundaries of the lease and are used for 
lease development.

[[Page 748]]



Sec. 3610.2-4  Term of contract.

    The term for noncompetitive contracts for the sale of mineral 
materials shall not exceed 5 years, excluding extension and removal 
periods.



Sec. 3610.3  Competitive sales.



Sec. 3610.3-1  General.

    (a) The authorized officer shall make sales, except those specified 
in subpart 3604 and Sec. 3610.2 of this title, only after inviting 
competitive bids through publication and posting in conformance with 
Sec. 3610.3 of this title.
    (b) The authorized officer shall not hold sales sooner than 1 week 
after the last advertisement inviting competitive bids.



Sec. 3610.3-2  Advertising.

    (a) When offering mineral materials for sale by competitive bidding, 
the authorized officer:
    (1) Shall advertise the sale through publication in a newspaper of 
general circulation in the area where the material is located, on the 
same day once a week for two consecutive weeks;
    (2) May extend the period of a time for advertising; and
    (3) Shall post a notice of sale in a conspicuous place in the office 
where bids are to be submitted.
    (b) In the advertisement of sale, the authorized officer shall 
state:
    (1) The location by legal description of the tract or tracts on 
which the material is being offered;
    (2) The kind of materials being offered;
    (3) The estimated quantities of materials being offered;
    (4) The unit of measurement;
    (5) The appraised prices;
    (6) The time and place for receiving and opening of bids;
    (7) The minimum deposit require;
    (8) The access requirement;
    (9) The method of bidding;
    (10) The requirement that mining and reclamation plans shall be 
filed and that reclamation will be required if applicable;
    (11) The bonding requirement;
    (12) The location for inspection of contract terms and proposed 
stipulations;
    (13) The office where additional information may be obtained; and
    (14) Any additional information deemed necessary.



Sec. 3610.3-3  Conduct of sales.

    (a) Bidding at competitive sales shall be by the submission of 
written sealed bids, oral bids or a combination of both, as directed by 
the authorized officer. In the event of a tie in high sealed bids, the 
highest bid shall be determined by oral auction among the persons making 
high bids. If no oral bid is made which is higher than the sealed bids, 
the successful bidder shall then be determined by lot. In oral auctions, 
immediately after the high bid is announced, the person offering the 
high bid shall confirm that bid in writing.
    (b) When it is in the interest of the Government to do so, the 
authorized officer may reject any or all bids and may waive minor 
deficiencies in the bids.



Sec. 3610.3-4  Bid deposits.

    A person making a bid to purchase mineral materials shall submit a 
deposit in advance of the sale.
    (a) Sealed bids shall be accompanied by a deposit. At oral auctions, 
persons making bids shall make the deposit prior to opening of the 
bidding. The amount of the deposit shall be $500 or 10 percent of the 
appraised value as specified in the sale advertisement, whichever is 
greater.
    (b) Deposits may be in the form of cash, money orders, bank drafts, 
or cashier's or certified checks made payable to the Bureau of Land 
Management.
    (c) The bid deposits of all persons making bids, except that of the 
successful bidder, shall be returned upon conclusion of the bidding.
    (d) The deposit of the person making the successful bid shall be 
applied to the purchase price at the time the contract is signed by the 
authorized officer.



Sec. 3610.3-5  Contracts.

    (a) The authorized officer may require the person making the high 
bid to furnish information that is necessary to determine his ability to 
fulfill the obligations of the contract. The

[[Page 749]]

contract shall be awarded by the authorized officer to the person making 
the highest bid, unless he is unwilling to accept the terms of the 
contract or unless all bids are rejected.
    (b) Within 30 days after receipt of the contract, the person making 
the successful bid shall sign and return the contract, together with any 
required performance bond and mining and reclamation plan when 
applicable. The authorized officer may extend this period an additional 
30 days upon written request of the applicant, within the first 30-day 
period. If the person making the successful bid fails to comply within 
the first 30-day period, or an approved 30-day extension, the successful 
bidder shall forfeit the bid deposit as liquidated damages. The 
authorized officer may offer and award the contract for the amount of 
the high bid to the person making the next highest bid who is qualified 
and willing to accept the contract, upon the redeposit of the amount 
required under Sec. 3610.3-4(a).
    (c) The authorized officer shall make all sales on contract forms 
approved by the Director. The authorized officer may include in the 
contract such additional provisions as are deemed necessary to protect 
other resource values or prevent unnecessary and undue degradation of 
the public lands.



Sec. 3610.3-6  Term of contract.

    The term for competitive contracts of sale for mineral materials 
shall not exceed 10 years, excluding extension or removal periods.



PART 3620--FREE USE--Table of Contents




                     Subpart 3621--Free Use: General

Sec.
3621.1  Permits: General.
3621.1-1  Applications.
3621.1-2  Terms.
3621.1-3  Assignment.
3621.1-4  Conditions.
3621.1-5  Removal of materials by agent.
3621.1-6  Bond.
3621.1-7  Cancellation.
3621.2  Permits to governmental units and non-profit organizations.

                Subpart 3622--Free Use of Petrified Wood

3622.1  Program: General.
3622.2  Procedures; permits.
3622.3  Designation of areas.
3622.4  Collection rules.

    Authority:  Minerals Management Act of July 31, 1947, as amended (30 
U.S.C. 601, 602).

    Source:  48 FR 27015, June 10, 1983, unless otherwise noted.



                     Subpart 3621--Free Use: General



Sec. 3621.1  Permits: general.



Sec. 3621.1-1  Applications.

    An application for a free use permit shall be filed with the 
authorized officer on forms approved by the Director.



Sec. 3621.1-2  Terms.

    The authorized officer may grant free use permits to any Federal, or 
State agency, unit or subdivision, including municipalities, for periods 
deemed appropriate, not to exceed 10 years. The authorized officer may 
issue free use permits not to exceed 1 year in duration to non-profit 
organizations, and may extend any free use permit for a single 
additional period not to exceed 1 year.



Sec. 3621.1-3  Assignment.

    A free use permit may be assigned or transferred to persons or other 
entities listed in Sec. 3621.1-2 of this title qualified to hold a free 
use permit with the written approval of the authorized officer.



Sec. 3621.1-4  Conditions.

    (a) The authorized officer shall incorporate the provisions 
governing the selection, removal and use of the mineral materials in the 
free use permit.
    (b) The authorized officer shall not issue a free use permit upon 
determination that the applicant owns or controls an adequate supply of 
suitable mineral materials that are readily available and can be mined 
in a manner which is economically and environmentally acceptable.
    (c) Mineral materials obtained under a free use permit shall not be 
bartered or sold.
    (d) The permittee shall not remove the mineral materials before a 
permit is issued or after a permit has expired.

[[Page 750]]



Sec. 3621.1-5  Removal of materials by agent.

    A free use permittee may allow an agent to extract the mineral 
materials. This agent shall not charge the permittee for the materials 
extracted, processed or removed, or receive mineral materials from the 
permit area as payment for services rendered, or as a donation or gift.



Sec. 3621.1-6  Bond.

    The authorized officer may require a bond as a guarantee of faithful 
performance of the provisions of the permit and applicable regulations.



Sec. 3621.1-7  Cancellation.

    The authorized officer may cancel a permit if the permittee fails, 
after adequate notice, to observe the terms and conditions of the 
permit.



Sec. 3621.2  Permits to governmental units and non-profit organizations.

    (a) The authorized officer may issue a free use permit to any 
Federal or State agency, unit or subdivision, including municipalities, 
without limitation as to the number of permits or as to the value of the 
mineral materials to be extracted or removed, provided the applicant 
makes a satisfactory showing to the authorized officer that these 
materials will be used for a public project.
    (b) The authorized officer may issue a free use permit to a non-
profit organization or corporation for not more than 5,000 cubic yards 
(or weight equivalent) in any period of twelve consecutive months.
    (c) Permits issued under this subpart shall constitute a superior 
right to remove the materials and shall continue in full force and 
effect, in accordance with its terms and provisions, as against any 
subsequent claim to or entry of the lands.



                Subpart 3622--Free Use of Petrified Wood



Sec. 3622.1  Program: General.

    (a) Persons may collect limited quantities of petrified wood for 
noncommercial purposes under terms and conditions consistent with the 
preservation of significant deposits as a public recreational resource.
    (b) The purchase of petrified wood for commercial purposes is 
provided for in Sec. 3610.1 of this title.



Sec. 3622.2  Procedures; permits.

    No application or permit for free use is required except for 
specimens over 250 pounds in weight. The authorized officer may issue 
permits, using the procedures of subpart 3621 of this title, for the 
removal of such specimens if the applicant certifies that they will be 
displayed to the public in a museum or similar institution.



Sec. 3622.3  Designation of areas.

    (a) All public lands administered by the Bureau of Land Management 
and the Bureau of Reclamation are open to or available for free use 
removal of petrified wood unless otherwise provided for by notice in the 
Federal Register. Free use areas under the jurisdiction of said Bureaus 
may be modified or cancelled by notices published in the Federal 
Register.
    (b) The heads of other Bureaus in the Department of the Interior may 
publish in the Federal Register designations, modifications or 
cancellations of free use areas for petrified wood on lands under their 
jurisdiction.
    (c) The Secretary of the Interior may designate, modify or cancel 
free use areas for petrified wood on public lands which are under the 
jurisdiction of other Federal departments or agencies, other than the 
Department of Agriculture, with the consent of the head of other Federal 
departments or agencies concerned, upon publication of notice in the 
Federal Register.



Sec. 3622.4  Collection rules.

    (a) General. The authorized officer shall control the removal 
without charge of petrified wood from public lands using the following 
criteria:
    (1) The maximum quantity of petrified wood that any one person is 
allowed to remove without charge per day is 25 pounds in weight plus one 
piece, provided that the maximum total amount that one person may remove 
in one calendar year shall not exceed 250 pounds. Pooling of quotas to

[[Page 751]]

obtain pieces larger than 250 pounds is not allowed.
    (2) Except for holders of permits issued under subpart 3621 of this 
title to remove museum pieces, no person shall use explosives, power 
equipment, including, but not limited to, tractors, bulldozers, plows, 
power-shovels, semi-trailers or other heavy equipment for the excavation 
or removal of petrified wood.
    (3) Petrified wood obtained under this section shall be for personal 
use and shall not be sold or bartered to commercial dealers.
    (4) The collection of petrified wood shall be accomplished in a 
manner that prevents unnecessary and undue degradation of lands.
    (b) Additional rules. The head of the agency having jurisdiction 
over a free use area may establish and publish additional rules for 
collecting petrified wood for noncommercial purposes to supplement those 
included in Sec. 3622.4(a) of this title.



                    Group 3700--Multiple Use; Mining

    Note: The information collection requirements contained in part 3730 
of Group 3700 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance number 1004-0110. The 
information is being collected to permit the authorized officer to 
determine whether an applicant is qualified to hold a lease for the 
exploration, development and utilization of minerals on all public lands 
withdrawn for power development. The information will be used to make 
this determination. A response is required to obtain a benefit.

(See 48 FR 40890, Sept. 12, 1983)



PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955

       Subpart 3710--Public Law 167; Act of July 23, 1955: General

Sec.
3710.0-3  Authority.

                     Subpart 3711--Common Varieties

3711.1  Provisions of act.

                 Subpart 3712--Proceedings Under the Act

3712.1  Restriction on use of unpatented mining claims.
3712.2  Publication of notice.
3712.2-1  Request for publication of notice to mining claimant.
3712.2-2  Evidence necessary to support a request for publication.
3712.2-3  Contents of published notice.
3712.2-4  Publication.
3712.2-5  Proof of publication.
3712.2-6  Service of notice.
3712.2-7  Service of copies; failure to comply.
3712.3  Failure of claimant to file verified statement.

                         Subpart 3713--Hearings

3713.1  Hearing procedures.
3713.2  Hearing: Time and place.
3713.3  Stipulation between parties.
3713.4  Effect of decision affirming a mining claimant's rights.

                Subpart 3714--Rights of Mining Claimants

3714.1  Recording by mining claimant of request for copy of notice.
3714.2  Waiver of rights by mining claimants.
3714.3  Protection of existing rights; exclusion of reservation in 
          patents.

          Subpart 3715--Use and Occupancy Under the Mining Laws

3715.0-1  What are the purpose and the scope of this subpart?
3715.0-3  What are the legal authorities for this subpart?
3715.0-5  How are certain terms in this subpart defined?
3715.0-9  Information collection.
3715.1  Do the regulations in this subpart apply to my use or occupancy?
3715.2  What activities do I have to be engaged in to allow me to occupy 
          the public lands?
3715.2-1  What additional characteristic(s) must my occupancy have?
3715.2-2  How do I justify occupancy by a caretaker or watchman?
3715.2-3  Under what circumstances will BLM allow me to temporarily 
          occupy a site for more than 14 days?
3715.3  Must I consult with BLM before occupancy?
3715.3-1  At what point may I begin occupancy?
3715.3-2  What information must I provide to BLM about my proposed 
          occupancy?
3715.3-3  How does BLM process the information I submit about my 
          proposed occupancy?
3715.3-4  How will BLM notify me of the outcome of its review process?
3715.3-5  What will BLM's notification include?
3715.3-6  May I begin occupancy if I have not received concurrence from 
          BLM?
3715.4  What if I have an existing use or occupancy?

[[Page 752]]

3715.4-1  What happens after I give BLM written notification of my 
          existing occupancy?
3715.4-2  What if I do not notify BLM of my existing occupancy?
3715.4-3  What if BLM does not concur in my existing use or occupancy?
3715.4-4  What if there is a dispute over the fee simple title to the 
          lands on which my existing occupancy is located?
3715.5  What standards apply to my use or occupancy?
3715.5-1  What standards apply to ending my use or occupancy?
3715.5-2  What happens to property I leave behind?
3715.6  What things does BLM prohibit under this subpart?
3715.7  How will BLM inspect my occupancy and enforce this subpart?
3517.7-1  What types of enforcement action can BLM take if I do not meet 
          the requirements of this subpart?
3715.7-2  What happens if I do not comply with a BLM order?
3715.8  What penalties are available to BLM for violations of this 
          subpart?
3715.8-1  What happens if I make false statements to BLM?
3715.9  What appeal rights do I have?
3715.9-1  Does an appeal to IBLA suspend a BLM decision?

       Subpart 3710--Public Law 167; Act of July 23, 1955: General

Sec. 3710.0-3  Authority.

    The Act of July 23, 1955 (69 Stat. 367, 30 U.S.C. sec. 601), was 
enacted ``to amend the Act of July 31, 1947 (61 Stat. 681) and the 
mining laws to provide for multiple use of the surface of the same 
tracts of the public lands, and for other purposes.'' The regulations in 
this part are intended to implement only sections 3 to 7, inclusive, of 
said Act hereinafter more fully identified. The word ``Act'' when used 
in this subpart refers to the Act of July 23, 1955. Sections 1 and 2 
thereof relate specifically to the Materials Act of July 31, 1947.
[35 FR 9731, June 13, 1970]

                     Subpart 3711--Common Varieties

Sec. 3711.1  Provisions of act.

    (a) The Act in section 3 provides: A deposit of common varieties of 
sand, stone, gravel, pumice, pumicite or cinders shall not be deemed a 
valuable mineral deposit within the meaning of the mining laws of the 
United States so as to give effective validity to any mining claim 
hereafter located under such mining laws: Provided, however, That 
nothing herein shall affect the validity of any mining location based 
upon discovery of some other mineral occurring in or in association with 
such a deposit. ``Common varieties'' as used in this act does not 
include deposits of such materials which are valuable because the 
deposit has some property giving it distinct and special value and does 
not include so-called ``block pumice'' which occurs in nature in pieces 
having one dimension of two inches or more.
    (b) ``Common varieties'' includes deposits which, although they may 
have value for use in trade, manufacture, the sciences, or in the 
mechanical or ornamental arts, do not possess a distinct, special 
economic value for such use over and above the normal uses of the 
general run of such deposits. Mineral materials which occur commonly 
shall not be deemed to be ``common varieties'' if a particular deposit 
has distinct and special properties making it commercially valuable for 
use in a manufacturing, industrial, or processing operation. In the 
determination of commercial value, such factors may be considered as 
quality and quantity of the deposit, geographical location, proximity to 
market or point of utilization, accessibility to transportation, 
requirements for reasonable reserves consistent with usual industry 
practices to serve existing or proposed manufacturing, industrial, or 
processing facilities, and feasible methods for mining and removal of 
the material. Limestone suitable for use in the production of cement, 
metallurgical or chemical grade limestone, gypsum, and the like are not 
``common varieties.'' This subsection does not relieve a claimant from 
any requirements of the mining laws.
[35 FR 9731, June 13, 1970]

                 Subpart 3712--Proceedings Under the Act

    Source:  35 FR 9732, June, 13, 1970, unless otherwise noted.

[[Page 753]]

Sec. 3712.1  Restriction on use of unpatented mining claims.

    (a) The Act in section 4 provides:

    Any mining claim hereafter located under the mining laws of the 
United States shall not be used, prior to issuance of patent therefor, 
for any purposes other than prospecting, mining or processing operations 
and uses reasonably incident thereto.
    Rights under any mining claim hereafter located under the mining 
laws of the United States shall be subject, prior to issuance of patent 
therefor, to the right of the United States to manage and dispose of the 
vegetative surface resources thereof and to manage other surface 
resources thereof (except mineral deposits subject to location under the 
mining laws of the United States). Any such mining claim shall also be 
subject, prior to issuance of patent therefor, to the right of the 
United States, its permittees, and licensees, to use so much of the 
surface thereof as may be necessary for such purposes or for access to 
adjacent land: Provided, however, That any use of the surface of any 
such mining claim by the United States, its permittees or licensees, 
shall be such as not to endanger or materially interfere with 
prospecting, mining or processing operations or uses reasonably incident 
thereto: Provided, further, That if at any time the locator requires 
more timber for his mining operations than is available to him from the 
claim after disposition of timber therefrom by the United States, 
subsequent to the location of the claim, he shall be entitled, free of 
charge, to be supplied with timber for such requirements from the 
nearest timber administered by the disposing agency which is ready for 
harvesting under the rules and regulations of that agency and which is 
substantially equivalent in kind and quantity to the timber estimated by 
the disposing agency to have been disposed of from the claim: Provided, 
further, That nothing in this act shall be construed as affecting or 
intended to affect or in any way interfere with or modify the laws of 
the States which lie wholly or in part westward of the ninety-eighth 
meridian relating to the ownership, control, appropriation, use, and 
distribution of ground or surface waters within any unpatented mining 
claim.
    Except to the extent required for the mining claimant's prospecting, 
mining or processing operations and uses reasonably incident thereto, or 
for the construction of buildings or structures in connection therewith, 
or to provide clearance for such operations or uses, or to the extent 
authorized by the United States, no claimant of any mining claim 
hereafter located under the mining laws of the United States shall, 
prior to issuance of patent therefor, sever, remove, or use any 
vegetative or other surface resources thereof which are subject to 
management or disposition by the United States under the preceding 
subsection (b). Any severance or removal of timber which is permitted 
under the exceptions of the preceding sentence, other than severance or 
removal to provide clearance, shall be in accordance with sound 
principles of forest management.

    (b) The locator of an unpatented mining claim subject to the Act is 
limited in his use of the claim to those uses specified in the act, 
namely prospecting, mining, or processing operations and uses reasonably 
incident thereto. He is forbidden to use it for any other purpose such, 
for example, as for filling stations, curio shops, cafes, tourist, or 
fishing and hunting camps. Except as such interference may result from 
uses permitted under the act, the locator of an unpatented mining claim 
subject to the act may not interfere with the right of the United States 
to manage the vegetative and other surface resources of the land, or use 
it so as to block access to or egress from adjacent public land, or use 
Federal timber for purposes other than those permitted under the act, or 
block access to water needed in grazing use of the national forests or 
other public lands, or block access to recreational areas, or prevent 
agents of the Federal Government from crossing the locator's claim in 
order to reach adjacent land for purposes of managing wild-game habitat 
or improving fishing streams so as to thwart the public harvest and 
proper management of fish and game resources on the public lands 
generally, both on located and on adjacent lands.
    (c) Mining claims located prior to the date of the act will be 
subject to the Act where determination has been made pursuant to section 
5 of the Act, that the locator's surface rights are limited as provided 
in section 4 of the Act, or where the owners have waived and 
relinquished all rights under section 6 of the Act, which are contrary 
to or in conflict with the limitations and restrictions specified as to 
hereafter located unpatented mining claims in section 4 of the Act. See 
Sec. 3714.3 as to effect on existing rights.
    (d) On mining claims subject to the provisions of the Act, timber 
may be

[[Page 754]]

used by the claimants only for the purposes permitted under the Act, 
and, except where timber is removed to provide clearance for operations 
or uses permitted under the Act, such timber must be cut in accordance 
with sound principles of forest management. When timber on a mining 
claim is disposed of by the Government subsequent to the location of the 
claim, free use of timber by the mining claimant of like kind and 
quantity from the nearest timber administered by the disposing agency is 
provided for, but only when and to the extent that is required for their 
mining operations and only in kind and quantity substantially equivalent 
to the timber removed from the claim by the Government. Any such timber 
may be cut and removed only under the rules and regulations of the 
administering agency. Regulations governing applications and issuance of 
permits for the use of such timber on public lands administered by the 
Bureau of Land Management are contained in part 5510 of this chapter.

Sec. 3712.2  Publication of notice.

Sec. 3712.2-1  Request for publication of notice to mining claimant.

    (a) The Act in the first paragraph of section 5(a) provides as 
follows:

    The head of a Federal department or agency which has the 
responsibility for administering surface resources of any lands 
belonging to the United States may file as to such lands in the office 
of the Secretary of the Interior, or in such office as the Secretary of 
the Interior may designate, a request for publication of notice to 
mining claimants, for determination of surface rights, which request 
shall contain a description of the lands covered thereby, showing the 
section or sections of the public land surveys which embrace the lands 
covered by such request, or if such lands are unsurveyed, either the 
section or sections which would probably embrace such lands when the 
public land surveys are extended to such lands or a tie by courses and 
distances to an approved United States mineral monument.
    The ``request for publication of notice to mining claimants'' 
authorized to be filed by the above-quoted portion of the act can be 
filed by the Federal department or agency which has the responsibility 
for administering surface resources of the lands to which the requested 
notice would relate. It must describe the land covered by the request by 
section, township, range, and meridian or, if the land is unsurveyed, 
either the section or sections which would probably embrace such lands 
when the public land surveys are extended to such lands, or by a metes 
and bounds description of such area with a tie to a United States 
mineral monument.

    (b) A request for publication of notice under this subsection shall 
be filed with the proper office of the Bureau of Land Management. No 
request for publication may include lands in more than one district.

Sec. 3712.2-2  Evidence necessary to support a request for publication.

    (a) The second and third paragraphs of section 5(a) of the Act 
provide in detail for the filing by the head of a Federal department or 
agency of certain evidence in support of the request for publication of 
the notice referred to in Sec. 3712.2-1 as follows:

    The filing of such request for publication shall be accompanied by 
an affidavit or affidavits of a person or persons over twenty-one years 
of age setting forth that the affiant or affiants have examined the 
lands involved in a reasonable effort to ascertain whether any person or 
persons were in actual possession of or engaged in the working of such 
lands or any part thereof, and, if no person or persons were found to be 
in actual possession of or engaged in the working of said lands or any 
part thereof, on the date of such examination, setting forth such fact, 
or, if any person or persons were so found to be in actual possession or 
engaged in such working on the date of such examination, setting forth 
the name and address of each such person, unless affiant shall have been 
unable through reasonable inquiry to obtain information as to the name 
and address of any such person, in which event the affidavit shall set 
forth fully the nature and results of such inquiry.
    The filing of such request for publication shall also be accompanied 
by the certificate of a title or abstract company, or of a title 
abstractor, or of an attorney, based upon such company's abstractor's or 
attorney's examination of those instruments which are shown by the tract 
indexes in the county office of record as affecting the lands described 
in said request, setting forth the name of any person disclosed by said 
instruments to have an interest in said lands under any unpatented 
mining claim heretofore located, together with the address of such 
person if such address is disclosed by such instruments of record. 
``Tract indexes'' as used herein shall mean those indexes, if any, as to 
surveyed lands identifying instruments as affecting a particular legal 
subdivision of the public land surveys, and as to unsurveyed

[[Page 755]]

lands identifying instruments as affecting a particular probable legal 
subdivision according to a projected extension of the public land 
surveys.

    (b) This part of the Act requires the filing of an affidavit which 
may be made by any person or persons over twenty-one years of age who 
have examined the lands. It must show whether any person or persons were 
``in actual possession of or engaged in the working of such lands (the 
lands described in the request for publication of notice) or any part 
thereof'' and, if they were, the name and address of each such person 
must be given if it can be learned by reasonable inquiry and if it 
cannot be so learned, the affidavit must show in detail what inquiry or 
inquiries were made to obtain each such name and address. No definition 
of the terms ``in actual possession'' or ``engaged in the working of 
said lands'' will be attempted here, but the affidavits should recite 
what evidences of occupancy or workings were found. The request for 
publication must also be accompanied by a certificate executed as 
provided in the third paragraph of section 5(a) and containing the 
information required by that paragraph to be furnished. If there are no 
tract indexes, as defined in the Act, in the county office of record 
affecting the lands described in the request for publication, a 
certificate executed as provided in the said third paragraph of section 
5(a) to that effect must be furnished.

Sec. 3712.2-3  Contents of published notice.

    Section 5(a) of the Act specifies in detail what the published 
notice shall contain, as follows:

    Such notice shall describe the lands covered by such request, as 
provided heretofore, and shall notify whomever it may concern that if 
any person claiming or asserting under, or by virtue of, any unpatented 
mining claim heretofore located, rights as to such lands or any part 
thereof, shall fail to file in the office where such request for 
publication was filed (which office shall be specified in such notice) 
and within one hundred and fifty days from the date of the first 
publication of such notice (which date shall be specified in such 
notice), a verified statement which shall set forth, as to such 
unpatented mining claim--
    (1) The date of location;
    (2) The book and page of recordation of the notice or certificate of 
location;
    (3) The section or sections of the public land surveys which embrace 
such mining claims; or if such lands are unsurveyed, either the section 
or sections which would probably embrace such mining claim when the 
public land surveys are extended to such lands or a tie by courses and 
distances to an approved United States mineral monument;
    (4) Whether such claimant is a locator or purchaser under such 
location; and
    (5) The name and address of such claimant and names and addresses so 
far as known to the claimant of any other person or persons claiming any 
interest or interests in or under such unpatented mining claim: such 
failure shall be conclusively deemed (i) to constitute a waiver and 
relinquishment by such mining claimant of any right, title or interest 
under such mining claim contrary to or in conflict with the limitations 
or restrictions specified in section 4 of this Act as to hereafter 
located unpatented mining claims, and (ii) to constitute a consent by 
such mining claimant that such mining claim, prior to issuance of patent 
therefor, shall be subject to the limitations and restrictions specified 
in section 4 of this Act as to hereafter located unpatented mining 
claims, and (iii) to preclude thereafter, prior to issuance of patent, 
any assertion by such mining claimant of any right or title to or 
interest in or under such mining claim contrary to or in conflict with 
the limitations or restrictions specified in section 4 of this Act as to 
hereafter located unpatented mining claims.

Sec. 3712.2-4  Publication.

    If the request for publication and the accompanying papers conform 
to the requirements of the Act, the Authorized officer or the Director, 
as may be appropriate, at the expense of the requesting department or 
agency, shall cause notice to mining claimants to be published in a 
newspaper having general circulation in the county in which the lands 
involved are situated. If the notice is published in a daily newspaper 
it shall be published in the Wednesday issue for nine consecutive weeks, 
if in a weekly paper, in nine consecutive issues, or if in a semi-weekly 
or tri-weekly paper, in the issue of the same day of each week for nine 
consecutive weeks.

Sec. 3712.2-5  Proof of publication.

    After the period of newspaper publication has expired, the 
department or agency requesting the publication shall

[[Page 756]]

obtain from the office of the newspaper or publication a sworn statement 
that the notice was published at the time and in accordance with the 
requirements under the regulations of this part, and shall file such 
sworn statement in the office where the Request for Publication was 
filed.

Sec. 3712.2-6  Service of notice.

    The last paragraph of section 5(a) of the Act provides with respect 
to service of the notice by personal delivery or by registered mail, as 
follows:

    Within fifteen days after the date of first publication of such 
notice, the department or agency requesting such publication (1) shall 
cause a copy of such notice to be personally delivered to or to be 
mailed by registered mail addressed to each person in possession or 
engaged in the working of the land whose name and address is shown by an 
affidavit filed as aforesaid, and to each person who may have filed, as 
to any lands described in said notice, a request for notices, as 
provided in subsection (d) of this section 5, and shall cause a copy of 
such notice to be mailed by registered mail to each person whose name 
and address is set forth in the title or abstract company's or title 
abstractor's or attorney's certificate filed as aforesaid, as having an 
interest in the lands described in said notice under any unpatented 
mining claim heretofore located, such notice to be directed to such 
person's address as set forth in such certificate; and (2) shall file in 
the office where said request for publication was filed an affidavit 
showing that copies have been so delivered or mailed.

Sec. 3712.2-7  Service of copies; failure to comply.

    If the department or agency requesting publication under these 
regulations shall fail to comply with the requirements of section 5(a) 
of the Act as to the personal delivery or mailing of a copy of the 
published notice to any person, the publication of such notice shall be 
deemed wholly ineffectual as to that person or as to the rights asserted 
by that person and the failure of that person to file a verified 
statement, as provided in such notice shall in no manner affect, 
diminish, prejudice or bar any rights of that person.

Sec. 3712.3  Failure of claimant to file verified statement.

    If any claimant under any unpatented mining claim located prior to 
July 23, 1955, which embraces any of the lands described in any notice 
published in accordance with the regulations in this part shall fail to 
file a verified statement, as specified in such published notice (See 
Sec. 3712.2-4), within one hundred and fifty days from the date of the 
first publication of such notice, such failure shall be conclusively 
deemed except as otherwise provided in Sec. 3712.2-7.
    (a) To constitute a waiver and relinquishment by such mining 
claimant of any right, title or interest under such mining claim 
contrary to or in conflict with the limitations or restrictions 
specified in section 4 of the Act as to unpatented mining claims located 
after its enactment.
    (b) To constitute a consent by such mining claimant that such mining 
claim, prior to issuance of patent therefor, be subject to the 
limitations and restrictions specified in section 4 of the Act as to 
unpatented mining claims located after its enactment.
    (c) To preclude thereafter prior to the issuance of patent any 
assertion by such mining claimant of any right or title to or interest 
in or under such mining claim contrary to or in conflict with the 
limitations or restrictions specified in section 4 of the Act as to 
unpatented mining claims located after its enactment.

                         Subpart 3713--Hearings

    Source:  35 FR 9734, June 13, 1970, unless otherwise noted.

Sec. 3713.1  Hearing procedures.

    The procedures with respect to notice of such a hearing and the 
conduct thereof, and in respect to appeals, shall follow the appeals and 
contests of the Department of the Interior and the Bureau of Land 
Management (part 1850 of this title) relating to contests or protests 
affecting public lands of the United States so far as they are 
applicable.

Sec. 3713.2  Hearing: Time and place.

    If any verified statement shall be filed by a mining claimant then 
the administrative law judge or the Director, as may be appropriate, 
shall fix a time and place for a hearing to determine the validity and 
effectiveness of any

[[Page 757]]

right or title to or interest in or under such mining claim which the 
mining claimant may assert contrary to or in conflict with the 
limitations or restrictions specified in section 4 of the Act as to 
unpatented mining claims located after its enactment. The administrative 
law judge shall notify the department or agency and all mining claimants 
entitled to notice as the result of the filing of such verified 
statement of the time and place of such hearing at least 30 days in 
advance thereof. The notice of hearing shall contain a statement 
specifying the issues upon which evidence will be submitted at the 
hearing. Such hearing shall be held in the county where the lands in 
question, or parts thereof, are located unless the mining claimant 
agrees otherwise.

Sec. 3713.3  Stipulation between parties.

    Where verified statements are filed asserting rights to an aggregate 
of more than twenty mining claims, any single hearing shall be limited 
to a maximum of twenty mining claims unless the parties affected shall 
otherwise stipulate and as many separate hearings shall be set as shall 
be necessary to comply with section 5(c) of the Act. If at any time 
prior to a hearing the department or agency requesting publication of 
notice and any person filing a verified statement pursuant to such 
notice shall so stipulate, then to the extent so stipulated, but only to 
such extent, no hearing shall be held with respect to rights asserted 
under that verified statement, and to the extent defined by the 
stipulation the rights asserted under that verified statement shall be 
deemed to be unaffected by the notice published pursuant to that 
request.

Sec. 3713.4  Effect of decision affirming a mining claimant's rights.

    (a) If the final decision rendered in any hearing held pursuant to 
section 5 of the Act shall affirm the validity and effectiveness of any 
mining claimant's right or interest under a mining claim asserted in 
accordance with the provisions of that section, then no subsequent 
proceedings under section 5 of the act shall have any force or effect 
upon the so-affirmed right or interest of such mining claimant under 
such mining claim.
    (b) If it is finally determined as the result of such a hearing that 
the claimant has no right or title to or interest in or under his mining 
claim which he may assert contrary to or in conflict with the 
limitations and restrictions specified in section 4 of the act, then 
those limitations and restrictions shall apply with respect to such 
mining claim.

                Subpart 3714--Rights of Mining Claimants

    Source:  35 FR 9734, June 13, 1970, unless otherwise noted.

Sec. 3714.1  Recording by mining claimant of request for copy of notice.

    Section 5(d) of the Act provides as follows:

    Any person claiming any right under or by virtue of any unpatented 
mining claim heretofore located and desiring to receive a copy of any 
notice to mining claimants which may be published as above provided in 
subsection (a) of this section 5, and which may affect lands embraced in 
such mining claim, may cause to be filed for record in the county office 
of record where the notice of certificate of location of such mining 
claim shall have been recorded, a duly acknowledged request for a copy 
of any such notice. Such request for copies shall set forth the name and 
address of the person requesting copies, and shall also set forth, as to 
each heretofore located unpatented mining claim under which such person 
asserts rights--
    (1) The date of location;
    (2) The book and page of the recordation of the notice or 
certificate of location; and
    (3) The section or sections of the public land surveys which embrace 
such mining claim; or if such lands are unsurveyed, either the section 
or sections which would probably embrace such mining claim when the 
public land surveys are extended to such lands or a tie by courses and 
distances to an approved United States mineral monument. Other than in 
respect to the requirements of subsection (a) of this section 5 as to 
personal delivery or mailing of copies of notices and in respect to the 
provisions of subsection (e) of this section 5, no such request for 
copies of published notices and no statement or allegation in such 
request and no recordation thereof shall affect title to any mining 
claim or to any land or be deemed to constitute constructive notice to 
any person that the person requesting copies has, or claims, any

[[Page 758]]

right, title, or interest in or under any mining claim referred to in 
such request.

Sec. 3714.2  Waiver of rights by mining claimants.

    Section 6 of the Act provides as follows:

    The owner or owners of any unpatented mining claim heretofore 
located may waive and relinquish all rights thereunder which are 
contrary to or in conflict with the limitations or restrictions 
specified in section 4 of this Act as to hereafter located unpatented 
mining claims. The execution and acknowledgement of such a waiver and 
relinquishment by such owner or owners and the recordation thereof in 
the office where the notice or certificate of location of such mining 
claim is of record shall render such mining claim thereafter and prior 
to issuance of patent subject to the limitations and restrictions in 
section 4 of this Act in all respects as if said mining claim had been 
located after enactment of this act, but no such waiver or 
relinquishment shall be deemed in any manner to constitute any 
concession as to the date of priority of rights under said mining claim 
or as to the validity thereof.

Sec. 3714.3  Protection of existing rights; exclusion of reservation in 
          patents.

    The Act in section 7 provides as follows:

    Nothing in this Act shall be construed in any manner to limit or 
restrict or to authorize the limitation or restriction of any existing 
rights of any claimant under any valid mining claim heretofore located, 
except as such rights may be limited or restricted as a result of a 
proceeding pursuant to section 5 of this Act, or as a result of a waiver 
and relinquishment pursuant to section 6 of this Act; and nothing in 
this act shall be construed in any manner to authorize inclusion in any 
patent hereafter issued under the mining laws of the United States for 
any mining claim heretofore or hereafter located, of any reservation, 
limitation, or restriction not otherwise authorized by law, or to limit 
or repeal any existing authority to include any reservation, limitation, 
or restriction in any such patent, or to limit or restrict any use of 
the lands covered by any patented or unpatented mining claim by the 
United States, its lessees, permittees, and licensees which is otherwise 
authorized by law.


This section makes it clear that all of the rights of mining claimants 
existing on the date of the Act are preserved and will continue unless: 
(a) Claimant fails, subject, however, to the provisions of Sec. 3712.2-
7, to file a verified statement in response to a published notice as 
provided in section 5(b) of the Act and Sec. 3712.2-9; (b) it is 
determined as a result of a hearing pursuant to section 5(c) that such 
rights asserted in a verified statement are not valid and effective; (c) 
the claimant waives and relinquishes his rights pursuant to section 6. 
It also preserves to all mining claimants the right to a patent 
unrestricted by anything in the Act and provides that no limitation, 
reservation or restriction may be inserted in any mineral patent unless 
authorized by law, but it also makes it clear that all laws in force on 
the date of its enactment which provide for any such reservation, 
limitation, or restriction in such patents and all authority of law then 
existing for the use of lands embraced in unpatented mining claims by 
the United States, its lessees, permittees, and licensees continue in 
full force and effect.

          Subpart 3715--Use and Occupancy Under the Mining Laws

    Authority:  18 U.S.C. 1001, 3571 et seq.; 30 U.S.C. 22, 42, 612; 43 
U.S.C. 1061 et seq., 1201, 1457, 1732 (b) and (c), 1733 (a) and (g).

    Source:  61 FR 37125, July 16, 1996, unless otherwise noted.

Sec. 3715.0-1  What are the purpose and the scope of this subpart?

    (a) Purpose. The purpose of this subpart is to manage the use and 
occupancy of the public lands for the development of locatable mineral 
deposits by limiting such use or occupancy to that which is reasonably 
incident. The Bureau of Land Management (BLM) will prevent abuse of the 
public lands while recognizing valid rights and uses under the Mining 
Law of 1872 (30 U.S.C. 22 et seq.) and related laws governing the public 
lands, regardless of when those rights were created. BLM will take 
appropriate action to eliminate invalid uses, including unauthorized 
residential occupancy of the public lands.
    (b) Scope. This subpart applies to public lands BLM administers. 
They do not apply to state or private lands in which the mineral estate 
has been reserved to the United States. They do not apply

[[Page 759]]

to Federal lands administered by other Federal agencies, even though 
those lands may be subject to the operation of the mining laws.
    (c) This subpart does not impair the right of any person to engage 
in recreational activities or any other authorized activity on public 
lands BLM administers.

Sec. 3715.0-3  What are the legal authorities for this subpart?

    The authorities for this subpart are 18 U.S.C. 1001, 3571 et seq.; 
30 U.S.C. 22, 42, 612; 43 U.S.C. 1061 et seq., 1201, 1457, 1732 (b) and 
(c), 1733 (a) and (g).

Sec. 3715.0-5  How are certain terms in this subpart defined?

    As used in this subpart the term:
    Mining laws means all laws that apply to hardrock mining on public 
lands and which make public lands available for hardrock mineral 
development. This includes, but is not limited to, the general 
authorities relating to hardrock mining or to the public lands on which 
this rule is based and case law which interprets those authorities.
    Mining operations means all functions, work, facilities, and 
activities reasonably incident to mining or processing of mineral 
deposits. It includes building roads and other means of access to a 
mining claim or millsite on public lands.
    Occupancy means full or part-time residence on the public lands. It 
also means activities that involve residence; the construction, 
presence, or maintenance of temporary or permanent structures that may 
be used for such purposes; or the use of a watchman or caretaker for the 
purpose of monitoring activities. Residence or structures include, but 
are not limited to, barriers to access, fences, tents, motor homes, 
trailers, cabins, houses, buildings, and storage of equipment or 
supplies.
    Permanent structure means a structure fixed to the ground by any of 
the various types of foundations, slabs, piers, poles, or other means 
allowed by building codes. The term also includes a structure placed on 
the ground that lacks foundations, slabs, piers, or poles, and that can 
only be moved through disassembly into its component parts or by 
techniques commonly used in house moving. The term does not apply to 
tents or lean-tos.
    Public lands means lands open to the operation of the mining laws 
which BLM administers, including lands covered by unpatented mining 
claims or millsites.
    Prospecting or exploration means the search for mineral deposits by 
geological, geophysical, geochemical, or other techniques. It also 
includes, but is not limited to, sampling, drilling, or developing 
surface or underground workings to evaluate the type, extent, quantity, 
or quality of mineral values present.
    Reasonably incident means the statutory standard ``prospecting, 
mining, or processing operations and uses reasonably incident thereto'' 
(30 U.S.C. 612). It is a shortened version of the statutory standard. It 
includes those actions or expenditures of labor and resources by a 
person of ordinary prudence to prospect, explore, define, develop, mine, 
or beneficiate a valuable mineral deposit, using methods, structures, 
and equipment appropriate to the geological terrain, mineral deposit, 
and stage of development and reasonably related activities.
    Substantially regular work means work on, or that substantially and 
directly benefits, a mineral property, including nearby properties under 
your control. The work must be associated with the search for and 
development of mineral deposits or the processing of ores. It includes 
active and continuing exploration, mining, and beneficiation or 
processing of ores. It may also include assembly or maintenance of 
equipment, work on physical improvements, and procurement of supplies, 
incidental to activities meeting the conditions of Secs. 3715.2 and 
3715.2-1. It may also include off-site trips associated with these 
activities. The term also includes a seasonal, but recurring, work 
program.
    Unnecessary or undue degradation, as applied to unauthorized uses, 
means those activities that are not reasonably incident and are not 
authorized under any other applicable law or regulation. As applied to 
authorized uses, the term is used as defined in 43 CFR 3802.0-5 and 
3809.0-5.

[[Page 760]]

Sec. 3715.0-9  Information collection.

    (a) BLM has submitted to the Office of Management and Budget the 
information collection requirements contained in this subpart under 44 
U.S.C. 3507 and the Paperwork Reduction Act of 1995 and assigned 
clearance number 1004-0169. BLM collects the information so that it may 
manage use and occupancy of public lands under the mining laws by 
prohibiting unauthorized uses and occupancies. A response to BLM is 
mandatory and required to obtain the benefit of occupying the public 
lands for reasonably incident activities.
    (b) BLM estimates the public reporting burden for this information 
to average two hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information Collection Clearance Officer 
(DW-110), Bureau of Land Management, Building 50, Denver Federal Center, 
Denver, Colorado 80225-0047, and the Office of Management and Budget, 
Paperwork Reduction Project, 1004-0169, Washington, DC 20503.

Sec. 3715.1  Do the regulations in this subpart apply to my use or 
          occupancy?

    To determine if the regulations in this subpart apply to your 
activities, refer to Table 1 in this section.

                                 Table 1                                
------------------------------------------------------------------------
     Applicability of this subpart                                      
------------------------------------------------------------------------
If your proposed use of the public       Then--                         
 lands--.                                                               
Includes occupancy and is ``reasonably   The provisions of this subpart 
 incident'' as defined by this subpart.   apply to you. You must seek   
                                          concurrence from BLM before   
                                          beginning this use and comply 
                                          with all provisions of this   
                                          subpart.                      
Involves the placement, construction,    The provisions of this subpart 
 or maintenance of enclosures, gates,     apply to you. You must seek   
 fences, or signs.                        concurrence from BLM before   
                                          beginning this use and comply 
                                          with all provisions of this   
                                          subpart.                      
Is reasonably incident, but does not     The provisions of this subpart 
 involve occupancy.                       do not apply to you, except   
                                          for Secs.  3715.4, 3715.5 and 
                                          3715.7. You are subject to the
                                          applicable regulations in 43  
                                          CFR part 3800.                
Is not reasonably incident (involving    The occupancy consultation     
 rights-of-way, for example), but may     provisions of this subpart do 
 be allowed under the public land laws.   not apply to you. Your use is 
                                          not allowed under this        
                                          subpart. You must seek        
                                          authorization under 43 CFR    
                                          Group 2900.                   
Is not allowed under the public land     Your use is prohibited. You    
 laws, the mining laws, the mineral       must not begin or continue    
 leasing laws, or other applicable laws.  unauthorized uses.            
Involves occupancy of a site, or any     The provisions of this subpart 
 subsequent site within a 25-mile         do not apply to you. Refer to 
 radius of the initially occupied site,   the applicable regulations in 
 for 14 days or less in any 90-day        43 CFR part 8360 and pertinent
 period.                                  State Director supplementary  
                                          rules. 43 CFR part 8360 will  
                                          not otherwise apply to a      
                                          reasonably incident use or    
                                          occupancy that this subpart   
                                          allows.                       
------------------------------------------------------------------------

Sec. 3715.2  What activities do I have to be engaged in to allow me to 
          occupy the public lands?

    In order to occupy the public lands under the mining laws for more 
than 14 calendar days in any 90-day period within a 25-mile radius of 
the initially occupied site, you must be engaged in certain activities. 
Those activities that are the reason for your occupancy must:
    (a) Be reasonably incident;
    (b) Constitute substantially regular work;
    (c) Be reasonably calculated to lead to the extraction and 
beneficiation of minerals;
    (d) Involve observable on-the-ground activity that BLM may verify 
under Sec. 3715.7; and
    (e) Use appropriate equipment that is presently operable, subject to 
the need for reasonable assembly, maintenance, repair or fabrication of 
replacement parts.

Sec. 3715.2-1  What additional characteristic(s) must my occupancy have?

    In addition to the requirements specified in Sec. 3715.2, your 
occupancy must involve one or more of the following:

[[Page 761]]

    (a) Protecting exposed, concentrated or otherwise accessible 
valuable minerals from theft or loss;
    (b) Protecting from theft or loss appropriate, operable equipment 
which is regularly used, is not readily portable, and cannot be 
protected by means other than occupancy;
    (c) Protecting the public from appropriate, operable equipment which 
is regularly used, is not readily portable, and if left unattended, 
creates a hazard to public safety;
    (d) Protecting the public from surface uses, workings, or 
improvements which, if left unattended, create a hazard to public 
safety; or
    (e) Being located in an area so isolated or lacking in physical 
access as to require the mining claimant, operator, or workers to remain 
on site in order to work a full shift of a usual and customary length. A 
full shift is ordinarily 8 hours and does not include travel time to the 
site from a community or area in which housing may be obtained.

Sec. 3715.2-2  How do I justify occupancy by a caretaker or watchman?

    If you assert the need for a watchman or caretaker to occupy the 
public lands to protect valuable or hazardous property, equipment, or 
workings, you must show that the need for the occupancy is both 
reasonably incident and continual. You must show that a watchman or 
caretaker is required to be present either whenever the operation is not 
active or whenever you or your workers are not present on the site.

Sec. 3715.2-3  Under what circumstances will BLM allow me to temporarily 
          occupy a site for more than 14 days?

    BLM may allow temporary occupancy at a single site to extend beyond 
the 14-day period described in Sec. 3715.1 if you need to secure the 
site beyond 14 days through the use of a watchman as allowed by 
Sec. 3715.2-2, and you have begun consultation with BLM under 
Sec. 3715.3. If BLM decides not to concur in the occupancy, the 
temporary occupancy must stop.

Sec. 3715.3  Must I consult with BLM before occupancy?

    Before beginning occupancy, you must consult with BLM about the 
requirements of this subpart. See Table 2 in this section.

                                 Table 2                                
------------------------------------------------------------------------
       Consultation requirements                                        
------------------------------------------------------------------------
If you are proposing a use that would    Then.                          
 involve occupancy.                                                     
Under a plan of operations or a          You must include in the        
 modification submitted under 43 CFR      proposed plan of operations   
 part 3800, subpart 3802 or subpart       the materials required by Sec.
 3809.                                     3715.3-2 describing any      
                                          proposed occupancy for BLM    
                                          review concurrently with      
                                          review of the plan of         
                                          operation.                    
                                         BLM will determine whether you 
                                          have complied with the        
                                          requirements of this subpart  
                                          together with its decision    
                                          approving or modifying the    
                                          plan.                         
Under the notice provisions of 43 CFR    You must submit the materials  
 part 3800, subpart 3809.                 required by Sec.  3715.3-2    
                                          together with the materials   
                                          submitted under 43 CFR 3809.1-
                                          3 for BLM review concurrently 
                                          with its review of the        
                                          proposed activity.            
                                         Any activities in the notice   
                                          that do not involve occupancy 
                                          and are reasonably incident   
                                          may proceed in accordance with
                                          43 CFR part 3800, subpart     
                                          3809.                         
And is a ``casual use'' under 43 CFR     You are subject to the         
 3809.1-2 or does not require a plan of   consultation provisions of    
 operations under 43 CFR 3802.1-2 and     this subpart and must submit  
 3809.1-4 or a notice under 43 CFR        the materials required by Sec.
 3809.1-3.                                 3715.3-2 to BLM.             
                                         Any casual use activities that 
                                          do not involve occupancy and  
                                          are reasonably incident may   
                                          proceed in accordance with 43 
                                          CFR part 3800, subpart 3809.  
Or enclosures, fences, gates, or signs   You are subject to the         
 intended to exclude the general public.  consultation provisions of    
                                          this subpart and must submit  
                                          the materials required by Sec.
                                           3715.3-2 to BLM.             
------------------------------------------------------------------------


[[Page 762]]

Sec. 3715.3-1  At what point may I begin occupancy?

    You must not begin occupancy until--
    (a) You have complied with either 43 CFR part 3800, subpart 3802 or 
3809 and this subpart, and BLM has completed its review and made the 
required determinations under the applicable subparts, and
    (b) You have obtained all federal, state and local mining, 
reclamation, and waste disposal permits, approvals, or other 
authorizations for the particular use or occupancy as required under 
this subpart.

Sec. 3715.3-2  What information must I provide to BLM about my proposed 
          occupancy?

    You must give BLM a detailed map that identifies the site and the 
placement of the items specified in paragraphs (c), (d), and (e) of this 
section, and a written description of the proposed occupancy that 
describes in detail:
    (a) How the proposed occupancy is reasonably incident;
    (b) How the proposed occupancy meets the conditions specified in 
Sec. 3715.2 and Sec. 3715.2-1;
    (c) Where you will place temporary or permanent structures for 
occupancy;
    (d) The location of and reason you need enclosures, fences, gates, 
and signs intended to exclude the general public;
    (e) The location of reasonable public passage or access routes 
through or around the area to adjacent public lands; and
    (f) The estimated period of use of the structures, enclosures, 
fences, gates, and signs, as well as the schedule for removal and 
reclamation when operations end.

Sec. 3715.3-3  How does BLM process the information I submit about my 
          proposed occupancy?

    BLM will review all proposed occupancies and all proposed 
enclosures, fences, gates, or signs intended to exclude the general 
public to determine if your proposed occupancy or use will conform to 
the provisions of Secs. 3715.2, 3715.2-1 and 3715.5. BLM will complete 
its review of a proposed occupancy not involving a plan of operations 
within 30 business days of receipt of the materials, unless it concludes 
that the determination cannot be made until:
    (a) 30 business days after it prepares necessary environmental 
documents, and
    (b) 30 business days after it has complied with section 106 of the 
National Historic Preservation Act, Section 7 of the Endangered Species 
Act, and/or other applicable statutes, if applicable.

Sec. 3715.3-4  How will BLM notify me of the outcome of its review 
          process?

    At the conclusion of the review, BLM will make a written 
determination of concurrence or non-concurrence, and will send it to 
you. For operations conducted under a plan of operations, BLM will 
include this written determination in the decision that approves, 
modifies, or rejects the plan.

Sec. 3715.3-5  What will BLM's notification include?

    (a) BLM will include in each determination of concurrence a 
statement requiring you to continue to comply with Secs. 3715.2, 3715.2-
1 and 3715.5.
    (b) BLM will specify in each determination of non-concurrence how 
the proposed occupancy fails to meet the conditions of Sec. 3715.2, 
Sec. 3715.2-1 or Sec. 3715.5, and will provide you an opportunity to 
modify the proposed occupancy or appeal the determination under 
Sec. 3715.9.

Sec. 3715.3-6  May I begin occupancy if I have not received concurrence 
          from BLM?

    If you have not received concurrence from BLM, you must not begin 
occupancy even though you have submitted, or plan to submit, an amended 
occupancy proposal or an appeal.

Sec. 3715.4  What if I have an existing use or occupancy?

    (a) By August 18, 1997, all existing uses and occupancies must meet 
the applicable requirements of this subpart. If not, BLM will either 
issue you a notice of noncompliance or order any existing use or 
occupancy failing to meet the requirements of this subpart to suspend or 
cease under Sec. 3715.7-1. BLM will also order you to reclaim the

[[Page 763]]

land under 43 CFR part 3800, subpart 3802 or 3809 to BLM's satisfaction 
within a specified, reasonable time, unless otherwise expressly 
authorized.
    (b) If you are occupying the public lands under the mining laws on 
August 15, 1996, you may continue your occupancy for one year after that 
date, without being subject to the procedures this subpart imposes, if:
    (1) You notify BLM by October 15, 1996 of the existence of the 
occupancy using a format specified by BLM; and
    (2) BLM has no pending trespass action against you concerning your 
occupancy.
    (c) The one-year grace period provided in paragraph (b) of this 
section will not apply if at any time BLM determines that your use or 
occupancy is not reasonably incident and the continued presence of the 
use or occupancy is a threat to health, safety or the environment. In 
this situation, BLM will order an immediate temporary suspension of 
activities under Sec. 3715.7-1(a).
    (d) If you have no existing occupancies, but are engaged in uses of 
the public lands under the mining law, you are subject to the standards 
in Sec. 3715.5. BLM will determine if your existing uses comply with 
those standards during normal inspection visits to the area and during 
BLM review of notices and plans of operations filed under 43 CFR part 
3800.

Sec. 3715.4-1  What happens after I give BLM written notification of my 
          existing occupancy?

    (a) BLM will visit your site during the normal course of inspection 
to obtain the information described in Sec. 3715.3-2. After the visit, 
BLM will make a determination of concurrence or non-concurrence.
    (b) You must provide the information described in Sec. 3715.3-2 to 
BLM. You may provide it either in writing or verbally during a site 
visit by BLM field staff.

Sec. 3715.4-2  What if I do not notify BLM of my existing occupancy?

    If you do not provide the written notice required in Sec. 3715.4, 
you will be subject to the enforcement actions of Sec. 3715.7-1, the 
civil remedies of Sec. 3715.7-2, and the criminal penalties of 
Sec. 3715.8.

Sec. 3715.4-3  What if BLM does not concur in my existing use or 
          occupancy?

    If BLM determines that all or any part of your existing use or 
occupancy is not reasonably incident:
    (a) BLM may order a suspension or cessation of all or part of the 
use or occupancy under Sec. 3715.7-1;
    (b) BLM may order the land to be reclaimed to its satisfaction and 
specify a reasonable time for completion of reclamation under 43 CFR 
part 3800; and
    (c) BLM may order you to apply within 30 days after the date of 
notice from BLM for appropriate authorization under the regulations in 
43 CFR Group 2900.

Sec. 3715.4-4  What if there is a dispute over the fee simple title to 
          the lands on which my existing occupancy is located?

    BLM may defer a determination of concurrence or non-concurrence with 
your occupancy until the underlying fee simple title to the land has 
been finally determined by the Department of the Interior. During this 
time, your existing occupancy may continue, subject to Sec. 3715.5(a).

Sec. 3715.5  What standards apply to my use or occupancy?

    (a) Your use or occupancy must be reasonably incident. In all uses 
and occupancies, you must prevent or avoid ``unnecessary or undue 
degradation'' of the public lands and resources.
    (b) Your uses must conform to all applicable federal and state 
environmental standards and you must have obtained all required permits 
before beginning, as required under 43 CFR part 3800. This means getting 
permits and authorizations and meeting standards required by state and 
federal law, including, but not limited to, the Clean Water Act (33 
U.S.C. 1251 et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), and the 
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as 
required under 43 CFR part 3800.
    (c) Your occupancies must conform to all applicable federal and 
state environmental standards and you must have obtained all required 
permits before beginning, as required under this

[[Page 764]]

subpart and 43 CFR part 3800. This means getting permits and 
authorizations and meeting standards required by state and federal law, 
including, but not limited to, the Clean Water Act (33 U.S.C. 1251 et 
seq.), Clean Air Act (42 U.S.C. 7401 et seq.), and the Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as required 
under this subpart and 43 CFR part 3800.
    (d) If your prospecting or exploration activities involve only 
surface activities, you must not place permanent structures on the 
public lands. Any temporary structures you place on the public lands 
during prospecting or exploration will be allowed only for the duration 
of the activities, unless BLM expressly and in writing allows them to 
remain longer. If your prospecting or exploration activities involve 
subsurface activities, you may place permanent structures on the public 
lands, if BLM concurs.
    (e) All permanent and temporary structures you place on the public 
lands must conform with the applicable state or local building, fire, 
and electrical codes, and occupational safety and health and mine safety 
standards. If state or local codes require, you must obtain a 
certificate of occupancy or its equivalent before you begin use or 
occupancy involving permanent structures. If state or local law 
requires, you must also acquire appropriate sewerage and sanitation 
permits before the occupancy or use of a permanent structure placed on 
the public lands.

Sec. 3715.5-1  What standards apply to ending my use or occupancy?

    Unless BLM expressly allows them in writing to remain on the public 
lands, you must remove all permanent structures, temporary structures, 
material, equipment, or other personal property placed on the public 
lands during authorized use or occupancy under this subpart. You have 90 
days after your operations end to remove these items. If BLM concurs in 
writing, this provision will not apply to seasonal operations that are 
temporarily suspended for less than one year and expected to continue 
during the next operating season or to operations that are suspended for 
no longer than one year due to market or labor conditions.

Sec. 3715.5-2  What happens to property I leave behind?

    Any property you leave on the public lands beyond the 90-day period 
described in Sec. 3715.5-1 becomes property of the United States and is 
subject to removal and disposition at BLM's discretion consistent with 
applicable laws and regulations. You are liable for the costs BLM incurs 
in removing and disposing of the property.

Sec. 3715.6  What things does BLM prohibit under this subpart?

    Except where other applicable laws or regulations allow, BLM 
prohibits the following:
    (a) Placing, constructing, maintaining or using residences or 
structures for occupancy not meeting:
    (1) The conditions of occupancy under Secs. 3715.2 or 3715.2-1; or
    (2) Any of the standards of occupancy under Sec. 3715.5;
    (b) Beginning occupancy before the filing, review, and approval or 
modification of a plan of operation as required under 43 CFR part 3800, 
subparts 3802 or 3809;
    (c) Beginning occupancy before consultation with BLM as required by 
Sec. 3715.3 for activities that do not require a plan of operations 
under 43 CFR part 3800, subpart 3802 or that are defined as casual use 
or notice activities under 43 CFR part 3800, subpart 3809;
    (d) Beginning occupancy without receiving a determination of 
concurrence because the proposed occupancy or fencing will not conform 
to the provisions of Sec. 3715.2, Sec. 3715.2-1 or Sec. 3715.5;
    (e) Not complying with any order issued under this subpart within 
the time frames the order provides;
    (f) Preventing or obstructing free passage or transit over or 
through the public lands by force, threats, or intimidation; provided, 
however, that reasonable security and safety measures in accordance with 
this subpart are allowed;
    (g) Placing, constructing, or maintaining enclosures, gates, or 
fences, or signs intended to exclude the general public, without BLM's 
concurrence;

[[Page 765]]

    (h) Causing a fire or safety hazard or creating a public nuisance;
    (i) Not complying with the notification and other requirements under 
Sec. 3715.4 relating to an existing occupancy; and
    (j) Conducting activities on the public lands that are not 
reasonably incident, including, but not limited to: non-mining related 
habitation, cultivation, animal maintenance or pasturage, and 
development of small trade or manufacturing concerns; storage, 
treatment, processing, or disposal of non-mineral, hazardous or toxic 
materials or waste that are generated elsewhere and brought onto the 
public lands; recycling or reprocessing of manufactured material such as 
scrap electronic parts, appliances, photographic film, and chemicals; 
searching for buried treasure, treasure trove or archaeological 
specimens; operating hobby and curio shops; cafes; tourist stands; and 
hunting and fishing camps.

Sec. 3715.7  How will BLM inspect my use or occupancy and enforce this 
          subpart?

    (a) BLM field staff is authorized to physically inspect all 
structures, equipment, workings, and uses located on the public lands. 
The inspection may include verification of the nature of your use and 
occupancy to ensure that your use or occupancy is, or continues to be, 
reasonably incident and in compliance with Secs. 3715.2, 3715.2-1, 
3715.4-1 and 3715.5.
    (b) BLM will not inspect the inside of structures used solely for 
residential purposes, unless an occupant or a court of competent 
jurisdiction gives permission.

Sec. 3715.7-1  What types of enforcement action can BLM take if I do not 
          meet the requirements of this subpart?

    BLM has four types of orders that it can issue depending on the 
circumstances:
    (a) Immediate suspension.
    (1) BLM may order an immediate, temporary suspension of all or any 
part of your use or occupancy if:
    (i) All or part of your use or occupancy is not reasonably incident 
or is not in compliance with Secs. 3715.2, 3715.2-1, 3715.3-1(b), 3715.5 
or 3715.5-1, and
    (ii) an immediate, temporary suspension is necessary to protect 
health, safety or the environment.
    (2) BLM will presume that health, safety or the environment are at 
risk and will order your use or occupancy to be immediately and 
temporarily suspended if:
    (i) You are conducting an occupancy under a determination of 
concurrence under this section; and
    (ii) You fail at any time to meet any of the standards in paragraphs 
Sec. 3715.3-1(b) or Sec. 3715.5 (b), (c) or (d).
    (3) The suspension order will describe--
    (i) How you are failing or have failed to comply with the 
requirements of this subpart; and
    (ii) The actions, in addition to suspension of the use or occupancy, 
that you must take to correct the noncompliance and the time by which 
you must suspend the use or occupancy. It will also describe the time, 
not to exceed 30 days, within which you must complete corrective action.
    (4) The suspension order will not be stayed by an appeal.
    (b) Cessation order.
    (1) BLM may order a temporary or permanent cessation of all or any 
part of your use or occupancy if:
    (i) All or any part of your use or occupancy is not reasonably 
incident but does not endanger health, safety or the environment, to the 
extent it is not reasonably incident;
    (ii) You fail to timely comply with a notice of noncompliance issued 
under paragraph (c) of this section;
    (iii) You fail to timely comply with an order issued under paragraph 
(d) of this section; or
    (iv) You fail to take corrective action during a temporary 
suspension ordered under paragraph (a) of this section.
    (2) The cessation order will describe--
    (i) The ways in which your use or occupancy is not reasonably 
incident; is in violation of a notice of noncompliance issued under 
paragraph (c) of this section; or is in violation of an order issued 
under paragraphs (a) or (d) of this section, as appropriate;
    (ii) The actions, in addition to cessation of the use or occupancy, 
that you must take to correct the noncompliance;

[[Page 766]]

    (iii) The time by which you must cease the use or occupancy, not to 
exceed 30 days from the date the Interior Board of Land Appeals affirms 
BLM's order; and
    (iv) The length of the cessation.
    (c) Notice of noncompliance.
    (1) If your use or occupancy is not in compliance with any 
requirements of this subpart, and BLM has not invoked paragraph (a) of 
this section, BLM will issue an order that describes--
    (i) How you are failing or have failed to comply with the 
requirements of this subpart;
    (ii) The actions that you must take to correct the noncompliance and 
the time, not to exceed 30 days, within which you must start corrective 
action; and
    (iii) The time within which you must complete corrective action.
    (2) If you do not start and complete corrective action within the 
time allowed, BLM may order an immediate suspension under paragraph (a) 
of this section, if necessary, or cessation of the use or occupancy 
under paragraph (b) of this section.
    (d) Other. If you are conducting an activity that is not reasonably 
incident but may be authorized under 43 CFR Group 2900 or 8300, or, as 
to sites in Alaska, 43 CFR part 2560, BLM may order you to apply within 
30 days from the date you receive the order for authorization under the 
listed regulations.

Sec. 3715.7-2  What happens if I do not comply with a BLM order?

    If you do not comply with a BLM order issued under Sec. 3715.7-1, 
the Department of the Interior may request the United States Attorney to 
institute a civil action in United States District Court for an 
injunction or order to prevent you from using or occupying the public 
lands in violation of the regulations of this subpart. This relief may 
be in addition to the enforcement actions described in Sec. 3715.7-1 and 
the penalties described in Sec. 3715.8.

Sec. 3715.8  What penalties are available to BLM for violations of this 
          subpart?

    The penalties for individuals and organizations are as follows:
    (a) Individuals. If you knowingly and willfully violate the 
requirements of this subpart, you may be subject to arrest and trial 
under section 303(a) of FLPMA (43 U.S.C. 1733(a)) and/or section 4 of 
the Unlawful Occupancy and Inclosures of Public Lands Act (43 U.S.C. 
1064). If you are convicted, you will be subject to a fine of not more 
than $100,000 or the alternative fine provided for in the applicable 
provisions of 18 U.S.C. 3571, or imprisonment not to exceed 12 months, 
or both, for each offense.
    (b) Organizations. If an organization or corporation knowingly or 
willfully violates the requirements of this subpart, it is subject to 
trial and, if convicted, will be subject to a fine of not more than 
$200,000, or the alternative fine provided for in the applicable 
provisions of 18 U.S.C. 3571.

Sec. 3715.8-1  What happens if I make false statements to BLM?

    You are subject to arrest and trial before a United States District 
Court if, in any matter under this subpart, you knowingly and willfully 
falsify, conceal or cover up by any trick, scheme or device a material 
fact, or make any false, fictitious or fraudulent statements or 
representations, or make or use any false writings or document knowing 
the same to contain any false, fictitious or fraudulent statement or 
entry. If you are convicted, you will be fined not more than $250,000 or 
the alternative fine provided for in the applicable provisions of 18 
U.S.C. 3571, or imprisoned not more than 5 years, or both.

Sec. 3715.9  What appeal rights do I have?

    If you are adversely affected by a BLM decision, order or 
determination made under this subpart, you may appeal the decision, 
order or determination to the Interior Board of Land Appeals (IBLA) 
under the provisions of 43 CFR part 4.

Sec. 3715.9-1  Does an appeal to IBLA suspend a BLM decision?

    (a) An appeal to IBLA does not suspend an order requiring an 
immediate, temporary suspension of occupancy issued under Sec. 3715.7-
1(a) before the appeal or while it is pending. In this case,

[[Page 767]]

the provisions of 43 CFR 4.21(a) do not apply.
    (b) The provisions of 43 CFR 4.21(a) apply to all other BLM 
decisions, orders or determinations under this subpart.



PART 3720  [RESERVED]






PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL--Table of Contents




 Subpart 3730--Public Law 359; Mining in Powersite Withdrawals: General

Sec.
3730.0-1  Purpose; lands open.
3730.0-3  Authority.
3730.0-9  Information collection.

                       Subpart 3731--Power Rights

3731.1  Power rights retained in the United States.

       Subpart 3732--Withdrawals Other Than for Powersite Purposes

3732.1  Act ineffective as to other withdrawals.

                     Subpart 3733--Risk of Operation

3733.1  Financial risk of operation.
3733.2  Liability of United States.

               Subpart 3734--Location and Assessment Work

3734.1  Owner of claim to file notice of location and assessment work.

              Subpart 3735--Prior Existing Mining Locations

3735.1  No limitation or restriction of rights under valid claims 
          located prior to withdrawal.
3735.2  No limitation of rights where claimant in diligent prosecution 
          of work when future withdrawals made.

                     Subpart 3736--Mining Operations

3736.1  Placer locator to conduct no mining operations for 60 days.
3736.2  Hearing; notice of protest.

                            Subpart 3737--Use

3737.1  Mining claim and millsite use.

              Subpart 3738--Surface Protection Requirements

3738.1  Bond or deposit required.
3738.2  Restoration of surface condition.

    Authority:  69 Stat. 681, 30 U.S.C. 621-625; 43 U.S.C. 1701 et seq.; 
30 U.S.C. 28f-k, 107 Stat. 405.



 Subpart 3730--Public Law 359; Mining in Powersite Withdrawals: General



Sec. 3730.0-1  Purpose; lands open.

    (a) The purpose of the Mining Claims Rights Restoration Act of 
August 11, 1955 (Act), is to permit the mining, development, and 
utilization of the mineral resources of all public lands withdrawn or 
reserved for power development and other purposes, except for lands 
that:
    (1) Are included in any project operating or being constructed under 
a license or permit issued under the Federal Power Act or other Act of 
Congress, or
    (2) Are under examination and survey by a prospective licensee of 
the Federal Energy Regulatory Commission under an uncancelled 
preliminary permit that has not been renewed more than once.
    (b) Locations made under the Act on lands withdrawn or reserved for 
power development within the revested Oregon and California Railroad and 
Reconveyed Coos Bay Wagon Road Grant Lands are also subject to the 
provisions of the Act of April 8, 1948 (62 Stat. 162). See subpart 3821 
of this title.
[59 FR 44856, Aug. 30, 1994]



 Sec. 3730.0-3  Authority.

    The authorities for the regulations in this part are the Act of 
August 11, 1955 (30 U.S.C. 621-625); Sec. 314 of the Act of October 21, 
1976 (43 U.S.C. 1744); 30 U.S.C. 28f-k, 107 Stat. 405.
[59 FR 44856, Aug. 30, 1994]



Sec. 3730.0-9  Information collection.

    (a) The collections of information contained in subpart 3730 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0110 and subsequently 
consolidated

[[Page 768]]

with 1004-0114. The information will enable the authorized officer to 
determine whether a mining claimant is qualified to hold a mining claim 
or site for the exploration, development, and utilization of minerals on 
all public lands that are withdrawn for power development. A response is 
required to obtain a benefit in accordance with the Act of August 11, 
1955 (30 U.S.C. 621-625), Section 314 of the Federal Land Policy and 
Management Act of 1976, as amended (43 U.S.C. 1744), and the Act of 
August 10, 1993 (Pub. L. 103-66, 107 Stat. 312).
    (b) Public reporting burden for this information is estimated to 
average 8 minutes per response, including time for reviewing 
instructions, searching existing records, gathering and maintaining the 
data collected, and completing and reviewing the information collected. 
Send comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden; to the Information Collection Clearance Officer (783), Bureau of 
Land Management, 1849 C St., NW, Washington, DC 20240; and the Office of 
Management and Budget, Paperwork Reduction Project, 1004-0114, 
Washington, DC 20503.
[58 FR 38196, July 15, 1993, as amended at 59 FR 44856, Aug. 30, 1994]



                       Subpart 3731--Power Rights



Sec. 3731.1  Power rights retained in the United States.

    (a) The Act in the first proviso provides as follows:

    That all power rights to such lands shall be retained by the United 
States.

    (1) Under this proviso every patent issued for such a location must 
contain a reservation unto the United States, its permittees or 
licensees of the right to enter upon, occupy and use, any part of the 
lands for power purposes without any claim or right to compensation 
accruing to the locator or successor in interest from the occupation or 
use of any of the lands within the location, for such purposes. 
Furthermore, the patent will contain a provision that the United States, 
its permittees and licensees shall not be responsible or held liable or 
incur any liability for the damage, destruction, or loss of any mining 
claim, mill site, facility installed or erected, income, or other 
property or investments resulting from the actual use of such lands or 
portions thereof for power development at any time where such power 
development is made by or under the authority of the United States, 
except where such damage, destruction, or loss results from the 
negligence of the United States, its permittees and licensees.
[35 FR 9736, June 13, 1970]



       Subpart 3732--Withdrawals Other Than for Powersite Purposes



Sec. 3732.1  Act ineffective as to other withdrawals.

    (a) The Act in section 2(c) provides as follows:

    Nothing in this act shall affect the validity of withdrawals or 
reservations for purposes other than power development.

    (b) If the power site lands are also affected by any other type of 
withdrawal which prevents mining location in whole or in part, the 
provisions of the Act apply only to the extent that the lands are 
otherwise open to location.
[35 FR 9737, June 13, 1970]



                     Subpart 3733--Risk of Operation



Sec. 3733.1  Financial risk of operation.

    The Act in section 3 provides in part as follows:

    Prospecting and exploration for and the development and utilization 
of mineral resources authorized in this act shall be entered into or 
continued at the financial risk of the individual party or parties 
undertaking such work.
[35 FR 9737, June 13, 1970]



Sec. 3733.2  Liability of United States.

    The Act in section 3 provides in part as follows:

    Provided, That the United States, its permittees and licensees shall 
not be responsible or held liable or incur any liability for the damage, 
destruction, or loss of any mining claim, mill site, facility installed 
or erected, income, or other property or investments resulting from the 
actual use of such

[[Page 769]]

lands or portions thereof for power development at any time where such 
power development is made by or under the authority of the United 
States, except where such damage, destruction, or loss results from the 
negligence of the United States, its permittees and licensees.
[35 FR 9737, June 13, 1970]



               Subpart 3734--Location and Assessment Work



Sec. 3734.1  Owner of claim to file notice of location and assessment work.

    (a) The owner of any unpatented mining claim, mill site, or tunnel 
site located on land described in Sec. 3730.0-1 (a) and (b), shall file 
all notices or certificates of location, amended notices or 
certificates, and transfers of interest, with the proper State Office of 
the Bureau of Land Management pursuant to Secs. 3833.1, 3833.3, 3833.4, 
and 3833.5 of this title, and pay the applicable maintenance, location, 
and service fees required by subpart 3833 of this title. The notice, 
certificate, transfer, or amendment thereto shall be marked by the owner 
to indicate that it is being filed pursuant to the Act of August 11, 
1955, the Act of April 8, 1948, or both, as required by Sec. 3833.5(c). 
Failure to so mark the location certificate will delay the procedures to 
authorize mining under subpart 3736.
    (b) Neither section 4 nor any other provision of the Act validates 
any mining location made prior to the act, which is invalid because made 
on lands after they were withdrawn or reserved for power purposes and 
before a favorable determination by the Federal Power Commission under 
section 24 of the Federal Power Act of June 10, 1920 (41 Stat. 1063; 
1075), as amended (16 U.S.C. 792; 818) and the opening or restoration of 
the lands to location. Section 4 applies to unpatented locations for 
lands referred to in Sec. 3730.0-3(a) only if:
    (1) The location was made on or after August 11, 1955, or
    (2) The location was made prior to August 11, 1955, and prior to the 
withdrawal or reservation of the lands for power purposes, or
    (3) The location was made prior to August 11, 1955, on lands 
restored to location from a powersite reserve or withdrawal subject to 
section 24 of the Federal Power Act.
    (c) The owner of any unpatented mining claim, mill site, or tunnel 
site located on land described in Sec. 3730.0-1 shall perform and record 
annual assessment work if he or she qualifies as a small miner under 
Sec. 3833.0-5(u) of this title or pay an annual maintenance fee of $100 
per unpatented mining claim, mill site, or tunnel site in lieu of the 
annual assessment work or notice of intention to hold, pursuant to 
subpart 3833 of this title.
[35 FR 9737, June 13, 1970, as amended at 58 FR 38196, July 15, 1993; 59 
FR 44856, Aug. 30, 1994]



              Subpart 3735--Prior Existing Mining Locations



Sec. 3735.1  No limitation or restriction of rights under valid claims located prior to withdrawal.

    (a) The Act in section 5 provides:

    Nothing in this act contained shall be construed to limit or 
restrict the rights of the owner or owners of any valid mining claim 
located prior to the date of withdrawal or reservation: Provided, That 
nothing in this act shall be construed to limit or restrict the rights 
of the owner or owners of any mining claim who are diligently working to 
make a discovery of valuable minerals at the time any future withdrawal 
or reservation for power development is made.

    (b) Although the Act does not limit or restrict the rights of owners 
of locations to which section 5 refers, such owners shall comply with 
section 4 by making the filings required either by paragraph (c) or (d) 
of Sec. 3734.1 whichever is applicable.
[35 FR 9737, June 13, 1970]



Sec. 3735.2  No limitation of rights where claimant in diligent prosecution of work when future withdrawals made.

    (a) Under section 5 of the Act the rights to a location made prior 
to any future withdrawal or reservation for power development or one on 
which the locator was diligently working to make a discovery of valuable 
minerals are not limited or restricted.
[35 FR 9737, June 13, 1970]

[[Page 770]]



                     Subpart 3736--Mining Operations



Sec. 3736.1  Placer locator to conduct no mining operations for 60 days.

    (a) The Act in section 2(b) provides in part as follows:

    The locator of a placer claim under this Act, however, shall conduct 
no mining operations for a period of sixty days after the filing of a 
notice of location pursuant to section 4 of this Act. If the Secretary 
of the Interior, within sixty days from the filing of the notice of 
location, notifies the locator by registered mail of the Secretary's 
intention to hold a public hearing to determine whether placer mining 
operations would substantially interfere with other uses of the land 
included within the placer claim, mining operations on that claim shall 
be further suspended until the Secretary has held the hearing and has 
issued an appropriate order. The order issued by the Secretary of the 
Interior shall provide for one of the following: (1) a complete 
prohibition of placer mining; (2) a permission to engage in placer 
mining upon the condition that the locator shall, following placer 
operations, restore the surface of the claim to the condition in which 
it was immediately prior to those operations; or (3) a general 
permission to engage in placer mining. No order by the Secretary with 
respect to such operations shall be valid unless a certified copy is 
filed in the same State or county office in which the locator's notice 
of location has been filed, in compliance with the United States mining 
laws.

    (b) Upon receipt of a notice of location of a placer claim filed in 
accordance with Sec. 3734.1 for land subject to location under the act, 
a determination will be made by the authorized officer of the Bureau of 
Land Management as to whether placer mining operations on the land may 
substantially interfere with other uses thereof. If it is determined 
that placer operations may substantially interfere with other uses, a 
notice of intention to hold a hearing will be sent to each of the 
locators by registered or certified mail within 60 days from date of 
filing of the location notice.
[35 FR 9737, June 13, 1970]



Sec. 3736.2  Hearing; notice of protest.

    (a) If a hearing is to be held, notice of the hearing will be 
delivered personally or by registered mail or certified mail to the 
locator of the placer claim. The notice will indicate the time and place 
of hearing. The procedures with respect to service of notice of hearing 
and conduct thereof shall follow the provisions of appeals and contests 
of the Department of the Interior (part 1850 of this title) in effect at 
the time the hearing is held. No publication of the notice will be 
required but a copy thereof shall be posted in the proper office of the 
Bureau of Land Management for a period of not less than 30 days prior to 
the date set for the hearing. The manager shall give such publicity to 
the hearing as may be done without expense to the Government.
    (b) Any party, other than a Federal agency, desiring to appear and 
testify at a hearing in protest to placer mining operations must file a 
written notice of protest in the proper office wherein the notice of 
hearing is posted. Such notice, accompanied by a $10 filing fee, must 
contain the party's name and address and a statement showing the nature 
of the party's interest in the use of the lands embraced within the 
mining claim. Each notice of protest must be filed within the period of 
time specified in the notice of hearing. The authorized officer shall 
forward a copy of each such notice that is filed to the mining locator 
prior to the hearing.
    (c) Following the hearing, the administrative law judge will render 
a decision, subject to the right of appeal by any person admitted as a 
party to the hearing in accordance with the provisions of appeals and 
contests of the Department of the Interior (part 1850 of this title). 
Each decision by an administrative lay judge, or upon appeal, shall 
provide for the issuance of an appropriate order as provided in section 
2(b) of the Act; but no such order shall issue until the decision, upon 
which it is based, becomes final. A certified copy of any order issued 
shall be filed in the same State or county office in which the location 
notice has been filed. Any such order permitting mining operations shall 
be filed at the expense of the mining locator.
[35 FR 9737, June 13, 1970]



                            Subpart 3737--Use



Sec. 3737.1  Mining claim and millsite use.

    (a) The Act in section 6 provides as follows:


[[Page 771]]


    Notwithstanding any other provisions of this act, all mining claims 
and mill sites or mineral rights located under the terms of this act or 
otherwise contained on the public lands as described in section 2 shall 
be used only for the purposes specified in section 2 and no facility or 
activity shall be erected or conducted thereon for other purposes.

    (b) Under this section, a mining claim or millsite may not be used 
for purposes other than for legitimate mining and milling. The claimant, 
therefore, may not erect on the mining claim any facility or activity 
such as filling stations, curio shops, cafes, tourist or hunting and 
fishing lodges, or conduct such businesses thereon.
[35 FR 9738, June 13, 1970]



              Subpart 3738--Surface Protection Requirements



Sec. 3738.1  Bond or deposit required.

    Should a limited order be issued under section 2(b)(2) of the Act, 
the locator is required to furnish a bond in a sum determined by the 
Administrative law judge. The bond must be either a corporate surety 
bond or a personal bond accompanied by cash or negotiable Federal 
securities equal at their par value to the amount of the penal sum of 
the bond, together with power-of-attorney to the Secretary of the 
Interior or his delegate.
[35 FR 9738, June 13, 1970]



Sec. 3738.2  Restoration of surface condition.

    If the locator fails or refuses to restore the surface, appropriate 
action will be taken against him and his surety, including the 
appropriation of any money deposited on personal bonds, to be used for 
the purpose of restoring the surface of the claim involved. Any moneys 
on deposit or received from surety in excess of the amount needed for 
the restoration of the surface of the particular claim shall be 
refunded.
[35 FR 9738, June 13, 1970]



PART 3740--PUBLIC LAW 585; MULTIPLE MINERAL DEVELOPMENT--Table of Contents




   Subpart 3740--Public Law 585, Multiple Mineral Development: General

Sec.
3740.0-1  Purpose.

               Subpart 3741--Claims, Locations and Patents

3741.1  Validation of certain mining claims.
3741.2  Preference mining locations.
3741.3  Additional evidence required with application for patent.
3741.4  Reservation to United States of Leasing Act minerals.
3741.5  Mining claims and millsites located on Leasing Act lands after 
          August 13, 1954.
3741.6  Acquisition of Leasing Act minerals in lands covered by mining 
          claims and millsites.

                 Subpart 3742--Procedures Under the Act

3742.1  Procedure to determine claims to Leasing Act minerals under 
          unpatented mining locations.
3742.2  Recordation of notice of application, offer, permit or lease.
3742.3  Publication of notice.
3742.3-1  Request for publication of notice of Leasing Act filing; 
          supporting instruments.
3742.3-2  Contents of published notice.
3742.3-3  Publication.
3742.3-4  Proof of publication.
3742.3-5  Mailing of copies of published notice.
3742.3-6  Service of copies; failure to comply.
3742.4  Failure of mining claimant to file verified statement.

                         Subpart 3743--Hearings

3743.1  Hearing procedures.
3743.2  Hearing: Time and place.
3743.3  Stipulation between parties.
3743.4  Effect of decision affirming a mining claimant's rights.

                     Subpart 3744--Claimant's Rights

3744.1  Recording by mining claimant of request for copy of notice.
3744.2  Relinquishment by mining claimant of Leasing Act minerals.

[[Page 772]]

                          Subpart 3745--Helium

3745.1  Helium Reserves Nos. 1 and 2; conditions of opening to mining 
          location and mineral leasing.

               Subpart 3746--Fissionable Source Materials

3746.1  Mining locations for fissionable source materials.



   Subpart 3740--Public Law 585, Multiple Mineral Development: General



Sec. 3740.0-1  Purpose.

    The Act of August 13, 1954 (68 Stat. 708, 30 U.S.C. 521 subpart), 
was enacted ``To amend the mineral leasing laws and the mining laws to 
provide for multiple mineral development of the same tracts of public 
lands, and for other purposes.'' The regulations in this part are 
intended to implement only those sections of said act, hereinafter more 
fully identified, which require action by the Department of the Interior 
or its agencies. The expression ``Act'' when used in this part, means 
the Act of August 13, 1954 (68 Stat. 708). The expression ``Leasing 
Act'', when used in this part, refers to the ``mineral leasing laws'' as 
defined in section 11 of the Act of August 13, 1954 (68 Stat 708).
[35 FR 9738, June 13, 1970]



               Subpart 3741--Claims, Locations and Patents

    Source:  35 FR 9738, June 13, 1970, unless otherwise noted.



Sec. 3741.1  Validation of certain mining claims.

    The Act in section 1(a) provides as follows:

    That (a) subject to the conditions and provisions of this Act and to 
any valid intervening rights acquired under the laws of the United 
States, any mining claim located under the mining laws of the United 
States subsequent to July 31, 1939, and prior to February 10, 1954, on 
lands of the United States, which at the time of location were--
    (1) Included in a permit or lease issued under the mineral leasing 
laws; or
    (2) Covered by an application or offer for a permit or lease which 
had been filed under the mineral leasing laws; or
    (3) Known to be valuable for minerals subject to disposition under 
the mineral leasing laws, shall be effective to the same extent in all 
respects as if such lands at the time of location, and at all times 
thereafter, had not been so included or covered or known: Provided, 
however, That, in order to be entitled to the benefits of this act, the 
owner of any such mining claim located prior to January 1, 1953, must 
have posted and filed for record, within the time allowed by the 
provisions of the Act of August 12, 1953 (67 Stat. 539) [not later than 
December 10, 1953.] an amended notice of location as to such mining 
claim, stating that such notice was filed pursuant to the provisions of 
said Act of August 12, 1953, and for the purpose of obtaining the 
benefits thereof: And provided further, That, in order to obtain the 
benefits of this act, the owner of any such mining claim located 
subsequent to December 31, 1952, and prior to February 10, 1954, not 
later than one hundred and twenty days after the date of enactment of 
this act, must post on such claim in the manner required for posting 
notice of location of mining claims and file for record in the office 
where the notice or certificate of location of such claim is of record 
an amended notice of location for such claim, stating that such notice 
is filed pursuant to the provisions of this act, and for the purpose of 
obtaining the benefits thereof and, within said one hundred and twenty 
day period, if such owner shall have filed a uranium lease application 
as to the tract covered by such mining claim, must file with the Atomic 
Energy Commission a withdrawal of such uranium lease application or, if 
a uranium lease shall have issued pursuant thereto, a release of such 
lease, and must record a notice of the filing of such withdrawal or 
release in the county office wherein such notice or certificate of 
location shall have been filed for record.



Sec. 3741.2  Preference mining locations.

    The Act in section 3(a) and (b) provides as follows:

    (a) Subject to the conditions and provisions of this Act and to any 
valid prior rights acquired under the laws of the United States, the 
owner of any pending uranium lease application or of any uranium lease 
shall have, for a period of one hundred and twenty days after the date 
of enactment of this act, as limited in subsection (b) of this section 
3, the right to locate mining claims upon the lands covered by said 
application or lease.
    (b) Any rights under any such mining claim so hereafter located 
pursuant to the provisions of subsection (a) of this section 3 shall be 
subject to any rights of the owner of any mining claim which was located 
prior to February 10, 1954, and which was valid at the date of the 
enactment of this Act or which

[[Page 773]]

may acquire validity under the provisions of this Act. As to any lands 
covered by a uranium lease and also by a pending uranium lease 
application, the right of mining location under this section 3, as 
between the owner of said lease and the owner of said application, shall 
be deemed as to such conflict area to be vested in the owner of said 
lease. As to any lands embraced in more than one such pending uranium 
lease application, such right of mining location, as between the owners 
of such conflicting applications, shall be deemed to be vested in the 
owner of the prior application. Priority of such an application shall be 
determined by the time of posting on a tract then available for such 
leasing of a notice of lease application in accordance with paragraph 
(c) of the Atomic Energy Commission's Domestic Uranium Program Circular 
7 (10 CFR 60.7(c)) provided there shall have been timely compliance with 
the other provisions of said paragraph (c) or, if there shall not have 
been such timely compliance, then by the time of the filing of the 
uranium lease application with the Atomic Energy Commission. Any rights 
under any mining claim located under the provisions of this section 3 
shall terminate at the expiration of thirty days after the filing for 
record of the notice or certificate of location of such mining claim 
unless, within said 30-day period, the owner of the uranium lease 
application or uranium lease upon which the location of such mining 
claim was predicated shall have filed with the Atomic Energy Commission 
a withdrawal of said application or a release of said lease and shall 
have recorded a notice of the filing of such withdrawal or release in 
the county office wherein such notice or certificate of location shall 
be of record.



Sec. 3741.3  Additional evidence required with application for patent.

    All questions between mining claimants asserting conflicting rights 
of possession under mining claims, must be adjudicated in the courts. 
Any applicant for mineral patent, who claims benefits under sections 1 
or 3 of this Act, or the Act of August 12, 1953, supra, in addition to 
matters required in Group 3800 of this chapter, must file with his 
Application for Patent a certified copy of each instrument required to 
have been recorded as to his mining claim in order to entitle it to such 
benefits unless an Abstract of Title or Certificate of Title filed with 
the Application for Patent shall set forth said instruments in full. If 
a mining claim was located on or after the date of this Act a statement 
must be filed showing that on the date of location the lands affected 
were not covered by a uranium lease or an application for a uranium 
lease. The applicant must also file a copy of the notice required to be 
posted on the claim and state in his application that such notice was 
duly posted in accordance with the requirements of the Act.



Sec. 3741.4  Reservation to United States of Leasing Act minerals.

    Section 4 of the Act provides that:

    Every mining claim or millsite--
    (1) Heretofore located under the mining laws of the United States 
which shall be entitled to benefits under the first three sections of 
this Act; or
    (2) Located under the mining laws of the United States after the 
effective date of passage of this Act, shall be subject, prior to 
issuance of a patent therefor, to a reservation to the United States of 
all Leasing Act minerals and of the right (as limited in section 6 
hereof) of the United States, its lessees, permittees, and licensees to 
enter upon the land covered by such mining claim or millsite and to 
prospect for, drill for, mine, treat, store, transport, and remove 
Leasing Act minerals and to use so much of the surface and subsurface of 
such mining claim or millsite as may be necessary for such purposes, and 
whenever reasonably necessary, for the purpose of prospecting for, 
drilling for, mining, treating, storing, transporting, and removing 
Leasing Act minerals on and from other lands; and any patent issued for 
any such mining claim or millsite shall contain such reservation as to, 
but only as to, such lands covered thereby which at the time of the 
issuance of such patent were--
    (a) Included in a permit or lease issued under the mineral leasing 
laws; or
    (b) Covered by an application or offer for a permit or lease filed 
under the mineral leasing laws; or
    (c) Known to be valuable for minerals subject to disposition under 
the mineral leasing laws.



Sec. 3741.5  Mining claims and millsites located on Leasing Act lands after August 13, 1954.

    Since enactment of the Act on August 13, 1954, and subject to its 
conditions and provisions, including the reservation of Leasing Act 
minerals to the United States as provided in section 4, mining claims 
and millsites may be located under the mining laws of the United States 
on lands of the United States which at the time of location are--

[[Page 774]]

    (a) Included in a permit or lease issued under the mineral leasing 
laws; or
    (b) Covered by an application or offer for a permit or lease filed 
under the mineral leasing laws; or
    (c) Known to be valuable for minerals subject to disposition under 
the mineral leasing laws: This is inclusive of lands in petroleum 
reserves, except Naval petroleum reserves;

to the same extent in all respects as if such lands were not so included 
or covered or known.



Sec. 3741.6  Acquisition of Leasing Act minerals in lands covered by mining claims and millsites.

    The Leasing Act minerals in lands covered by mining claims and 
millsites located after the date of the Act or validated pursuant to the 
Act may be acquired under the mineral leasing laws, upon appropriate 
application therefor being filed prior to the issuance of patent to such 
mining claims or millsites, or after the issuance of patent, if the 
patent contains a reservation of Leasing Act minerals to the United 
States as provided in section 4 of the Act.



                 Subpart 3742--Procedures Under the Act

    Source:  35 FR 9739, June 13, 1970, unless otherwise noted.



Sec. 3742.1  Procedure to determine claims to Leasing Act minerals under unpatented mining locations.

    Section 7 of the Act provides a procedure whereby a Leasing Act 
applicant, offeror, permittee or lessee may have determined the 
existence and validity of claims to Leasing Act minerals asserted under 
unpatented mining locations made prior to August 13, 1954, affecting 
lands embraced within such application, offer, permit or lease. This 
procedure is described in the succeeding regulations, and involves the 
prior recording of notice of such application, offer, permit or lease 
and the filing of a request for publication of notice of the same.



Sec. 3742.2  Recordation of notice of application, offer, permit or lease.

    Not less than 90 days prior to the filing of such request for 
publication, there must have been filed for record in the county office 
of record for each county in which lands covered thereby are situated, a 
notice of the filing of the application or offer, or of the issuance of 
the permit or lease, upon which said request for publication is based. 
Such notice must set forth the date of the filing of such application or 
offer or of the issuance of such permit or lease, the name and address 
of the applicant, offeror, permittee or lessee, and the description of 
the lands covered by such application, offer, permit or lease, showing 
the section or sections of the public land surveys which embrace such 
lands, or, if such lands are unsurveyed, either the section or sections 
which would probably embrace such lands when the public land surveys are 
extended to such lands, or a tie by courses and distances to an approved 
United States mineral monument.



Sec. 3742.3  Publication of notice.



Sec. 3742.3-1  Request for publication of notice of Leasing Act filing; supporting instruments.

    (a) Having complied with the requirement of Sec. 3742.2 the 
applicant, offeror, permittee or lessee may file a Request for 
Publication of notice of such party's application, offer, permit or 
lease. Such request for publication shall be filed in the proper office. 
No Request for Publication, or publication, may include lands in more 
than one District.
    (b) The filing of a Request for Publication must be accompanied by 
the following:
    (1) A certified copy of the Notice of Application, offer, permit or 
lease setting forth the date of recordation thereof. The date of 
recordation shall be presumed to have been the date when the notice was 
filed for record unless the certified copy of the notice shows otherwise 
or is accompanied by an affidavit of the person filing the request for 
publication showing that the notice was filed for record on a date prior 
to the date of recordation.

[[Page 775]]

    (2) An affidavit or affidavits of a person or persons over 21 years 
of age, setting forth that the affiant or affiants have examined the 
lands involved in a reasonable effort to ascertain whether any person or 
persons were in actual possession of or engaged in the working of the 
lands covered by such request or any part thereof. If no person or 
persons were found to be in actual possession of or engaged in the 
working of said lands or any part thereof, on the date of such 
examination, such affidavit or affidavits shall set forth such fact. If 
any person or persons were so found to be in actual possession or 
engaged in such working on the date of such examination, such affidavit 
or affidavits shall set forth the name and address of each such person 
unless the affiant shall have been unable, through reasonable inquiry, 
to obtain information as to the name and address of such person; in 
which event, the affidavit or affidavits shall set forth fully the 
nature and the results of such inquiry.
    (3) The certificate of a title or abstract company, or of a title 
abstractor, or of an attorney, based upon such company's, abstractor's 
or attorney's examination of the instruments affecting the lands 
involved, of record in the public records of the county in which said 
lands are situated as shown by the indices of the public records in the 
county office of record for said county, setting forth the name of any 
person disclosed by said instruments to have an interest in said lands 
under any unpatented mining claim located prior to enactment of the Act 
on August 13, 1954, together with the address of such person if 
disclosed by such instruments of record.
    (4) A nonrefundable $10 remittance to cover service charge.



Sec. 3742.3-2  Contents of published notice.

    The notice to be published as required by the preceding section, 
shall describe the lands covered by the application, offer, permit or 
lease in the same manner as is required under Sec. 3742.2 Such published 
notice shall notify whomever it may concern, that if any person claiming 
or asserting under, or by virtue of, any unpatented mining claim located 
prior to enactment of the Act of August 13, 1954, any right or interest 
in Leasing Act minerals as to such lands or any part thereof, shall fail 
to file in the office where such Request for Publication was filed 
(which office shall be specified in such notice), and within 150 days 
from the date of the first publication of such notice (which date shall 
be specified in such notice), a verified statement which shall set 
forth, as to such unpatented mining claim:
    (a) The date of location;
    (b) The book and page of recordation of the notice or certificate of 
location;
    (c) The section or sections of the public land surveys which embrace 
such mining claim; or if such lands are unsurveyed, either the section 
or sections which would probably embrace such mining claim when the 
public land surveys are extended to such lands or a tie by courses and 
distances to an approved United States mineral monument;
    (d) Whether such claimant is a locator or purchaser under such 
location; and
    (e) The name and address of such claimant and names and addresses so 
far as known to the claimant of any other person or persons claiming any 
interest or interests in or under such unpatented mining claim; such 
failure shall be conclusively deemed (1) to constitute a waiver and 
relinquishment by such mining claimant of any and all right, title, and 
interest under such mining claim as to, but only as to, Leasing Act 
minerals, and (2) to constitute a consent by such mining claimant that 
such mining claim and any patent issued therefor, shall be subject to 
the reservation of Leasing Act minerals specified in section 4 of the 
Act, and (3) to preclude thereafter any assertion by such mining 
claimant of any right or title to or interest in any Leasing Act mineral 
by reason of such mining claim.



Sec. 3742.3-3  Publication.

    (a) Upon receipt of a Request for Publication and accompanying 
instruments, if all is found regular, the Authorized officer, or the 
Director, as may be appropriate, at the expense of the requesting person 
(who prior to the commencement of publication must

[[Page 776]]

furnish the agreement of the publisher to hold such requesting person 
alone responsible for charges of publication), shall cause notice of the 
application, offer, permit or lease to be published in a newspaper, to 
be designated by the Authorized officer, or the Director, as may be 
appropriate, having general circulation in the county in which the lands 
involved are situated.
    (b) If such notice is published in a daily paper, it shall be 
published in the Wednesday issue for 9 consecutive weeks, or, if in a 
weekly paper, in 9 consecutive issues, or, if in a semi-weekly or tri-
weekly paper, in the issue of the same day of each week for 9 
consecutive weeks.



Sec. 3742.3-4  Proof of publication.

    After the period of newspaper publication has expired, the person 
requesting publication shall obtain from the office of the newspaper of 
publication, a sworn statement 1 that the notice was 
published at the time and in accordance with the requirements under 
these regulations of this part, and shall file such sworn statement in 
the office where the Request for Publication was filed.
---------------------------------------------------------------------------

     118 U.S.C. 1001 makes it a crime for any person 
knowingly and willfully to make to any department or agency of the 
United States any false, fictitious or fraudulent statements or 
representations as to any matter within its jurisdiction.
---------------------------------------------------------------------------



Sec. 3742.3-5  Mailing of copies of published notice.

    Within fifteen days after the date of first publication, the person 
requesting such publication shall:
    (a) Cause a copy of such notice to be personally delivered to or to 
be mailed by registered mail addressed to each person in possession or 
engaged in the working of the land whose name and address is shown by 
the affidavit or affidavits of examination of the land filed, as set 
forth in Sec. 3742.3-1.
    (b) Cause a copy of such notice to be personally delivered to or to 
be mailed by registered mail addressed to each person who may, on or 
before the date of first publication, have filed for record, as to any 
lands described in the published notice, a Request for Notices, as 
provided in subsection (d) of section 7 of the Act (see Sec. 3744.1);
    (c) Cause a copy of such notice to be mailed by registered mail to 
each person whose name and address is set forth in the certificate 
required to be filed under Sec. 3742.3-1; and
    (d) File in the office where the Request for Publication was filed 
an affidavit that copies have been delivered or mailed as herein 
specified. Notwithstanding the requirements in paragraphs (a), (b) and 
(c) of this section, not more than one copy of such notice need be 
delivered or mailed to the same person.



Sec. 3742.3-6  Service of copies; failure to comply.

    If any applicant, offeror, permittee or lessee requesting 
publication of notice under these regulations shall fail to comply with 
the requirements of section 7(a) of the Act as to personal delivery or 
mailing of a copy of the published notice to any person, the publication 
of such notice shall be deemed wholly ineffectual as to that person or 
as to the rights asserted by that person and the failure of that person 
to file a verified statement, as provided in such notice shall in no 
manner affect, diminish, prejudice or bar any rights of that person.



Sec. 3742.4  Failure of mining claimant to file verified statement.

    If any claimant under any unpatented mining claim located prior to 
enactment of the Act on August 13, 1954, which embraces any of the lands 
described in any notice published in accordance with the regulations in 
this part shall fail to file a verified statement, as specified in such 
published notice within one hundred and fifty days from the date of the 
first publication of such notice, such failure shall be conclusively 
deemed, except as otherwise provided in Sec. 3742.3-6.
    (a) To constitute a waiver and relinquishment by such mining 
claimant of any and all right, title, and interest under such mining 
claim as to, but only as to, Leasing Act minerals, and
    (b) To constitute a consent by such mining claimant that such mining 
claim and any patent issued therefor, shall be subject to the 
reservation of

[[Page 777]]

Leasing Act minerals specified in section 4 of the Act, and
    (c) To preclude thereafter any assertion by such mining claimant of 
any right or title to or interest in any Leasing Act minerals by reason 
of such mining claim.



                         Subpart 3743--Hearings

    Source:  35 FR 9741, June 13, 1970, unless otherwise noted.



Sec. 3743.1  Hearing procedures.

    The procedures with respect to notice of such hearing and the 
conduct thereof, and in respect to appeals, shall follow the provisions 
of Appeals and Contests of the Department of the Interior and the Bureau 
of Land Management (part 1850 of this chapter) relating to contests or 
protests affecting public lands of the United States.



Sec. 3743.2  Hearing: Time and place.

    If any verified statement shall be filed by a mining claimant then 
the authorized officer of the proper office, or the Director, as may be 
appropriate, shall fix a time and place for a hearing to determine the 
validity and effectiveness of the mining claimant's asserted right or 
interest in Leasing Act minerals. Such place of hearing shall be in the 
county where the lands in question, or part thereof, are located, unless 
the mining claimant agrees otherwise.



Sec. 3743.3  Stipulation between parties.

    If at any time prior to a hearing the person requesting publication 
of notice and any person filing a verified statement pursuant to such 
notice shall so stipulate, then to the extent so stipulated, but only to 
such extent, no hearing shall be held with respect to rights asserted 
under that verified statement, and to the extent defined by the 
stipulation the rights asserted under that verified statement shall be 
deemed to be unaffected by the notice published pursuant to that 
request.



Sec. 3743.4  Effect of decision affirming a mining claimant's rights.

    If, pursuant to a hearing held as provided in the regulations of 
this part, the final decision rendered in the matter shall affirm the 
validity and effectiveness of any mining claimant's right or interest 
under a mining claim as to Leasing Act minerals, then no subsequent 
proceedings under section 7 of the Act and the regulations of this part 
shall have any force or effect upon the so-affirmed right or interest of 
such mining claimant under such mining claim.



                     Subpart 3744--Claimant's Rights



Sec. 3744.1  Recording by mining claimant of request for copy of notice.

    Section 7(d) of the Act provides that:

    Any person claiming any right in Leasing Act minerals under or by 
virtue of any unpatented mining claim heretofore located and desiring to 
receive a copy of any notice of any application, offer, permit, or lease 
which may be published as above provided in subsection (a) of this 
section 7, and which may affect lands embraced in such mining claim, may 
cause to be filed for record in the county office of record where the 
notice or certificate of location of such mining claim shall have been 
recorded, a duly acknowledged request for a copy of any such notice. 
Such request for copies shall set forth the name and address of the 
person requesting copies and shall also set forth, as to each mining 
claim under which such person asserts rights in Leasing Act minerals:
    (1) The date of location;
    (2) The book and page of the recordation of the notice or 
certificate of location; and
    (3) The section or sections of the public land surveys which embrace 
such mining claim; or, if such lands are unsurveyed, either the section 
or sections which would probably embrace such mining claim when the 
public land surveys are extended to such lands or a tie by courses and 
distances to an approved United States mineral monument.
    Other than in respect to the requirements of subsection (a) of this 
section 7 as to personal delivery or mailing of copies of notices and in 
respect to the provisions of subsection (e) of this section 7, no such 
request for copies of published notices and no statement or allegation 
in such request and no recordation thereof shall affect title to any 
mining claim or to any land or be deemed to constitute constructive 
notice to any person that the person requesting copies has, or claims, 
any right, title, or interest in or under any mining claim referred to 
in such request.
[35 FR 9741, June 13, 1970]



Sec. 3744.2  Relinquishment by mining claimant of Leasing Act minerals.

    Section 8 of the Act provides that:


[[Page 778]]


    The owner or owners of any mining claim heretofore located may, at 
any time prior to issuance of patent therefor, waive and relinquish all 
rights thereunder to Leasing Act minerals. The execution and 
acknowledgment of such a waiver and relinquishment by such owner or 
owners and the recordation thereof in the office where the notice or 
certificate of location of such mining claim is of record shall render 
such mining claim thereafter subject to the reservation referred to in 
section 4 of this Act and any patent issued therefor shall contain such 
a reservation, but no such waiver or relinquishment shall be deemed in 
any manner to constitute any concession as to the date of priority of 
rights under said mining claim or as to the validity thereof.
[35 FR 9741, June 13, 1970]



                          Subpart 3745--Helium



Sec. 3745.1  Helium Reserves Nos. 1 and 2; conditions of opening to mining location and mineral leasing.

    (a) Section 9 of the Act provides that:

    Lands withdrawn from the public domain which are within (a) Helium 
Reserve Numbered 1, pursuant to Executive Orders of March 21, 1924, and 
January 28, 1926, and (b) Helium Reserve Numbered 2 pursuant to 
Executive Order 6184 of June 26, 1933, shall be subject to entry and 
location under the mining laws of the United States, and to permit and 
lease under the mineral leasing laws, upon determination by the 
Secretary of the Interior, based upon available geologic and other 
information, that there is no reasonable probability that operations 
pursuant to entry or location of the particular lands under the mining 
laws, or pursuant to a permit or lease of the particular lands under the 
Mineral Leasing Act, will result in the extraction or cause loss or 
waste of the helium-bearing gas in the lands of such reserves: Provided, 
That the lands shall not become subject to entry, location, permit, or 
lease until such time as the Secretary designates in an order published 
in the Federal Register: And provided further, That the Secretary may at 
any time as a condition to continued mineral operations require the 
entrymen, locator, permittee, or lessee to take such measures either 
above or below the surface of the lands as the Secretary deems necessary 
to prevent loss or waste of the helium-bearing gas.

    (b) No mining location made and no application for permit or lease 
filed as to Helium Reserve land prior to the time of opening specified 
in the notice of opening published in the Federal Register will confer 
any rights on the locator or applicant.
[35 FR 9741, June 13, 1970]



               Subpart 3746--Fissionable Source Materials



Sec. 3746.1  Mining locations for fissionable source materials.

    (a) In view of the amendment of section 5(b)(7) of the Atomic Energy 
Act of 1946 by section 10(c) of the Act of August 13, 1954 (68 Stat. 
708), and of the provisions of the Atomic Energy Act of 1954 (68 Stat. 
921), it is clear that after enactment of said Act of August 13, 1954, 
valid mining locations under the mining laws of the United States may be 
based upon a discovery of a mineral deposit which is a fissionable 
source material.
    (b) As to mining locations made prior to the enactment of said Act 
of August 13, 1954, section 10(d) of the act provides:

    (d) Notwithstanding the provisions of the Atomic Energy Act, and 
particularly sec. 5(b)(7) thereof, prior to its amendment hereby, or the 
provisions of the Act of August 12, 1953 (67 Stat. 539), and 
particularly sec. 3 thereof, any mining claim, heretofore located under 
the mining laws of the United States for or based upon a discovery of a 
mineral deposit which is a fissionable source material and which, except 
for the possible contrary construction of said Atomic Energy Act, would 
have been locatable under such mining laws, shall, insofar as adversely 
affected by such possible contrary construction, be valid and effective, 
in all respects to the same extent as if said mineral deposit were a 
locatable mineral deposit other than a fissionable source material.
[35 FR 9741, June 13, 1970, as amended at 41 FR 50690, Nov. 17, 1976]



         Group 3800--Mining Claims Under the General Mining Laws

    Note: The information collection requirements contained in parts 
3800, 3810, 3820, 3830, 3860 and 3870 of Group 3800 have been approved 
by the Office of Management and Budget under 44 U.S.C. 3507 and assigned 
clearance numbers 1004-0025, 1004-0104, 1004-0110 and 1004-0114. The 
information is being collected to permit the authorized officer to 
review certain proposed mining activities to ensure that they provide 
adequate protection of the public lands and their resources. The

[[Page 779]]

information will be used to make this determination. A response is 
required to obtain a benefit.

(See 48 FR 40890, Sept. 12, 1983)



PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS--Table of Contents




     Subpart 3802--Exploration and Mining, Wilderness Review Program

Sec.
3802.0-1  Purpose.
3802.0-2  Objectives.
3802.0-3  Authority.
3802.0-5  Definitions.
3802.0-6  Policy.
3802.0-7  Scope.
3802.1  Plan of operations.
3802.1-1  When required.
3802.1-2  When not required.
3802.1-3  Operations existing on October 21, 1976.
3802.1-4  Contents of plan of operations.
3802.1-5  Plan approval.
3802.1-6  Modification of plan.
3802.1-7  Existing operations.
3802.2  Bond requirements.
3802.3  Environmental protection.
3802.3-1  Environmental assessment.
3802.3-2  Requirements for environmental protection.
3802.4  General provisions.
3802.4-1  Noncompliance.
3802.4-2  Access.
3802.4-3  Multiple-use conflicts.
3802.4-4  Fire prevention and control.
3802.4-5  Maintenance and public safety.
3802.4-6  Inspection.
3802.4-7  Notice of suspension of operations.
3802.4-8  Cessation of operations.
3802.5  Appeals.
3802.6  Public availability of information.

                    Subpart 3809--Surface Management

                                 General

3809.0-1  Purpose.
3809.0-2  Objectives.
3809.0-3  Authority.
3809.0-5  Definitions.
3809.0-6  Policy.
3809.0-9  Information collection.
3809.1  Operations.
3809.1-1  Reclamation.
3809.1-2  Casual use: Negligible disturbance.
3809.1-3  Notice: Disturbance of 5 acres or less.
3809.1-4  Plan of operations: When required.
3809.1-5  Filing and contents of plan of operations.
3809.1-6  Plan approval.
3809.1-7  Modification of plan.
3809.1-9  Financial guarantees.
3809.2  Prevention of unnecessary or undue degradation.
3809.2-1  Environmental assessment.
3809.2-2  Other requirements for environmental protection.
3809.3  General provisions.
3809.3-1  Applicability of State law.
3809.3-2  Noncompliance.
3809.3-3  Access.
3809.3-4  Fire prevention and control.
3809.3-5  Maintenance and public safety.
3809.3-6  Inspection.
3809.3-7  Periods of non-operation.
3809.4  Appeals.
3809.5  Public availability of information.
3809.6  Special provisions relating to mining claims patented within the 
          boundaries of the California Desert Conservation Area.

    Authority:  16 U.S.C. 351; 16 U.S.C. 460y-4; 30 U.S.C. 22; 31 U.S.C. 
9701; 43 U.S.C. 154; 43 U.S.C. 299; 43 U.S.C. 1201; 43 U.S.C. 1740; 30 
U.S.C. 28k.

    Source:  45 FR 13974, Mar. 3, 1980, unless otherwise noted.



     Subpart 3802--Exploration and Mining, Wilderness Review Program



Sec. 3802.0-1  Purpose.

    The purpose of this subpart is to establish procedures to prevent 
impairment of the suitability of lands under wilderness review for 
inclusion in the wilderness system and to prevent unnecessary or undue 
degradation by activities authorized by the U.S. Mining Laws and provide 
for environmental protection of the public lands and resources.



Sec. 3802.0-2  Objectives.

    The objectives of this subpart are to:
    (a) Allow mining claim location, prospecting, and mining operations 
in lands under wilderness review pursuant to the U.S Mining Laws, but 
only in a manner that will not impair the suitability of an area for 
inclusion in the wilderness system unless otherwise permitted by law; 
and
    (b) Assure management programs that reflect consistency between the 
U.S. Mining Laws, and other appropriate statutes.



Sec. 3802.0-3  Authority.

    These regulations are issued under the authority of sections 302 and 
603 of

[[Page 780]]

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 
1733, and 1782).



Sec. 3802.0-5  Definitions.

    As used in this subpart, the term:
    (a) Reclamation, which shall be commenced, conducted and completed 
as soon after disturbance as feasible without undue physical 
interference with mining operations, means:
    (1) Reshaping of the lands disturbed and affected by mining 
operations to the approximate original contour or to an appropriate 
contour considering the surrounding topography as determined by the 
authorized officer;
    (2) Restoring such reshaped lands by replacement of topsoil; and
    (3) Revegetating the lands by using species previously occurring in 
the area to provide a vegetative cover at least to the point where 
natural succession is occuring.
    (b) Environment means surface and subsurface resources both tangible 
and intangible, including air, water, mineral, scenic, cultural, 
paleontological, vegetative, soil, wildlife, fish and wilderness values.
    (c) Wilderness Study Area means a roadless area of 5,000 acres or 
more or roadless islands which have been found through the Bureau of 
Land Management wilderness inventory process to have wilderness 
characteristics (thus having the potential of being included in the 
National Wilderness Preservation System), and which will be subjected to 
intensive analysis through the Bureau's planning system, and through 
public review to determine wilderness suitability, and is not yet the 
subject of a Congressional decision regarding its designation as 
wilderness.
    (d) Impairment of suitability for inclusion in the Wilderness System 
means taking actions that cause impacts, that cannot be reclaimed to the 
point of being substantially unnoticeable in the area as a whole by the 
time the Secretary is scheduled to make a recommendation to the 
President on the suitability of a wilderness study area for inclusion in 
the National Wilderness Preservation System or have degraded wilderness 
values so far, compared with the area's values for other purposes, as to 
significantly constrain the Secretary's recommendation with respect to 
the area's suitability for preservation as wilderness.
    (e) Mining claim means any unpatented mining claim, millsite, or 
tunnel site authorized by the U.S. mining laws.
    (f) Mining operations means all functions, work, facilities, and 
activities in connection with the prospecting, development, extraction, 
and processing of mineral deposits and all uses reasonably incident 
thereto including the construction and maintenance of means of access to 
and across lands subject to these regulations, whether the operations 
take place on or off the claim.
    (g) Operator means a person conducting or proposing to conduct 
mining operations.
    (h) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this subpart.
    (i) Wilderness inventory means an evaluation conducted under BLM 
wilderness inventory procedures which results in a written description 
and map showing those lands that meet the wilderness criteria 
established under section 603(a) of the Federal Land Policy and 
Management Act.
    (j) Manner and degree means that existing operations will be defined 
geographically by the area of active development and the logical 
adjacent (not necessarily contiguous) continuation of the existing 
activity, and not necessarily by the boundary of a particular, claim or 
lease, and in some cases a change in the kind of activity if the impacts 
from the continuation and change of activity are not of a significantly 
different kind than the existing impacts. However, the significant 
measure for these activities is still the impact they are having on the 
wilderness potential of an area. It is the actual use of the area, and 
not the existence of an entitlement for use, which is the controlling 
factor. In other words, an existing activity, even if impairing, may 
continue to be expanded in an area or progress to the next stage of 
development so long as the additional impacts are not significantly 
different

[[Page 781]]

from those caused by the existing activity. In determining the manner 
and degree of existing operations, a rule of reason will be employed.
    (k) Valid existing right means a valid discovery had been made on a 
mining claim on October 21, 1976, and continues to be valid at the time 
of exercise.
    (l) Undue and unnecessary degradation means impacts greater than 
those that would normally be expected from an activity being 
accomplished in compliance with current standards and regulations and 
based on sound practices, including use of the best reasonably available 
technology.
    (m) Substantially unnoticeable means something that either is so 
insignificant as to be only a very minor feature of the overall area or 
is not distinctly recognizable by the average visitor as being manmade 
or man-caused because of age, weathering or biological change.



Sec. 3802.0-6  Policy.

    Under the 1872 Mining Law (30 U.S.C. 22 et seq.), a person has a 
statutory right consistent with other laws and Departmental regulations, 
to go upon the open (unappropriated and unreserved) public lands for the 
purpose of mineral prospecting, exploration, development, and 
extraction. The Federal Land Policy and management Act requires the 
Secretary to regulate mining operations in lands under wilderness review 
to prevent impairment of the suitability of these areas for inclusion in 
the wilderness system. However, mining operations occurring in the same 
manner and degree that were being conducted on October 21, 1976, may 
continue, even if they are determined to be impairing. Mining activities 
not exceeding manner and degree shall be regulated only to prevent undue 
and unnecessary degradation of public lands.



Sec. 3802.0-7  Scope.

    (a) These regulations apply to mining operations conducted under the 
United States mining laws, as they affect the resources and environment 
or wilderness suitability of lands under wilderness review.
    (b) These regulations apply to means of access across public land 
for the purpose of conducting operations under the U.S. mining laws.



Sec. 3802.1  Plan of operations.

    An approved plan shall include appropriate environmental protection 
and reclamation measures selected by the authorized officer that shall 
be carried out by the operator. An operator may prepare and submit with 
a plan measures for the reclamation of the affected area.



Sec. 3802.1-1  When required.

    An approved plan of operations is required for operations within 
lands under wilderness review prior to commencing:
    (a) Any mining operations which involve construction of means of 
access, including bridges, landing areas for aircraft, or improving or 
maintaining such access facilities in a way that alters the alignment, 
width, gradient size, or character of such facilities;
    (b) Any mining operations which destroy trees 2 or more inches in 
diameter at the base;
    (c) Mining operations using tracked vehicles or mechanized earth 
moving equipment, such as bulldozers or backhoes;
    (d) Any operations using motorized vehicles over other than open use 
areas and trails as defined in subpart 6292 of this title, off-road 
vehicles, unless the use of a motorized vehicle can be covered by a 
temporory use permit issued under subpart 8372 of this title;
    (e) The construction or placing of any mobile, portable or fixed 
structure on public land for more than 30 days;
    (f) On mining operations requiring the use of explosives; or
    (g) Any operation which may cause changes in a water course.



Sec. 3802.1-2  When not required.

    A plan of operations under this subpart is not required for--
    (a) Searching for and occasionally removing mineral samples or 
specimens;
    (b) Operating motorized vehicles over open use areas and trails as 
defined in 43 CFR part 8340 so long as the vehicles conform to the 
operating regulations and vehicle standards contained in that subpart;

[[Page 782]]

    (c) Maintaining or making minor improvements of existing access 
routes, bridges, landing areas for aircraft, or other facilities for 
access where such improvements or maintenance shall not alter the 
alignment, width, gradient, size or character of such facilities; or
    (d) Making geological, radiometric, geochemical, geophysical or 
other tests and measurements using instruments, devices, or drilling 
equipment which are transported without using mechanized earth moving 
equipment or tracked vehicles.



Sec. 3802.1-3  Operations existing on October 21, 1976.

    A plan of operations shall not be required for operations that were 
being conducted on October 21, 1976, unless the operation is undergoing 
changes that exceed the manner and degree of operations on October 21, 
1976. However, if the authorized officer determines that operations in 
the same manner and degree are causing undue or unnecessary degradation 
of lands and resources or adverse environmental effects, an approved 
plan containing protective measures may be required. Any changes planned 
in an existing operation that would result in operations exceeding the 
present manner and degree shall be delayed until the plan is processed 
under provisions of Sec. 3802.1-5 of this title.



Sec. 3802.1-4  Contents of plan of operations.

    (a) A plan of operations shall be filed in the District Office of 
the Bureau of Land Management in which the claim is located.
    (b) No special form is required to file a plan of operations.
    (c) The plan of operations shall include--
    (1) The name and mailing address of both the person for whom the 
operation will be conducted, and the person who will be in charge of the 
operation and should be contacted concerning the reclamation or other 
aspects of the operation (any change in the mailing address shall be 
reported promptly to the authorized officer);
    (2) A map, preferably a topographic map, or sketch showing present 
road, bridge or aircraft landing area locations, proposed road, bridge 
or aircraft landing area locations, and size of areas where surface 
resources will be disturbed;
    (3) Information sufficient to describe either the entire operation 
proposed or reasonably foreseeable operations and how they would be 
conducted, including the nature and location of proposed structures and 
facilities;
    (4) The type and condition of existing and proposed means of access 
or aircraft landing areas, the means of transportation used or to be 
used, and the estimated period during which the proposed activity will 
take place;
    (5) If and when applicable, the serial number assigned to the mining 
claim, mill or tunnel site filed pursuant to subpart 3833 of this title.



Sec. 3802.1-5  Plan approval.

    (a) The authorized officer shall promptly aknowledge the receipt of 
a plan of operations and within 30 days of receipt of the plan act on 
the plan of operations to determine its acceptability.
    (b) The authorized officer shall review the plan of operations to 
determine if the operations are impairing the suitability of the area 
for preservation as wilderness. Pending approval of the plan of 
operations, mining operations may continue in a manner that minimizes 
environmental impacts as prescribed in Sec. 3802.3 of this title. After 
completing the review of the plan of operations, the authorized officer 
shall give the operator written notice that:
    (1) The plan is approved subject to measures that will prevent the 
impairment of the suitability of the area for preservation as wilderness 
as determined by the authorized officer;
    (2) Plans covering operations on a claim with a valid existing right 
are approved subject to measures that will prevent undue and unnecessary 
degradation of the area; or
    (3) The anticipated impacts of the mining operations are such that 
all or part of further operations will impair the suitability of the 
area for preservation as wilderness, the plan is disapproved and 
continuance of such operations is not allowed.

[[Page 783]]

    (c) Upon receipt of a plan of operations for mining activities 
commencing after the effective date of these regulations, the authorized 
officer may notify the operator, in writing, that:
    (1) In an area of lands under wilderness review where an inventory 
has not been completed, an operator may agree to operate under a plan of 
operations that includes terms and conditions that would be applicable 
in a wilderness study area. Without an agreement to this effect, no 
action may be taken on the plan until a wilderness inventory is 
completed;
    (2) The area has been inventoried and a final decision has been 
issued and become effective that the area does not contain wilderness 
characteristics, and that the mining operations are no longer subject to 
these regulations; or
    (3) The anticipated impacts are such that all or part of the 
proposed mining operations will impair the suitability of the area for 
preservation as wilderness, and therefore, the proposed mining operation 
cannot be allowed.
    (d) In addition to paragraphs (a) through (c) of this section, the 
following general plan approval procedures may also apply. The 
authorized officer may notify the operator, in writing, that:
    (1) The plan of operations is unacceptable and the reasons 
therefore;
    (2) Modification of the plan of operations is necessary to meet the 
requirements of these regulations;
    (3) The plan of operations is being reviewed, but that more time, 
not to exceed an additional 60 days, is necessary to complete such 
review, setting forth the reasons why additional time is needed except 
in those instances where it is determined that an Environmental Impact 
Statement, compliance with section 106 of the National Historic 
Preservation Act (NHPA) or section 7 of the Endangered Species Act is 
needed. Periods during which the area of operations is inaccessible for 
inspection due to climatic conditions, fire hazards or other physical 
conditions or legal impediments, shall not be included when counting the 
60 calendar day period; or
    (4) The proposed operations do not require a plan of operations.
    (e) If the authorized officer does not notify the operator of any 
action on the plan of operations within the 30-day period, or the 60-day 
extension, or notify the operator of the need for an Environmental 
Impact Statement or compliance with section 106 of NHPA or section 7 of 
the Endangered Species Act, operations under the plan may begin. The 
option to begin operations under this section does not constitute 
approval of a plan of operations. However, if the authorized officer at 
a later date finds that operations under the plan are impairing 
wilderness suitability, the authorized officer shall notify the operator 
that the operations are not in compliance with these regulations and 
what changes are needed, and shall require the operator to submit a 
modified plan of operations, within a time specified in the notice. If 
the operator is notified of the need for an Environmental Impact 
Statement, the plan of operations shall not be approved before 30 days 
after a final statement is prepared and filed with the Environmental 
Protection Agency. If the is operator notified of the need for 
compliance with section 106 of the NHPA or section 7 of the Endangered 
Species Act, the plan of operations shall not be approved until the 
compliance responsibilities of the Bureau of Land Management are 
satisfied.
    (f) If cultural resource properties listed on or eligible for 
listing on the National Register of Historic Places are within the area 
of operations, no operations which would affect those resources shall be 
approved until compliance with section 106 of the National Historic 
Preservation Act is accomplished. The operator is not required to do or 
to pay for an inventory. The responsibility and cost of the cultural 
resource mitigation, except as provided in Sec. 3802.3-2(f) of this 
title, included in an approved plan of operation shall be the 
operator's.
    (g) Pending final approval of the plan of operations, the authorized 
officer may approve any operations that may be necessary for timely 
compliance with requirements of Federal and State laws. Such operations 
shall be conducted so as to prevent impairment of wilderness suitability 
and to minimize environmental impacts as prescribed

[[Page 784]]

by the authorized officer in accordance with the standards contained in 
Sec. 3802.3 of this title.



Sec. 3802.1-6  Modification of plan.

    (a) If the development of a plan for an entire operation is not 
possible, the operator shall file an initial plan setting forth this 
proposed operation to the degree reasonably foreseeable at that time. 
Thereafter, the operator shall file a supplemental plan or plans prior 
to undertaking any operations not covered by the initial plan.
    (b) At any time during operations under an approved plan of 
operations, the authorized officer or the operator may initiate a 
modification of the plan detailing any necessary changes that were 
unforeseen at the time of filing of the plan of operations. If the 
operator does not furnish a proposed modification within a time 
considered reasonable by the authorized officer, the authorized officer 
may recommend to the State Director that the operator be required to 
submit a proposed modification of the plan. The recommendation of the 
authorized officer shall be accompanied by a statement setting forth the 
supporting facts and reasons for his recommendations. In acting upon 
such recommendation, except in the case of a modification under 
Sec. 3802.1-5(e) of this title, the State Director shall determine (1) 
whether all reasonable measures were taken by the authorized officer to 
predict the environmental impacts of the proposed operations; (2) 
whether the disturbance is or may become of such significance as to 
require modification of the plan of operations in order to meet the 
requirement for environmental protection specified in Sec. 3802.3-2 of 
this title, and (3) whether the disturbance can be minimized using 
reasonable means. Lacking such a determination by the State Director, an 
operator is not required to submit a proposed modification of an 
approved plan of operations. Operations may continue in accordance with 
the approved plan of operations until a modified plan is approved, 
unless the State Director determines that the operations are causing 
impairment or unnecessary or undue degradation to surface resources. He 
shall advise the operator of those measures needed to avoid such damage 
and the operator shall immediately take all necessary steps to implement 
measures recommended by the State Director.
    (c) A supplemental plan of operations or a modification of an 
approved plan of operations shall be approved by the authorized officer 
in the same manner as the initial plan of operations.



Sec. 3802.1-7  Existing operations.

    (a) Persons conducting mining operations on the effective date of 
these regulations, who would be required to submit a plan of operations 
under Sec. 3802.1-1 of this title, may continue operations but shall, 
within 60 days after the effective date of these regulations, submit a 
plan of operations. Upon a showing of good cause, the authorized officer 
shall grant an extension of time to submit a plan of operations not to 
exceed an additional 180 days.
    (b) Operations may continue according to the submitted plan of 
operations during its review unless the operator is notified otherwise 
by the authorized officer.
    (c) Upon approval of a plan of operations, mining operations shall 
be conducted in accordance with the approved plan.



Sec. 3802.2  Bond requirements.

    (a) Any operator who conducts mining operations under an approved 
plan of operations shall, if required to do so by the authorized 
officer, furnish a bond in an amount determined by the authorized 
officer. The authorized officer may determine not to require a bond 
where mining operations would cause nominal environmental damage, or the 
operator has an excellent past record for reclamation. In determining 
the amount of the bond, the authorized officer shall consider the 
estimated cost of stabilizing and reclaiming all areas disturbed by the 
operations consistent with Sec. 3802.3-2(h) of this title.
    (b) In lieu of a bond, the operator may deposit and maintain in a 
Federal depository account of the United States Treasury, as directed by 
the authorized officer, cash in an amount equal to the required dollar 
amount of the bond or negotiable securities of the United States having 
a face and market value at the time of deposit of not

[[Page 785]]

less than the required dollar amount of the bond.
    (c) In place of the individual bond on each separate operation, a 
blanket bond covering hardrock mining operations may be furnished, at 
the option of the operator, if the terms and conditions as determined by 
the authorized officer are sufficient to comply with these regulations.
    (d) In the event that an approved plan of operations is modified in 
accordance with Sec. 3802.1-5 of this title, the authorized officer 
shall review the initial bond for adequacy and, if necessary, shall 
require that the amount of bond be adjusted to conform to the plan of 
operations, as modified.
    (e) When a mining claim is patented, except for the California 
Desert Conservation Area, the authorized officer shall release the 
operator from that portion of the performance bond and plan of 
operations which applies to operations within the boundaries of the 
patented land. The authorized officer shall release the operator from 
the remainder of the performance bond and plan of operations (covering 
approved means of access outside the boundaries of the mining claim) 
when the operator has either completed reclamation in accordance with 
paragraph (f) of this section or those requirements are waived by the 
authorized officer.
    (f) When all or any portion of the reclamation has been completed in 
accordance with paragraph (h) of Sec. 3802.3-2 of this title, the 
operator shall notify the authorized officer who shall promptly make a 
joint inspection with the operator. The authorized officer shall then 
notify the operator whether the performance under the plan of operations 
is accepted. When the authorized officer has accepted as completed any 
portion of the reclamation, he shall reduce proportionally the amount of 
bond with respect to the remaining reclamation.



Sec. 3802.3  Environmental protection.



Sec. 3802.3-1  Environmental assessment.

    (a) When a plan of operations or significant modification is filed, 
the authorized officer shall make an environmental assessment to 
identify the impacts of the proposed mining operations upon the 
environment and to determine whether the proposed activity will impair 
the suitability of the area for preservation as wilderness or cause 
unnecessary and undue degradation and whether an environmental impact 
statement is required.
    (b) Following completion of the environmental assessment or the 
environmental impact statement, the authorized officer shall develop 
measures deemed necessary for inclusion in the plan of operations that 
will prevent impairment of wilderness suitability and undue or 
unnecessary degradation of land and resources.
    (c) If as a result of the environment assessment, the authorized 
officer determines that there is substantial public interest in the 
proposed mining operations, the operator may be notified that an 
additional period of time is required to consider public comments. The 
period shall not exceed the additional 60 days provided for approval of 
a plan in Sec. 3802.1-4 of this title except as provided for cases 
requiring an environmental impact statement, a cultural resource 
inventory or section 7 of the Endangered Species Act.



Sec. 3802.3-2  Requirements for environmental protection.

    (a) Air quality. The operator shall comply with applicable Federal 
and State air quality standards, including the requirements of the Clean 
Air Act (42 U.S.C. 1857 et seq.).
    (b) Water quality. The operator shall comply with applicable Federal 
and State water quality standards, including regulations issued pursuant 
to the Federal Water Pollution Control Act (33 U.S.C. 1151 et seq.).
    (c) Solid wastes. The operator shall comply with applicable Federal 
and State standards for the disposal and treatment of solid wastes. All 
garbage, refuse, or waste shall either be removed from the affected 
lands or disposed or treated to minimize, so far as is practicable, its 
impact on the environment and the surface resources. All tailings, waste 
rock, trash, deleterious materials of substances and other waste 
produced by operations shall be deployed, arranged, disposed or treated 
to minimize adverse impact upon the

[[Page 786]]

environment, surface and subsurface resources.
    (d) Visual resources. The operator shall, to the extent practicable, 
harmonize operations with the visual resources, identified by the 
authorized officer, through such measures as the design, location of 
operating facilities and improvements to blend with the landscape.
    (e) Fisheries, wildlife and plant habitat. The operator shall take 
such action as may be needed to minimize or prevent adverse impact upon 
plants, fish, and wildlife, including threatened or endangered species, 
and their habitat which may be affected by the operations.
    (f) Cultural and paleontological resources. (1) The operator shall 
not knowingly disturb, alter, injure, destroy or take any scientifically 
important paleontological remains or any historical, archaeological, or 
cultural district, site, structure, building or object.
    (2) The operator shall immediately bring to the attention of the 
authorized officer any such cultural and/or paleontological resources 
that might be altered or destroyed by his operation, and shall leave 
such discovery intact until told to proceed by the authorized officer. 
The authorized officer shall evaluate the discoveries brought to his 
attention, and determine within 10 working days what action shall be 
taken with respect to such discoveries.
    (3) The responsibility and the cost of investigations and salvage of 
such values discovered during approved operations shall be the Federal 
Goverment's.
    (g) Access routes. No new access routes that would cause more than 
temporary impact and therefore would impair wilderness suitability shall 
be constructed in a wilderness study area. Temporary access routes that 
are constructed by the operator shall be constructed and maintained to 
assure adequate drainage and to control or prevent damage to soil, 
water, and other resource values. Unless otherwise approved by the 
authorized officer, roads no longer needed for operations shall be 
closed to normal vehicular traffic; bridges and culverts shall be 
removed; cross drains, dips, or water bars shall be constructed, and the 
road surface shall be shaped to as near a natural contour as 
practicable, be stabilized and revegetated as required in the plan of 
operations.
    (h) Reclamation. (1) The operator shall perform reclamation of those 
lands disturbed or affected by the mining operation conducted by the 
operator under an approved plan of operations containing reclamation 
measures stipulated by the authorized officer as contemporaneously as 
feasible with operations. The disturbance or effect on mined land shall 
not include that caused by separate operations in areas abandoned before 
the effective date of these regulations.
    (2) An operator may propose and submit with his plan of operations 
measures for reclamation of the affected area.
    (i) Protection of survey monuments. The operator shall, to the 
extent practicable and consistent with the operation, protect all survey 
monuments, witness corners, reference monuments, bearing trees and line 
trees against destruction, obliteration, or damage from the approved 
operations. If, in the course of operations, any monuments, corners or 
accessories are destroyed, obliterated or damaged by such operations, 
the operator shall immediately report the matter to the authorized 
officer. The authorized officer shall prescribe in writing the 
requirement for the restoration or reestablishment of monuments, 
corners, bearing trees, and line trees.



Sec. 3802.4  General provisions.



Sec. 3802.4-1  Noncompliance.

    (a) An operator who conducts mining operations undertaken either 
without an approved plan of operations or without taking actions 
specified in a notice of noncompliance within the time specified therein 
may be enjoined by an appropriate court order from continuing such 
operations and be liable for damages for such unlawful acts.
    (b) Whenever the authorized officer determines that an operator is 
failing or has failed to comply with the requirements of an approved 
plan of operations, or with the provisions of these regulations and that 
noncompliance is

[[Page 787]]

causing impairment of wilderness suitability or unnecessary and undue 
degradation of the resources of the lands involved, the authorized 
officer shall serve a notice of noncompliance upon the operator by 
delivery in person to the operator or the operator's authorized agent, 
or by certified mail addressed to the operator's last known address.
    (c) A notice of noncompliance shall specify in what respects the 
operator is failing or has failed to comply with the requirements of the 
plan of operations of the provisions of applicable regulations, and 
shall specify the actions which are in violation of the plan or 
regulations and the actions which shall be taken to correct the 
noncompliance and the time limits, not to exceed 30 days, within which 
corrective action shall be taken.



Sec. 3802.4-2  Access.

    (a) An operator is entitled to non-exclusive access to his mining 
operations consistent with provisions of the United States mining laws 
and Departmental regulations.
    (b) In approving access as part of a plan of operations, the 
authorized officer shall specify the location of the access route, the 
design, construction, operation and maintenance standards, means of 
transportation, and other conditions necessary to prevent impairment of 
wilderness suitability, protect the environment, the public health or 
safety, Federal property and economic interests, and the interests of 
other lawful users of adjacent lands or lands traversed by the access 
route. The authorized officer may also require the operator to utilize 
existing access routes in order to minimize the number of separate 
rights-of-way, and, if practicable, to construct access routes within a 
designated transportation and utility corridor. When commercial hauling 
is involved and the use of an existing access route is required, the 
authorized officer may require the operator to make appropriate 
arrangements for use and maintenance.



Sec. 3802.4-3  Multiple-use conflicts.

    In the event that uses under any lease, license, permit, or other 
authorization pursuant to the provisions of any other law, shall 
conflict, interfere with, or endanger operations in approved plans or 
otherwise authorized by these regulations, the conflicts shall be 
reconciled, as much as practicable, by the authorized officer.



Sec. 3802.4-4  Fire prevention and control.

    The operator shall comply with all applicable Federal and State fire 
laws and regulations, and shall take all reasonable measures to prevent 
and suppress fires on the area of mining operations.



Sec. 3802.4-5  Maintenance and public safety.

    During all operations, the operator shall maintain his structures, 
equipment, and other facilities in a safe and orderly manner. Hazardous 
sites or conditions resulting from operations shall be marked by signs, 
fenced, or otherwise identified to protect the public in accordance with 
applicable Federal and State laws and regulations.



Sec. 3802.4-6  Inspection.

    The authorized officer shall periodically inspect operations to 
determine if the operator is complying with these regulations and the 
approved plan of operations, and the operator shall permit access to the 
authorized officer for this purpose.



Sec. 3802.4-7  Notice of suspension of operations.

    (a) Except for seasonal suspension, the operator shall notify the 
authorized officer of any suspension of operations within 30 days after 
such suspension. This notice shall include:
    (1) Verification of intent to maintain structures, equipment, and 
other facilities, and
    (2) The expected reopening date.
    (b) The operator shall maintain the operating site, structure, and 
other facilities in a safe and environmentally acceptable condition 
during nonoperating periods.
    (c) The name and address of the operator shall be clearly posted and 
maintained in a prominent place at the entrance to the area of mining 
operations during periods of nonoperation.

[[Page 788]]



Sec. 3802.4-8  Cessation of operations.

    The operator shall, within 1 year following cessation of operations, 
remove all structures, equipment, and other facilities and reclaim the 
site of operations, unless variances are agreed to in writing by the 
authorized officer. Additional time may be granted by the authorized 
officer upon a show of good cause by the operator.



Sec. 3802.5  Appeals.

    (a) Any party adversely affected by a decision of the authorized 
officer or the State Director made pursuant to the provisions of this 
subpart shall have a right of appeal to the Board of Land Appeals, 
Office of Hearings and Appeals, pursuant to part 4 of this title.
    (b) In any case involving lands under the jurisdiction of any agency 
other than the Department of the Interior, or an office of the 
Department of the Interior other than the Bureau of Land Management, the 
office rendering a decision shall designate the authorized officer of 
such agency as an adverse party on whom a copy of any notice of appeal 
and any statement of reasons, written arguments, or brief must be 
served.



Sec. 3802.6  Public availability of information.

    (a) Except as provided herein, all information and data, including 
plans of operation, submitted by the operator shall be available for 
examination by the public at the office of the authorized officer in 
accordance with the provisions of the Freedom of Information Act 
(F.O.I.A.).
    (b) Information and data submitted and specifically identified by 
the operator as containing trade secrets or confidential or privileged 
commercial or financial information and so determined by the authorized 
officer will not be available for public examination.
    (c) The determination concerning specific information which may be 
withheld from public examination will be made in accordance with the 
rules in 43 CFR part 2.



                    Subpart 3809--Surface Management

    Source:  45 FR 78909, Nov. 26, 1980, unless otherwise noted.

    Note: The information collection requirements contained in this 
subpart have been approved by the Office of Management and Budget under 
44 U.S.C. 3507 and assigned clearance number 1004-0104. This information 
is needed to permit the authorized officer to determine if a plan of 
operation is needed to protect the public lands and their resources and 
to determine if the plan of operations, if one is required, is adequate. 
The obligation to respond is required to obtain a benefit.

(See 48 FR 8816, Mar. 2, 1983.)

                                 General



Sec. 3809.0-1  Purpose.

    The purpose of this subpart is to establish procedures to prevent 
unnecessary or undue degradation of Federal lands which may result from 
operations authorized by the mining laws.



Sec. 3809.0-2  Objectives.

    The objectives of this regulation are to:
    (a) Provide for mineral entry, exploration, location, operations, 
and purchase pursuant to the mining laws in a manner that will not 
unduly hinder such activities but will assure that these activities are 
conducted in a manner that will prevent unnecessary or undue degradation 
and provide protection of nonmineral resources of the Federal lands;
    (b) Provide for reclamation of disturbed areas; and
    (c) Coordinate, to the greatest extent possible, with appropriate 
State agencies, procedures for prevention of unnecessary or undue 
degradation with respect to mineral operations.



Sec. 3809.0-3  Authority.

    (a) Section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) 
provides that exploration, location and purchase of valuable mineral 
deposits, under the mining laws, on Federal lands shall be ``under 
regulations prescribed by law,'' and section 2478 of the Revised 
Statutes, as amended (43 U.S.C. 1201), provides that those regulations 
shall be issued by the Secretary.

[[Page 789]]

    (b) Sections 302, 303, 601, and 603 of the Federal and Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.) require the Secretary to 
take any action, by regulation or otherwise, to prevent unnecessary or 
undue degradation of the Federal lands, provide for enforcement of those 
regulations, and direct the Secretary to manage the California Desert 
Conservation Area under reasonable regulations which will protect the 
scenic, scientific, and environmental values against undue impairment, 
and to assure against pollution of streams and waters.
    (c) The Act of July 23, 1955 (30 U.S.C. 612), provides that rights 
under mining claims located after July 23, 1955, shall prior to issuance 
of patent therefor, be subject to the right of the United States to 
manage and dispose of the vegetative surface resources and to manage 
other surface resources. The Act also provides that ``Any mining claim 
hereafter located under the mining laws of the United States shall not 
be used, prior to issuance to patent therefor, for any purposes other 
than prospecting, mining or processing operations and uses reasonably 
incident thereto.''
    (d) Section 9 of the Wild and Scenic Rivers Act (16 U.S.C. 1280) 
provides that regulations issued shall, among other things, provide 
safeguards against pollution of the rivers involved and unnecessary 
impairment of the scenery within the area designated for potential 
addition to, or an actual component of the national wild and scenic 
rivers system.
    (e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended 
by Section 602 of the Federal Land Policy and Management Act of 1976 (16 
U.S.C. 460y-8), established the King Range Conservation Area in 
California. The Secretary is required under these Acts to manage 
activities in this conservation area under the General Mining Law of 
1872 in such a manner as to protect the scenic, scientific, and 
environmental values against undue impairment, and ensure against 
pollution of streams and waters.
[45 FR 78909, Nov, 26, 1980, as amended at 59 FR 44856, Aug. 30, 1994]



Sec. 3809.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom authority has been delegated to perform the duties 
described in this subpart.
    (b) Casual Use means activities ordinarily resulting in only 
negligible disturbance of the Federal lands and resources. For example, 
activities are generally considered casual use if they do not involve 
the use of mechanized earth moving equipment or explosives or do not 
involve the use of motorized vehicles in areas designated as closed to 
off-road vehicles as defined in subpart 8340 of this title.
    (c) Federal lands means lands subject to the mining laws including, 
but not limited to, the certain public lands defined in section 103 of 
the Federal Land Policy and Management Act of 1976. Federal lands does 
not include lands in the National Park System, National Forest System, 
and the National Wildlife Refuge System, nor does it include acquired 
lands, Stockraising Homestead lands or lands where only the mineral 
interest is reserved to the United States or lands under Wilderness 
Review and administered by the Bureau of Land Management (these lands 
are subject to the 43 CFR part 3802 regulations).
    (d) Mining claim means any unpatented mining claim, millsite, or 
tunnel site located under the mining laws and those patented mining 
claims and millsites located in the California Desert Conservation Area 
which have been patented subsequent to the enactment of the Federal Land 
Policy and Management Act of October 21, 1976.
    (e) Mining laws means the Lode Law of July 26, 1866, as amended (14 
Stat. 251); the Placer Law of July 9, 1870, as amended (16 Stat. 217); 
and the Mining Law of May 10, 1872, as amended (17 Stat. 91); and all 
laws supplementing and amending those laws, including among others the 
Building Stone Act of August 4, 1892, as amended (27 Stat. 348); and the 
Saline Placer Act of January 31, 1901 (31 Stat. 745).
    (f) Operations means all functions, work, facilities, and activities 
in connection with prospecting, discovery

[[Page 790]]

and assessment work, development, extraction, and processing of mineral 
deposits locatable under the mining laws and all other uses reasonably 
incident thereto, whether on a mining claim or not, including but not 
limited to the construction of roads, transmission lines, pipelines, and 
other means of access for support facilities across Federal lands 
subject to these regulations.
    (g) Operator means a person conducting or proposing to conduct 
operations.
    (h) Person means any citizen of the United States or person who has 
declared the intention to become such and includes any individual, 
partnership, corporation, association, or other legal entity.
    (i) Project area means a single tract of land upon which an operator 
is, or will be, conducting operations. It may include one mining claim 
or a group of mining claims under one ownership on which operations are 
or will be conducted, as well as Federal lands on which an operator is 
exploring or prospecting prior to locating a mining claim.
    (j) Reclamation means taking such reasonable measures as will 
prevent unnecessary or undue degradation of the Federal lands, including 
reshaping land disturbed by operations to an appropriate contour and, 
where necessary, revegetating disturbed areas so as to provide a diverse 
vegetative cover. Reclamation may not be required where the retention of 
a stable highwall or other mine workings is needed to preserve evidence 
of mineralization.
    (k) Unnecessary or undue degradation means surface disturbance 
greater than what would normally result when an activity is being 
accomplished by a prudent operator in usual, customary, and proficient 
operations of similar character and taking into consideration the 
effects of operations on other resources and land uses, including those 
resources and uses outside the area of operations. Failure to initiate 
and complete reasonable mitigation measures, including reclamation of 
disturbed areas or creation of a nuisance may constitute unnecessary or 
undue degradation. Failure to comply with applicable environmental 
protection statutes and regulations thereunder will constitute 
unnecessary or undue degradation. Where specific statutory authority 
requires the attainment of a stated level of protection or reclamation, 
such as in the California Desert Conservation Area, Wild and Scenic 
Rivers, areas designated as part of the National Wilderness System 
administered by the Bureau of Land Management and other such areas, that 
level of protection shall be met.
    (l) King Range Conservation Area means the area designated pursuant 
to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by 
Section 602 of the Federal Land Policy and Management Act of 1976 (16 
U.S.C. 460y-8).
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
48 FR 8816, Mar. 2, 1983; 59 FR 44856, Aug. 30, 1994]



Sec. 3809.0-6  Policy.

    Consistent with section 2 of the Mining and Mineral Policy Act of 
1970 and section 102(a) (7), (8), and (12) of the Federal Land Policy 
and Management Act, it is the policy of the Department of the Interior 
to encourage the development of Federal mineral resources and 
reclamation of disturbed lands. Under the mining laws a person has a 
statutory right, consistent with Departmental regulations, to go upon 
the open (unappropriated and unreserved) Federal lands for the purpose 
of mineral prospecting, exploration, development, extraction and other 
uses reasonably incident thereto. This statutory right carries with it 
the responsibility to assure that operations include adequate and 
responsible measures to prevent unnecessary or undue degradation of the 
Federal lands and to provide for reasonable reclamation.



Sec. 3809.0-9  Information collection.

    (a) The collections of information contained in subpart 3809 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0176. BLM will use the 
information in regulating and monitoring mining and exploration 
operations on public lands. Response to requests for information is 
mandatory in accordance with 43 U.S.C 1701 et seq., The information 
collection approval expires December 31, 1999.

[[Page 791]]

    (b) Public reporting burden for this information is estimated to 
average 16 hours per response for notices and 32 hours per response for 
plans of operations, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to the Information Collection Clearance Officer (783), Bureau of 
Land Management, Washington, DC 20240, and the Office of Management and 
Budget, Attention Desk Officer for the Interior Department, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503, referring to information collection clearance 
number 1004-0176.
[62 FR 9099, Feb. 28, 1997]



Sec. 3809.1  Operations.



Sec. 3809.1-1  Reclamation.

    All operations, whether casual, under a notice, or by a plan of 
operations, shall be reclaimed as required in this title.



Sec. 3809.1-2  Casual use: Negligible disturbance.

    No notification to or approval by the authorized officer is required 
for casual use operations. However, casual use operations are subject to 
monitoring by the authorized officer to ensure that unnecessary or undue 
degradation of Federal lands will not occur.



Sec. 3809.1-3  Notice: Disturbance of 5 acres or less.

    (a) All operators on project areas whose operations, including 
access across Federal lands to the project area, cause a cumulative 
surface disturbance of 5 acres or less during any calendar year shall 
notify the authorized officer in the District office of the Bureau of 
Land Management having jurisdiction over the land in which the claim(s) 
or project area is located. Prior to conducting additional operations 
under a subsequent notice covering substantially the same ground, the 
operator shall have completed reclamation of operations which were 
conducted under any previous notice. Notification of such activities, by 
the operator, shall be made at least 15 calendar days before commencing 
operations under this subpart by a written notice or letter.
    (b) Approval of a notice, by the authorized officer, is not 
required. Consultation with the authorized officer may be required under 
paragraph (c)(3) of this section when the construction of access routes 
are involved. Notices properly filed under this section constitute 
authorization under part 8340 of this title (Off-Road Vehicles).
    (c) The notice or letter shall include:
    (1) Name and mailing address of the mining claimant and operator, if 
other than the claimant. Any change of operator or in the mailing 
address of the mining claimant or operator shall be reported promptly to 
the authorized officer;
    (2) When applicable, the name of the mining claim(s), and serial 
number(s) assigned to the mining claim(s) recorded pursuant to subpart 
3833 of this title on which disturbance will likely take place as a 
result of the operations;
    (3) A statement describing the activities proposed and their 
location in sufficient detail to locate the activities on the ground, 
and giving the approximate date when operations will start. The 
statement shall include a description and location of access routes to 
be constructed and the type of equipment to be used in their 
construction. Access routes shall be planned for only the minimum width 
needed for operations and shall follow natural contours, where 
practicable, to minimize cut and fill. When the construction of access 
routes involves slopes which require cuts on the inside edge in excess 
of 3 feet, the operator may be required to consult with the authorized 
officer concerning the most appropriate location of the access route 
prior to commencing operations;
    (4) A statement that reclamation of all areas disturbed will be 
completed to the standard described in Sec. 3809.1-3(d) of this title 
and that reasonable measures will be taken to prevent unnecessary or 
undue degradation of the Federal lands during operations.

[[Page 792]]

    (d) The following standards govern activities conducted under a 
notice:
    (1) Access routes shall be planned for only the minimum width needed 
for operations and shall follow natural contours, where practicable to 
minimize cut and fill.
    (2) All tailings, dumps, deleterious materials or substances, and 
other waste produced by the operations shall be disposed of so as to 
prevent unnecessary or undue degradation and in accordance with 
applicable Federal and State Laws.
    (3) At the earliest feasible time, the operator shall reclaim the 
area disturbed, except to the extent necessary to preserve evidence of 
mineralization, by taking reasonable measures to prevent or control on-
site and off-site damage of the Federal lands.
    (4) Reclamation shall include, but shall not be limited to:
    (i) Saving of topsoil for final application after reshaping of 
disturbed areas have been completed;
    (ii) Measures to control erosion, landslides, and water runoff;
    (iii) Measures to isolate, remove, or control toxic materials;
    (iv) Reshaping the area disturbed, application of the topsoil, and 
revegetation of disturbed areas, where reasonably practicable; and
    (v) Rehabilitation of fisheries and wildlife habitat.
    (5) When reclamation of the disturbed area has been completed, 
except to the extent necessary to preserve evidence of mineralization, 
the authorized officer shall be notified so that an inspection of the 
area can be made.
    (e) Operations conducted pursuant to this subpart are subject to 
monitoring by the authorized officer to ensure that operators are 
conducting operations in a manner which will not cause unnecessary or 
undue degradation.
    (f) Failure of the operator to prevent undue or unnecessary 
degradation or to complete reclamation to the standards described in 
this subpart may cause the operator to be subject to a notice of 
noncompliance as described in Sec. 3809.3-2 of this title.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
48 FR 8816, Mar. 2, 1983]



Sec. 3809.1-4  Plan of operations: When required.

    An approved plan of operations is required prior to commencing:
    (a) Operations which exceed the disturbance level (5 acres) 
described in Sec. 3809.1-3 of this title.
    (b) Any operation, except casual use, in the following designated 
areas:
    (1) Lands in the California Desert Conservation Area designated as 
controlled or limited use areas by the California Desert Conservation 
Area plan;
    (2) Areas designated for potential addition to, or an actual 
component of the national wild and scenic rivers system,
    (3) Designated Areas of Critical Environmental Concern;
    (4) Areas designated as part of the National Wilderness Preservation 
System and administered by the Bureau of Land Management;
    (5) Areas designated as closed to off-road vehicle use as defined in 
subpart 8340 of this title.
    (6) The area designated as the King Range Conservation Area pursuant 
to 16 U.S.C. 460y et seq., as amended by section 602 of the Federal Land 
Policy and Management Act of 1976.
    (c) Plans properly filed and approved under this section constitute 
authorization under part 8340 of this title (Off-Road Vehicles).
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
48 FR 8816, Mar. 2, 1983; 59 FR 44856, Aug. 30, 1994]



Sec. 3809.1-5  Filing and contents of plan of operations.

    (a) A plan of operations must be filed in the District Office of the 
Bureau of Land Management having jurisdiction over the Federal lands in 
which the claim(s) or project area is located.
    (b) No special form is required for filing a plan.
    (c) The plan shall include:
    (1) The name and mailing address of the operator (and claimant if 
not the operator). Any change of operator or change in the mailing 
address shall be promptly reported to the authorized officer;
    (2) A map, preferably a topographic map, or sketch showing existing 
and/or proposed routes of access, aircraft

[[Page 793]]

landing areas, or other means of access, and size of each area where 
surface disturbance will occur;
    (3) When applicable, the name of the mining claim(s) and mining 
claim serial numbers assigned to the mining claim(s) recorded pursuant 
to subpart 3833 of this title.
    (4) Information sufficient to describe or identify the type of 
operations proposed, how they will be conducted and the period during 
which the proposed activity will take place;
    (5) Measures to be taken to prevent unnecessary or undue degradation 
and measures to reclaim disturbed areas resulting from the proposed 
operations, including the standards listed in Sec. 3809.1-3(d) of this 
title. Where an operator advises the authorized officer that he/she does 
not have the necessary technical resources to develop such measures the 
authorized officer will assist the operator in developing such measures. 
If an operator submits reclamation measures, the authorized officer will 
ensure that the operator's plan is sufficient to prevent unnecessary or 
undue degradation. All reclamation measures developed by the operator, 
or by the authorized officer in conjunction with the operator, shall 
become a part of the plan of operations.
    (6) Measures to be taken during extended periods of nonoperation to 
maintain the area in a safe and clean manner and to reclaim the land to 
avoid erosion and other adverse impacts. If not filed at the time of 
plan submittal, this information shall be filed with the authorized 
officer whenever the operator anticipates a period of nonoperation.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980]



Sec. 3809.1-6  Plan approval.

    (a) A proposed plan of operations shall be submitted to the 
authorized officer, who shall promptly acknowledge receipt thereof to 
the operator. The authorized officer shall, within 30 days of such 
receipt, analyze the proposal in the context of the requirement to 
prevent unnecessary or undue degradation and provide for reasonable 
reclamation, and shall notify the operator:
    (1) That the plan is approved; or
    (2) Of any changes in or additions to the plan necessary to meet the 
requirements of these regulations; or
    (3) That the plan is being reviewed, but that a specified amount of 
time, not to exceed an additional 60 days, is necessary to complete the 
review, setting forth the circumstances which justify additional time 
for review. However, days during which the area of operations is 
inaccessible for inspection shall not be counted when computing the 60 
day period; or
    (4) That the plan cannot be approved until 30 days after a final 
environmental statement has been prepared and filed with the 
Environmental Protection Agency; or
    (5) That the plan cannot be approved until the authorized officer 
has complied with section 106 of the National Historic Preservation Act 
or section 7 of the Endangered Species Act.
    (b) The authorized officer shall consult with the appropriate 
official of the bureau or agency having surface management 
responsibilities where such responsibility is not exercised by the 
Bureau of Land Management. Prior to plan approval the authorized officer 
shall obtain the concurrence of such appropriate official to the terms 
and conditions that may be needed to prevent unnecessary or undue 
degradation.
    (c) The authorized officer shall undertake an appropriate level of 
cultural resource inventory of the area to be disturbed. The inventory 
shall be completed within the time allowed by these regulations for 
approval of the plan (30 days). The operator is not required to do the 
inventory but may hire an archaeologist approved by the Bureau of Land 
Management in order to complete the inventory more expeditiously. The 
responsibility for and cost of salvage of cultural resources discovered 
during the inventory shall be the Federal Government's. The 
responsibility of avoiding adverse impacts on those cultural resources 
discovered during the inventory shall be the operator's.
    (d) Pending final approval of the plan, the authorized officer shall 
approve any operations that may be necessary for timely compliance with 
requirements of Federal and State laws,

[[Page 794]]

subject to any terms and conditions that may be needed to prevent 
unnecessary or undue degradation.
    (e) In the event of a change of operators involving an approved plan 
of operations, the new operator shall satisfy the requirements of 
Sec. 3809.1-9 of this title as it relates to bonding.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980]



Sec. 3809.1-7  Modification of plan.

    (a) At any time during operations under an approved plan, the 
operator on his/her own initiative may modify the plan or the authorized 
officer may request the operator to do so.
    (b) A significant modification of an approved plan must be reviewed 
and approved by the authorized officer in the same manner as the initial 
plan.
    (c)(1) If, when requested to do so by the authorized officer, the 
operator does not furnish a proposed modification within a reasonable 
time, usually 30 days, the authorized officer may recommend to the State 
Director that the operator be required to submit a proposed modification 
of the plan. The recommendation of the authorized officer shall be 
accompanied by a statement setting forth the facts and the reasons for 
the recommendations.
    (2) In acting upon such recommendations the State Director shall 
determine, within 30 days, whether:
    (i) All reasonable measures were taken by the authorized officer at 
the time the plan was approved to ensure that the proposed operations 
would not cause unnecessary or undue degradation of the Federal land;
    (ii) The disturbance from the operations of the plan as approved or 
from unforeseen circumstances is or may become of such significance that 
modification of the plan is essential in order to prevent unnecessary or 
undue degradation; and
    (iii) The disturbance can be minimized using reasonable means.
    (3) Once the matter has been sent to the State Director, an operator 
is not required to submit a proposed modification of an approved plan 
until a determination is made by the State Director. Where the State 
Director determines that a plan shall be modified, the operator shall 
timely submit a modified plan to the authorized officer for review and 
approval.
    (4) Operations may continue in accordance with the approved plan 
until a modified plan is approved, unless the State Director determines 
that the operations are causing unnecessary or undue degradation to the 
land. The State Director shall advise the operator of those reasonable 
measures needed to avoid such degradation and the operator shall 
immediately take all necessary steps to implement those measures within 
a reasonable period established by the State Director.



Sec. 3809.1-9  Financial guarantees.

    (a) No operator or claimant shall--
    (1) Initiate operations under a notice without providing the 
authorized officer certification of the existence of the appropriate 
financial guarantee as required by paragraph (c) through (f) of this 
section; or
    (2) Conduct operations under a plan of operations without providing 
the authorized officer with the appropriate financial guarantee as 
required by paragraphs (g) through (j) of this section.
    (b) No financial guarantee is required for operations that 
constitute casual use under Sec. 3809.1-2.
    (c) No operations conducted under a notice in accordance with 
Sec. 3809.1-3 shall be initiated until the operator or mining claimant 
provides to the authorized officer a certification that a financial 
guarantee exists to ensure performance of reclamation in accordance with 
the requirements of Sec. 3809.1-3(d). Each certification must be 
accompanied by a calculation of reclamation costs of the proposed 
activities covered by the notice, as if third party contractors were 
performing the reclamation after the site is vacated by the operator. 
This calculation must be certified at the operator's or mining 
claimant's expense by a third party professional engineer registered to 
practice within the State in which the activities are proposed. However, 
when the requirement for a financial guarantee is met by providing 
evidence of an instrument held by a State agency as provided in this 
paragraph, the certificaton of costs by a third party professional 
engineer is not required. The financial guarantee must be sufficient to 
cover

[[Page 795]]

100 percent of the estimate of the costs of reclamation, as calculated 
above, required by State and Federal laws and regulations, and may be in 
any of the forms described in paragraphs (k) and (l) of this section. In 
calculating the amount of the financial guarantee, each acre of 
disturbance or fraction thereof shall require not less than $1,000. The 
financial guarantee may also be met by providing evidence of an 
appropriate instrument held or approved by a State agency pursuant to 
State law or regulations so long as the instrument is equivalent to that 
required by this section, is redeemable by the Secretary, acting by and 
through BLM, and covers the same area covered by the notice. The 
certification must accompany the notice submitted to the proper BLM 
office having jurisdiction over the land in which the claim or project 
area is located. Failure to submit a complete certification will render 
the notice incomplete and it will be returned by the authorized officer. 
The financial guarantee covered by the certification must be available, 
until replaced by another adequate financial guarantee with the 
concurrence of the authorized officer or until released by the 
authorized officer, for the performance of such reclamation as required 
by Sec. 3809.1-3. Such reclamation shall also include all reasonable 
measures identified as the result of the consultation required by the 
authorized officer under Sec. 3809.1-3(c). If there is a material change 
in any financial guarantee on which the operator or mining claimant's 
certification is based, the operator or mining claimant must submit an 
amended certification to the authorized officer within 45 days after the 
material change occurs.
    (d) The certification submitted by the operator, mining claimant, or 
its authorized agent, for any operations conducted under a notice, shall 
include:
    (1) The name, home address, office and home telephone numbers, and 
social security number or employer identification number of the 
operator, mining claimant, or authorized agent;
    (2) A statement that the mining claimant or operator for whom the 
individual is submitting the certification will be responsible for the 
required reclamation;
    (3) A statement that the authorized officer will be notified at the 
completion of reclamation operations to arrange for a final inspection;
    (4) A statement that the financial guarantee in the amount of the 
estimated reclamation costs, as calculated under Sec. 3809.1-9(c), or 
$1,000 per acre or fraction thereof of disturbance as described in the 
attached notice, whichever is greater, exists, followed by a complete 
description of the financial guarantee and its location;
    (5) A statement that the financial guarantee in the amount of the 
estimated reclamation costs, as calculated under Sec. 3809.1-9(c), or 
$1,000 per acre or fraction thereof of disturbance, whichever is 
greater, will be delivered to the authorized officer within 45 days of a 
demand for its surrender, following failure to complete reclamation, 
unless an additional period of time not to exceed 45 days is granted in 
writing by the authorized officer;
    (6) A statement acknowledging that surrender of the financial 
guarantee will not release the operator, mining claimant, or authorized 
agent from responsibility to ensure completion of the reclamation should 
the amount of the guarantee be insufficient to complete all required 
reclamation;
    (7) A statement acknowledging that release of the requirement to 
maintain the financial guarantee does not release or waive any claim the 
Bureau of Land Management may have against any person under the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980, as amended, 42 U.S.C. 9601 et seq., or any other applicable 
statutes or any applicable regulations; and
    (8) A statement acknowledging that non-existence of the financial 
guarantee or the failure to provide the guarantee upon demand for its 
surrender by the authorized officer may result in prosecution under 18 
U.S.C. 1001, 43 U.S.C. 1733, or other appropriate authorities.
    (e) Each statement required by paragraph (d) of this section to be 
included with the certification must be initialed and dated by the 
individual submitting the certification. Failure to initial all

[[Page 796]]

statements will result in the certification and the notice being 
returned as incomplete by the authorized officer.
    (f) At any time, the authorized officer may require the notice-level 
operator or mining claimant to demonstrate the existence of the 
guarantee set out in the certification described in paragraph (c) of 
this section.
    (g) Each operator or mining claimant who conducts operations under 
an approved plan of operations shall furnish to the authorized officer a 
financial guarantee in an amount specified by the authorized officer. In 
determining the amount of the guarantee, the authorized officer shall 
consider the estimated cost of reasonable stabilization and reclamation 
of areas disturbed, including the cost to the BLM of conducting the 
reclamation, using either contract or government personnel.
    (h) For activities conducted under a plan of operations, the 
financial guarantee must be sufficient to cover 100 percent of the costs 
of reclamation required by State and Federal statutes and regulations 
and calculated as if third party contractors were performing the 
reclamation after the site is vacated by the operator. This calculation 
must be certified at the operator's or mining claimant's expense by a 
third party professional engineer registered to practice within the 
State in which the activities are proposed, but when the requirement for 
a financial guarantee is met by providing evidence of an instrument held 
or approved by a State agency, the certification of costs by a third 
party professional engineer will not be required. This calculation must 
be agreed to by the authorized officer. In no case shall the financial 
guarantee be less than $2,000 per acre or fraction thereof.
    (i) In lieu of requiring the financial guarantee as provided in 
paragraph (g) of this section, the authorized officer may accept 
evidence of an existing financial guarantee under State law or 
regulations, if it is redeemable by the Secretary, acting by and through 
the authorized officer, and held or approved by a State agency for the 
same area covered by the plan of operations, upon determining that the 
instrument held or approved by the State provides the same guarantee as 
that required by this section, regardless of the type of financial 
instruments chosen by the State. The operator or mining claimant 
proposing a plan of operations may offer for the approval of the 
authorized officer any of the financial instruments listed in paragraphs 
(k) and (l) of this section. The authorized officer may reject any of 
the submitted financial instruments, but will do so by decision in 
writing, with a complete explanation of the reasons for the rejection, 
within 30 days of the offering. If the State makes a demand against the 
financial guarantee, thereby reducing the available balance, the 
operator or mining claimant must replace the amount of reduced financial 
guarantee with another financial guarantee instrument acceptable under 
this subpart.
    (j) In the event that an approved plan is modified in accordance 
with 3809.1-7, the authorized officer will review the initial financial 
guarantee for adequacy and, if necessary, require the operator or mining 
claimant to adjust the amount of the financial guarantee to cover the 
estimated cost of reasonable stabilization and reclamation of areas 
disturbed under the plan as modified. Operators or mining claimants with 
an approved financial guarantee may request the authorized officer to 
accept a replacement financial instrument at any time after the approval 
of an initial instrument. The authorized officer shall review the 
offered instrument for adequacy and may reject any offered instrument, 
but will do so by a decision in writing, with a complete explanation of 
the reasons for the rejection, within 30 days of the offering.
    (k) Provided that the State Director has determined that it is a 
legal financial instrument within the State where the operations are 
proposed, the financial guarantee may take the form of any of the 
following:
    (1) Surety bonds, including surety bonds arranged or paid for by 
third parties.
    (2) Cash in an amount equal to the required dollar amount of the 
financial guarantee, to be deposited and maintained in a Federal 
depository account of the United States Treasury by the authorized 
officer.

[[Page 797]]

    (3) Irrevocable letters of credit from a bank or financial 
institution organized or authorized to transact business in the United 
States.
    (4) Certificates of deposit or savings accounts not in excess of the 
maximum insurable amount as set by the Federal Deposit Insurance 
Corporation.
    (5)(i) Any instrument listed in paragraph (k)(5)(i)(A) or (B) of 
this section having a market value of not less than the required dollar 
amount of the financial guarantee and maintained in a Securities 
Investors Protection Corporation insured trust account by a licensed 
securities brokerage firm for the benefit of the Secretary of the 
Interior, acting by and through the authorized officer.
    (A) Negotiable United States Government, State and Municipal 
securities or bonds.
    (B) Investment-grade rated securities having a Standard and Poor's 
rating of AAA or AA or an equivalent rating from a nationally recognized 
securities rating service.
    (ii) Notwithstanding the provision in paragraph (c) of this section 
that an operator or mining claimant conducting operations under a notice 
need only provide the authorized officer with a certification of the 
existence of the required financial guarantee, and notwithstanding the 
provision in paragraph (g) of this section that an operator or mining 
claimant conducting operations under an approved plan of operations must 
furnish the required financial guarantee to the authorized officer, any 
operator or mining claimant who chooses to use the instruments permitted 
under this paragraph (k)(5) in satisfaction of such provisions, must 
provide the authorized officer, prior to the initiation of such 
operations and by the end of each quarter of the calendar year 
thereafter, a certified statement describing the nature and market value 
of the instruments maintained in that account, and including any current 
statements or reports furnished by the brokerage firm to the operator or 
mining claimant concerning the asset value of the account.
    (iii) The operator or mining claimant must review the market value 
of the account instruments by no later than December 31 of each year to 
ensure that their market value continues to be not less than the 
required dollar amount of the financial guarantee. When the market value 
of the account instruments has declined by more than 10 percent of the 
required dollar amount of the financial guarantee, the operator or 
mining claimant must, within 10 days after its annual review or at any 
time upon the written request of the authorized officer, provide 
additional instruments, as defined in paragraphs (k)(5)(i)(A) and (B), 
to the trust account so that the total market value of all account 
instruments is not less than the required dollar amount of the financial 
guarantee. The operator or mining claimant must send a certified 
statement to the authorized officer within 45 days thereafter describing 
the actions taken by the operator or mining claimant to raise the market 
value of its account instruments to the required dollar amount of the 
financial guarantee. The operator or mining claimant must include copies 
of any statements or reports furnished by the brokerage firm to the 
operator or mining claimant documenting such an increase.
    (iv) Whenever, on the basis of a review conducted under paragraph 
(k)(5)(iii) of this section, the operator or mining claimant ascertains 
that the total market value of its trust account instruments exceeds 110 
percent of the required dollar amount of the financial guarantee, the 
operator or mining claimant may request and the authorized officer will 
authorize a written release of that portion of the account that exceeds 
110 percent of the required financial guarantee, if the operator or 
mining claimant is in compliance with the terms and conditions of its 
notice or approved plan of operations.
    (l) In place of the individual financial guarantee on each separate 
operation, a blanket financial guarantee covering statewide or 
nationwide operations may be furnished at the option of the operator or 
mining claimant, if the terms and conditions are determined by the 
authorized officer to be sufficient to comply with the regulations in 
this subpart.

[[Page 798]]

    (m) When all or any portion of the reclamation has been completed in 
accordance with a notice submitted pursuant to Sec. 3809.1-3 or an 
approved plan of operations, the operator or mining claimant may notify 
the authorized officer that such reclamation has occurred and may 
request a reduction in the financial guarantee or BLM approval of the 
adequacy of the reclamation, or both. Upon any such notification, the 
authorized officer will promptly inspect the reclaimed area with the 
operator. The authorized officer will notify the operator, in writing, 
whether the financial guarantee can be reduced, the reclamation is 
acceptable, or both. The authorized officer may reduce the financial 
guarantee by an appropriate amount, not to exceed 60 percent of the 
total estimated costs of reclamation as calculated in accordance with 
paragraph (c) or (h) of this section, if the authorized officer 
determines that a portion of the reclamation has been completed in 
accordance with applicable requirements, including, but not limited to, 
requirements for backfilling, regrading, establishment of drainage 
control, and stabilization and neutralization of leach pads, heaps, 
leach-bearing tailings, and similar facilities. The authorized officer 
will not release that portion of the financial guarantee equal to 40 
percent of the total estimated costs of reclamation until the area 
disturbed by operations has been revegetated to establish a diverse, 
effective, and permanent vegetative cover, and until any effluent 
discharged from the area has met, without violations and without the 
necessity for additional treatment, applicable effluent limitations and 
water quality standards for not less than 1 full year. Any such release 
of the financial guarantee does not release or waive any claim BLM may 
have against any person under the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et 
seq., or under any other applicable statutes or any applicable 
regulations.
    (n) If an operator or mining claimant refuses or is unable to 
conduct reclamation as provided in the reclamation measures incorporated 
into its notice or approved plan of operations or the regulations in 
this subpart, if the terms of the notice or decision approving a plan of 
operation are not met, or if the operator or mining claimant defaults on 
the conditions under which the financial guarantee rests, the authorized 
officer shall take the following action to require the forfeiture of all 
or part of a financial guarantee for any area or portion of an area 
covered by the financial guarantee:
    (1) Send written notification by certified mail, return receipt 
requested, to the operator or mining claimant that provided the 
financial guarantee, and the surety on the financial guarantee, if any, 
and the State agency holding the financial guarantee, if any, informing 
them of the decision to require the forfeiture of all or part of the 
financial guarantee. The notification must include the reasons for the 
forfeiture and the amount to be forfeited. The amount shall be based on 
the estimated total cost of achieving the reclamation plan requirements 
for the area or portion of the area affected, including the 
administrative costs of the Bureau of Land Management.
    (2) In the written notification, advise the operator or mining 
claimant and surety, if applicable, of the conditions under which 
forfeiture may be avoided. Such conditions may include, but are not 
limited to--
    (i) Written agreement by the operator, mining claimant, or another 
party to perform reclamation operations in accordance with a compliance 
schedule which meets the conditions of the notice or decision approving 
a plan of operations and the reclamation plan, and a demonstration that 
such party has the ability to satisfy the conditions; or
    (ii) Written permission from the authorized officer to a surety to 
complete the reclamation, or the portion of the reclamation applicable 
to the bonded phase or increment, if the surety can demonstrate an 
ability to complete the reclamation in accordance with the reclamation 
measures incorporated in a notice or approved plan of operations.
    (o) In the event the operator or mining claimant fails to meet the 
requirements of the written notification provided under paragraph (n) of 
this section, the authorized officer will--

[[Page 799]]

    (1) Proceed immediately to collect the forfeited amount as provided 
by applicable laws for the collection of defaulted bonds or other debts 
if actions to avoid forfeiture have not been taken, or if an appeal has 
not been filed under Sec. 3809.4, or if such appeal is filed and the 
decision appealed is confirmed.
    (2) Use funds collected from financial guarantee forfeiture to 
implement the reclamation plan, or portion thereof, on the area or 
portion of the area to which bond coverage applies.
    (p)(1) In the event the estimated amount forfeited is insufficient 
to pay for the full cost of reclamation, the operator or mining claimant 
is liable for the remaining costs. The authorized officer may complete 
or authorize completion of reclamation of the bonded area and may 
recover from the operator or mining claimant all costs of reclamation in 
excess of the amount forfeited.
    (2) In the event the amount of financial guarantee forfeited was 
more than the amount necessary to complete reclamation, the unused funds 
shall be returned, within a reasonable amount of time, by the authorized 
officer to the party from whom they were collected.
    (q) When a mining claim is patented, the authorized officer will 
release the operator or mining claimant from the portion of the 
financial guarantee that applies to operations within the boundaries of 
the patented land. The authorized officer shall release the operator or 
mining claimant from the remainder of the financial guarantee, including 
the portion covering approved means of access outside the boundaries of 
the mining claim, when the operator or mining claimant has completed 
acceptable reclamation. However, existing access to patented mining 
claims, if across Federal lands, shall continue to be regulated under 
the approved plan and shall include a financial guarantee. The 
provisions of this paragraph do not apply to patents issued on mining 
claims within the boundaries of the California Desert Conservation Area 
(see Sec. 3809.6).
[62 FR 9100, Feb. 28, 1997]



Sec. 3809.2  Prevention of unnecessary or undue degradation.



Sec. 3809.2-1  Environmental assessment.

    (a) When an operator files a plan of operations or a significant 
modification which encompasses land not previously covered by an 
approved plan, the authorized officer shall make an environmental 
assessment or a supplement thereto to identify the impacts of the 
proposed operations on the lands and to determine whether an 
environmental impact statement is required.
    (b) In conjunction with the operator, the authorized officer shall 
use the environmental assessment to determine the adequacy of mitigating 
measures and reclamation procedures included in the plan to insure the 
prevention of unnecessary or undue degradation of the land. If an 
operator advises the authorized officer that he/she is unable to prepare 
mitigating measures, the authorized officer, in conjunction with the 
operator, shall use the environmental assessment as a basis for 
assisting the operator in developing such measures.
    (c) If, as a result of the environmental assessment, the authorized 
officer determines that there is substantial public interest in the 
plan, the authorized officer shall notify the operator, in writing, that 
an additional period of time, not to exceed the additional 60 days 
provided for approval of a plan in Sec. 3809.1-6 of this title, is 
required to consider public comments on the environmental assessment.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
48 FR 8816, Mar. 2, 1983]



Sec. 3809.2-2  Other requirements for environmental protection.

    All operations, including casual use and operations under either a 
notice (Sec. 3809.1-3) or a plan of operations (Sec. 3809.1-4 of this 
title), shall be conducted to prevent unnecessary or undue degradation 
of the Federal lands and shall comply with all pertinent Federal and 
State laws, including but not limited to the following:
    (a) Air quality. All operators shall comply with applicable Federal 
and State air quality standards, including the Clean Air Act (42 U.S.C. 
1857 et seq.).

[[Page 800]]

    (b) Water quality. All operators shall comply with applicable 
Federal and State water quality standards, including the Federal Water 
Pollution Control Act, as amended (30 U.S.C. 1151 et seq.).
    (c) Solid wastes. All operators shall comply with applicable Federal 
and State standards for the disposal and treatment of solid wastes, 
including regulations issued pursuant to the Solid Waste Disposal Act as 
amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
seq.). All garbage, refuse or waste shall either be removed from the 
affected lands or disposed of or treated to minimize, so far as is 
practicable, its impact on the lands.
    (d) Fisheries, wildlife and plant habitat. The operator shall take 
such action as may be needed to prevent adverse impacts to threatened or 
endangered species, and their habitat which may be affected by 
operations.
    (e) Cultural and paleontological resources. (1) Operators shall not 
knowingly disturb, alter, injure, or destroy any scientifically 
important paleontological remains or any historical or archaeological 
site, structure, building or object on Federal lands.
    (2) Operators shall immediately bring to the attention of the 
authorized officer any cultural and/or paleontological resources that 
might be altered or destroyed on Federal lands by his/her operations, 
and shall leave such discovery intact until told to proceed by the 
authorized officer. The authorized officer shall evaluate the 
discoveries brought to his/her attention, take action to protect or 
remove the resource, and allow operations to proceed within 10 working 
days after notification to the authorized officer of such discovery.
    (3) The Federal Government shall have the responsibility and bear 
the cost of investigations and salvage of cultural and paleontology 
values discovered after a plan of operations has been approved, or where 
a plan is not involved.
    (f) Protection of survey monuments. To the extent practicable, all 
operators shall protect all survey monuments, witness corners, reference 
monuments, bearing trees and line trees against unnecessary or undue 
destruction, obliteration or damage. If, in the course of operations, 
any monuments, corners, or accessories are destroyed, obliterated or 
damaged by such operations, the operator shall immediately report the 
matter to the authorized officer. The authorized officer shall 
prescribe, in writing, the requirements for the restoration or 
reestablishment of monuments, corners, bearing and line trees.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
48 FR 8816, Mar. 2, 1983]



Sec. 3809.3  General provisions.



Sec. 3809.3-1  Applicability of State law.

    (a) Nothing in this subpart shall be construed to effect a 
preemption of State laws and regulations relating to the conduct of 
operations or reclamation on Federal lands under the mining laws.
    (b) Each State Director will publish a notice identifying all legal 
financial guarantees that may be accepted by any authorized officer 
under his or her jurisdiction, after consultation with the appropriate 
State authorities to determine which of the financial instruments in 
Sec. 3809.1-9(k) are allowable under State law to satisfy the financial 
assurance requirements relating to the reclamation requirements of that 
State. This list will be updated annually.
    (c) The Director may consult with appropriate representatives of 
each State to formulate and enter into agreements to provide for a joint 
Federal-State program for administration and enforcement. The purpose of 
such agreements is to prevent unnecessary or undue degradation of the 
Federal lands from operations which are conducted under the mining laws, 
to prevent unnecessary administrative delay and to avoid duplication of 
administration and enforcement of laws. Such agreements may, whenever 
possible, provide for State administration and enforcement of such 
programs.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
62 FR 9102, Feb. 28, 1997]

[[Page 801]]



Sec. 3809.3-2  Noncompliance.

    (a) Failure of an operator to file a notice under Sec. 3809.1-3 of 
this title or a plan of operations under Sec. 3809.1-4 of this title 
will subject the operator, at the discretion of the authorized officer, 
to being served a notice of non-compliance or enjoined from the 
continuation of such operations by a court order until such time as a 
notice or plan is filed with the authorized officer. The operator shall 
also be responsible to reclaim operations conducted without an approved 
plan of operations or prior to the filing of a required notice.
    (b) Failure to reclaim areas disturbed by operations under 
Sec. 3809.1-3 of this title is a violation of these regulations.
    (1) Where an operator is conducting operations covered by 3809.1-3 
(notice) of this title and fails to comply with the provisions of that 
section or properly conduct reclamation according to standards set forth 
in 3809.1-3(d) of this title, a notice of noncompliance shall be served 
by delivery in person to the operator or his/her authorized agent, or by 
certified mail addressed to his/her address of record.
    (2) Operators conducting operations under an approved plan of 
operations who fails to follow the approved plan of operations may be 
subject to a notice of noncompliance. A notice of noncompliance shall be 
served in the same manner as described in Sec. 3809.3-2(b)(1) of this 
section.
    (c) All operators who conduct operations under a notice pursuant to 
Sec. 3809.1-3 and a plan pursuant to Sec. 3809.1-4 of this title on 
Federal lands without taking the actions specified in a notice of 
noncompliance within the time specified therein may be enjoined by an 
appropriate court order from continuing such operations and be liable 
for damages for such unlawful acts.
    (d) A notice of noncompliance shall specify in what respects the 
operator is failing or has failed to comply with the requirements of 
applicable regulations, and shall specify the actions which are in 
violation of the regulations and the actions which shall be taken to 
correct the noncompliance and the time, not to exceed 30 days, within 
which corrective action shall be started.
    (e) An operator or mining claimant who compiles a record of 
noncompliance is one who has been served with a notice of noncompliance, 
whose response period has passed, and who has not commenced the actions 
required by the authorized officer within the time frames set forth in 
the notice of noncompliance. An operator or mining claimant with a 
record of noncompliance will continue in noncompliance status until the 
actions required in the notice of noncompliance have been completed. Any 
operator or mining claimant with a record of noncompliance must submit a 
plan of operations within 30 days under Sec. 3809.1-9 of this subpart 
for all existing and subsequent operations that would otherwise be 
conducted pursuant to a notice under Sec. 3809.1-3 of this subpart. 
Operators or mining claimants with a record of noncompliance will be 
required to post financial guarantees with the authorized officer under 
Sec. 3809.1-9 within 90 days after notification for all existing 
disturbance for which said operators or mining claimants are 
responsible. Failure to post such financial guarantees within the 
prescribed 90 days will result in the withdrawal of approval of all 
existing plans of operation, except that the authorized officer may 
approve actions proposed by an operator with a record of noncompliance 
to resolve the cause of the noncompliance or to protect public safety or 
health or prevent further unnecessary or undue environmental 
degradation. Financial guarantees held by a State will not be acceptable 
for purposes of this section, and the calculation must be certified at 
the operator's or mining claimant's expense by a third party 
professional engineer registered to practice within the State in which 
the activities are proposed, and agreed to by the authorized officer. 
The requirements of this paragraph continue in force until the operator 
or mining claimant has come into and remained in compliance with them 
and the regulations of this subpart for a period of not less than 1 
calendar year but not more than 3 calendar years. The duration of the 
requirement will be determined by the State Director.

[[Page 802]]

    (f)(1) Any person constituting an operator, mining claimant, or its 
authorized agent, who knowingly and willfully violates any provision of 
this subpart is subject to arrest and trial by a United States 
magistrate and, if convicted, shall be subject to a fine of not more 
than $100,000, or the alternate fine provided for in the applicable 
provisions of 18 U.S.C. 3571, or imprisoned for no more than 12 months, 
or both.
    (2) Any organization constituting an operator, mining claimant, or 
its authorized agent, that knowingly and willfully violates any 
provision of this subpart is subject to criminal prosecution and, if 
convicted, shall be subject to a fine of not more than $200,000, or the 
alternative fine provided for in the applicable provisions of 18 U.S.C. 
3571.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 
62 FR 9103, Feb. 28, 1997]



Sec. 3809.3-3  Access.

    (a) An operator is entitled to access to his operations consistent 
with provisions of the mining laws.
    (b) Where a notice or a plan of operations is required, it shall 
specify the location of access routes for operations and other 
conditions necessary to prevent unnecessary or undue degradation. The 
authorized officer may require the operator to use existing roads to 
minimize the number of access routes, and, if practicable, to construct 
access roads within a designated transportation or utility corridor. 
When commercial hauling is involved and the use of an existing road is 
required, the authorized officer may require the operator to make 
appropriate arrangements for use and maintenance.



Sec. 3809.3-4  Fire prevention and control.

    The operator shall comply with all applicable Federal and State fire 
laws and regulations, and shall take all reasonable measures to prevent 
and suppress fires in the area of operations.



Sec. 3809.3-5  Maintenance and public safety.

    During all operations, the operator shall maintain his structures, 
equipment, and other facilities in a safe and orderly manner. Hazardous 
sites or conditions resulting from operations shall be marked by signs, 
fenced, or otherwise identified to alert the public in accordance with 
applicable Federal and State laws and regulations.



Sec. 3809.3-6  Inspection.

    The authorized officer may periodically inspect operations to 
determine if the operator is complying with these regulations. The 
operator shall permit the authorized officer access for this purpose.



Sec. 3809.3-7  Periods of non-operation.

    All operators shall maintain the site, structures and other 
facilities of the operations in a safe and clean condition during any 
non-operating periods. All operators may be required, after an extended 
period of non-operation for other than seasonal operations, to remove 
all structures, equipment and other facilities and reclaim the site of 
operations, unless he/she receives permission, in writing, from the 
authorized officer to do otherwise.



Sec. 3809.4  Appeals.

    (a) Any operator adversely affected by a decision of the authorized 
officer made pursuant to the provisions of this subpart shall have a 
right of appeal to the State Director, and thereafter to the Board of 
Land Appeals, Office of Hearings and Appeals, pursuant to part 4 of this 
title, if the State Director's decision is adverse to the appellant.
    (b) No appeal shall be considered unless it is filed, in writing, in 
the office of the authorized officer who made the decision from which an 
appeal is being taken, within 30 days after the date of receipt of the 
decision. A decision of the authorized officer from which an appeal is 
taken to the State Director shall be effective during the pendency of an 
appeal. A request for a stay may accompany the appeal.
    (c) The appeal to the State Director shall contain:
    (1) The name and mailing address of the appellant.
    (2) When applicable, the name of the mining claim(s) and serial 
number(s) assigned to the mining claims recorded pursuant to subpart 
3833 of this title which are subject to the appeal.

[[Page 803]]

    (3) A statement of the reasons for the appeal and any arguments the 
appellant wishes to present which would justify reversal or modification 
of the decision.
    (d) The State Director shall promptly render a decision on the 
appeal. The decision shall be in writing and shall set forth the reasons 
for the decision. The decision shall be sent to the appellant by 
certified mail, return receipt requested.
    (e) The decision of the State Director, when adverse to the 
appellant, may be appealed to the Board of Land Appeals, Office of 
Hearings and Appeals, pursuant to part 4 of this title.
    (f) Any party, other than the operator, aggrieved by a decision of 
the authorized officer shall utilize the appeals procedures in part 4 of 
this title. The filing of such an appeal shall not stop the authorized 
officer's decision from being effective.
    (g) Neither the decision of the authorized officer nor the State 
Director shall be construed as final agency action for the purpose of 
judicial review of that decision.
[45 FR 78909, Nov. 26, 1980, as amended at 48 FR 8816, Mar. 2, 1983]



Sec. 3809.5  Public availability of information.

    (a) Information and data submitted and specifically identified by 
the operator as containing trade secrets or confidential or privileged 
commercial or financial information shall not be available for public 
examination. Other information and data submitted by the operator shall 
be available for examination by the public at the office of the 
authorized officer in accordance with the provisions of the Freedom of 
Information Act.
    (b) The determination concerning specific information which may be 
withheld from public examination shall be made in accordance with the 
rules in 43 CFR part 2.



Sec. 3809.6  Special provisions relating to mining claims patented within the boundaries of the California Desert Conservation Area.

    In accordance with section 601(f) of the Federal Land Policy and 
Management Act of October 21, 1976, all patents issued on mining claims 
located within the boundaries of the California Desert Conservation Area 
after the enactment of the Federal Land Policy and Management Act shall 
be subject to the regulations in this part, including the continuation 
of a plan of operations and of bonding with respect to the land covered 
by the patent.



PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION--Table of Contents




          Subpart 3811--Lands Subject to Location and Purchase

Sec.
3811.1  Lands: General.
3811.2  Lands: Specific.
3811.2-1  States where locations may be made.
3811.2-2  Lands in national parks and national monuments.
3811.2-3  Lands in Indian reservations.
3811.2-4  Lands in national forests.
3811.2-5  O and C and Coos Bay Wagon Road lands.
3811.2-6  Lands in powersite withdrawals.
3811.2-7  Fissionable source material on coal lands.
3811.2-9  Lands under Color of Title Act.

              Subpart 3812--Minerals Under the Mining Laws

3812.1  Minerals subject to location.

 Subpart 3813--Disposal of Reserved Minerals Under the Act of July 17, 
                                  1914

3813.0-3  Authority.
3813.1  Minerals reserved by the Act of July 17, 1914, subject to 
          mineral location, entry and patenting.
3813.2  Minerals subject to disposition.
3813.3  Provision of the mineral patent.

   Subpart 3814--Disposal of Reserved Minerals Under the Stockraising 
                              Homestead Act

3814.1  Mineral reservation in entry and patent; mining and removal of 
          reserved deposits; bonds.
3814.2  Mineral reservation in patent; conditions to be noted on mineral 
          applications.

      Subpart 3815--Mineral Locations in Stock Driveway Withdrawals

3815.1  Mineral locations.
3815.2  Prospecting and mining.
3815.3  Surface limitation.
3815.4  Protection of stock.

[[Page 804]]

3815.5  Access to stock watering places.
3815.6  Locations subject to mining laws.
3815.7  Mining claims subject to stock driveway withdrawals.
3815.8  Notation required in application for patent; conditions required 
          in patent.

       Subpart 3816--Mineral Locations in Reclamation Withdrawals

3816.1  Mineral locations.
3816.2  Application to open lands to location.
3816.3  Recommendations of Bureau of Reclamation to open lands.
3816.4  Recommendations as to reservations and contract form.

    Authority:  30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.



          Subpart 3811--Lands Subject to Location and Purchase

    Source:  35 FR 9742, June 13, 1970, unless otherwise noted.



Sec. 3811.1  Lands: General.

    Vacant public surveyed or unsurveyed lands are open to prospecting, 
and upon discovery of mineral, to location and purchase. The Act of June 
4, 1897 (30 Stat. 36), provides that ``any mineral lands in any forest 
reservation which have been or which may be shown to be such, and 
subject to entry under the existing mining laws of the United States and 
the rules and regulations applying thereto, shall continue to be subject 
to such location and entry,'' notwithstanding the reservation. This 
makes mineral lands in the forest reserves in the public land states, 
subject to location and entry under the general mining laws in the usual 
manner. Lands entered or patented under the stockraising homestead law 
(title to minerals and the use of the surface necessary for mining 
purposes can be acquired), lands entered under other agricultural laws 
but not perfected, where prospecting can be done peaceably are open to 
location.



Sec. 3811.2  Lands: Specific.



Sec. 3811.2-1  States where locations may be made.

    (a) Mining locations may be made in the States of Alaska, Arizona, 
Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, 
Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South 
Dakota, Utah, Washington, and Wyoming.
    (b) The laws of the United States relating to mining claims were 
extended to Alaska by section 8 of the Act of May 17, 1884 (23 Stat. 
26), and sections 15, 16, and 26 of the Act of June 6, 1900 (31 Stat. 
327, 329; 48 U.S.C. 119, 120, 381-383) again, in terms, extended the 
mining laws of the United States and all right incident thereto, to the 
State, with certain further provisions with respect to the acquisition 
of claims thereunder.
    (c) The law in respect to placer claims in Alaska was modified and 
amended by the Act of August 1, 1912 (37 Stat. 242) and section 4 of 
that Act was amended by the Act of March 3, 1925 (43 Stat. 1118).
    (d) By the Act of May 4, 1934 (43 Stat. 663; 48 U.S.C. 381a) the 
Acts of August 1, 1912, and March 3, 1925, were repealed and the general 
mining laws of the United States applicable to placer mining claims were 
declared to be in full force and effect in the State.



Sec. 3811.2-2  Lands in national parks and monuments.

    The Mining in the Parks Act (16 U.S.C. 1901 et seq.), effectively 
withdrew all National Parks and Monuments from location and entry under 
the General Mining Law of 1872, as amended. Since September 28, 1976, 
all National Parks and Monuments and other units of the National Park 
System have been closed to the location of mining claims and sites under 
the General Mining Law of 1872, as amended. Valid existing rights are 
recognized, but access and permission to operate mining claims and sites 
within units of the National Park System are now governed by 36 CFR part 
9.
[59 FR 44856, Aug. 30, 1994]



Sec. 3811.2-3  Lands in Indian reservations.

    All lands contained within the boundaries of an established Indian 
Reservation are withdrawn from all location, entry, and appropriation 
under the General Mining Law of 1872, as amended. All minerals on Indian 
Reservations may only be acquired by lease pursuant to the Act of May 
11,

[[Page 805]]

1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C. 396), or the 
Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.). The 
regulations governing the mineral leasing of Indian lands are found in 
25 CFR Chapter I Subchapter I.
[59 FR 44857, Aug. 30, 1994]



Sec. 3811.2-4  Lands in national forests.

    For mining claims in national forests, see Sec. 3811.1.



Sec. 3811.2-5  O and C and Coos Bay Wagon Road lands.

    Revested Oregon and California Railroad and Reconveyed Coos Bay 
Wagon Road Grant Lands, located in Oregon, are subject to mining 
locations in accordance with provisions of subpart 3821 of this chapter.



Sec. 3811.2-6  Lands in powersite withdrawals.

    Mining claims may be located on power site withdrawals subject to 
the provisions of part 3730 of this chapter.



Sec. 3811.2-7  Fissionable source material on coal lands.

    Mining claims for fissionable source materials may be located on 
lands known to be valuable for coal under certain conditions. See part 
3720 of this chapter.



Sec. 3811.2-9  Lands under Color of Title Act.

    Lands patented under the Color of Title Act (43 U.S.C. 1068), by 
exchange under the Taylor Grazing Act (43 U.S.C. 415g) and by Forest 
Exchanges (16 U.S.C. 485) with mineral reservation to the United States, 
are subject to appropriation under the mining or mineral leasing laws 
for the reserved materials. See Group 2200 and subpart 2540 of this 
chapter. Minerals in acquired lands of the United States are not subject 
to mining location but the minerals therein may be acquired in 
accordance with the regulations contained in part 3500.



              Subpart 3812--Minerals Under the Mining Laws



Sec. 3812.1  Minerals subject to location.

    Whatever is recognized as a mineral by the standard authorities, 
whether metallic or other substance, when found in public lands in 
quantity and quality sufficient to render the lands valuable on account 
thereof, is treated as coming within the purview of the mining laws. 
Deposits of oil, gas, coal, potassium, sodium, phosphate, oil shale, 
native asphalt, solid and semisolid bitumen, and bituminous rock 
including oil-impregnated rock or sands from which oil is recoverable 
only by special treatment after the deposit is mined or quarried, the 
deposits of sulphur in Louisiana and New Mexico belonging to the United 
States can be acquired under the mineral leasing laws (see Sec. 3100.0-
3(a)(1)), and are not subject to location and purchase under the United 
States mining laws. The so-called ``common variety'' mineral materials 
and petrified wood on the public lands may be acquired under the 
Materials Act, as amended (see part 3600).
[35 FR 9743, June 13, 1970]



 Subpart 3813--Disposal of Reserved Minerals Under the Act of July 17, 
                                  1914

    Source:  35 FR 9743, June 13, 1970, unless otherwise noted.



Sec. 3813.0-3  Authority.

    The Act of July 20, 1956 (70 Stat. 592), which amended the Act of 
July 17, 1914 (38 Stat. 509; 30 U.S.C. sec. 122), was enacted to permit 
the disposal of certain reserved mineral deposits under the mining laws 
of the United States.



Sec. 3813.1  Minerals reserved by the Act of July 17, 1914, subject to mineral location, entry and patenting.

    The Act of July 17, 1914 (38 Stat. 509; 30 U.S.C. sec. 122), as 
amended by the

[[Page 806]]

act of July 20, 1956 (70 Stat. 592), provides in part as follows:

* * * such deposits to be subject to disposal by the United States only 
as shall be hereafter expressly directed by law: Provided, however, That 
all mineral deposits heretofore or hereafter reserved to the United 
States under this Act which are subject, at the time of application for 
patent to valid and subsisting rights acquired by discovery and location 
under the mining laws of the United States made prior to the date of the 
Mineral Leasing Act of February 25, 1920 (41 Stat. 437), shall hereafter 
be subject to disposal to the holders of those valid and subsisting 
rights by patent under the mining laws of the United States in force at 
the time of such disposal. Any person qualified to acquire the reserved 
deposits may enter upon said lands with a view of prospecting for the 
same upon the approval of the Secretary of the Interior of a bond or 
undertaking to be filed with him as security for the payment of all 
damages of the crops and improvements on such lands by reason of such 
prospecting, the measure of any such damage to be fixed by agreement of 
parties or by a court of competent jurisdiction. Any person who has 
acquired from the United States the title to or the right to mine and 
remove the reserved deposits, should the United States dispose of the 
mineral deposits in lands, may re-enter and occupy so much of the 
surface thereof as may be required for all purposes reasonably incident 
to the mining and removel of the minerals therefrom; and mine and remove 
such minerals, upon payment of damages caused thereby to the owner of 
the land, or upon giving a good and sufficient bond or undertaking 
therefor in an action instituted in any competent court to ascertain and 
fix said damages:



Sec. 3813.2  Minerals subject to disposition.

    The Act of July 20, 1956, applies only to any mineral deposit 
discovered and located under the U.S. mining laws prior to February 25, 
1920, and reserved to the United States under the Act of July 17, 1914 
(38 Stat. 509; 30 U.S.C. 122), and which, at the time of application for 
mineral patent, is subject to valid and subsisting rights under the said 
mining laws. Only that mineral deposit together with the right to use 
the surface to prospect for, mine, and remove the said deposit shall, on 
or after July 20, 1956, be subject to disposal to the holders of such 
valid and subsisting rights by patent under the mining laws in force at 
the time of such disposal. ``Oil'' reserved under the Act of 1914 has 
been held to include oil shale. See 52 L.D. 329.



Sec. 3813.3  Provisions of the mineral patent.

    (a) Each patent issued under the Act of July 20, 1956, shall 
specifically name the discovered mineral deposit which had been reserved 
to the United States under the Act of July 17, 1914, and shall recite 
that, in accordance with the reservation in the land patent, the mineral 
patentee and its successors (or his heirs and assigns, if a person) 
shall have the right to prospect for, mine and remove the mineral 
deposit for which the patent is issued.
    (b) If, when it is determined that mineral deposit is subject to 
patenting under the mining laws pursuant to the Act of July 20, 1956, 
there is a subsisting mineral lease or permit covering such deposit, the 
mineral patent shall be issued subject to the mineral lease or permit 
for so long as rights under the lease or permit shall exist, the 
patentee being substituted for the United States as lessor or permittor 
and the patentee being entitled to all revenues derived subsequent to 
the issuance of patent from any such lease or permit.



   Subpart 3814--Disposal of Reserved Minerals Under the Stockraising 
                              Homestead Act



Sec. 3814.1  Mineral reservation in entry and patent; mining and removal of reserved deposits; bonds.

    (a) Section 9 of the Act of December 29, 1916 (39 Stat. 864; 43 
U.S.C. 299), provides that all entries made and patents issued under its 
provisions shall contain a reservation to the United States of all coal 
and other minerals in the lands so entered and patented, together with 
the right to prospect for, mine, and remove the same; also that the coal 
and other mineral deposits in such lands shall be subject to disposal by 
the United States in accordance with the provisions of the coal and 
mineral land laws in force at the time of such disposal.
    (b) Said section 9 also provides that any person qualified to locate 
and enter the coal or other mineral deposits, or having the right to 
mine and remove the same under the laws of the

[[Page 807]]

 United States, shall have the right at all times to enter upon the 
lands entered or patented under the Act, for the purpose of prospecting 
for the coal or other mineral therein, provided he shall not injure, 
damage, or destroy the permanent improvements of the entryman or 
patentee and shall be liable to and shall compensate the entryman or 
patentee for all damages to the crops on the land by reason of such 
prospecting. Under the Act of June 21, 1949 (30 U.S.C. 54), a mineral 
entryman on a stock raising or other homestead entry or patent is also 
held liable for any damage that may be caused to the value of the land 
for grazing by such prospecting for, mining, or removal of minerals 
except that vested rights existing prior to June 21, 1949, are not 
impaired.
    (c) It is further provided in said section 9 that any person who has 
acquired from the United States the coal or other mineral deposits in 
any such land or the right to mine and remove the same, may reenter and 
occupy so much of the surface thereof as may be required for all 
purposes reasonably incident to the mining or removal of the coal, or 
other minerals, first, upon securing the written consent or waiver of 
the homestead entryman or patentee; or, second, upon payment of the 
damages to crops or other tangible improvements to the owner thereof 
under agreement; or, third, in lieu of either of the foregoing 
provisions, upon the execution of a good and sufficient bond or 
undertaking to the United States for the use and benefit of the entryman 
or owner of the land, to secure payment of such damages to the crops or 
tangible improvements of the entryman or owner as may be determined and 
fixed in an action brought upon the bond or undertaking in a court of 
competent jurisdiction against the principal and sureties thereon. This 
bond on Form 3814 must be executed by the person who has acquired from 
the United States the coal or other mineral deposits reserved, as 
directed in said section 9, as principal, with two competent individual 
sureties, or a bonding company which has complied with the requirements 
of the Act of August 13, 1894 (28 Stat. 279; 6 U.S.C. 6-13), as amended 
by the Act of March 23, 1910 (36 Stat. 241; 6 U.S.C. 8, 9), and must be 
in the sum of not less than $1,000. Qualified corporate sureties are 
preferred and may be accepted as sole surety. Except in the case of a 
bond given by a qualified corporate surety there must be filed therewith 
affidavits of justification by the sureties and a certificate by a judge 
or clerk of a court of record, a United States district attorney, a 
United States commissioner, or a United States postmaster as to the 
identity, signatures, and financial competency of the sureties. Said 
bond, with accompanying papers, must be filed with the authorized 
officer of the proper office, and there must also be filed with such 
bond evidence of service of a copy of the bond upon the homestead 
entryman or owner of the land.
    (d) If at the expiration of 30 days after the receipt of the 
aforesaid copy of the bond by the entryman or owner of the land, no 
objections are made by such entryman or owner of the land and filed with 
the authorized officer against the approval of the bond by them, he may, 
if all else be regular, approve said bond. If, however, after receipt by 
the homestead entryman or owner of the lands of copy of the bond, such 
homestead entryman or owner of the land timely objects to the approval 
of the bond by said authorized officer, the said officer will 
immediately give consideration to said bond, accompanying papers, and 
objections filed as aforesaid to the approval of the bond, and if, in 
consequence of such consideration he shall find and conclude that the 
proffered bond ought not to be approved, he will render decision 
accordingly and give due notice thereof to the person proffering the 
bond, at the same time advising such person of his right of appeal to 
the Director of the Bureau of Land Management from the action in 
disapproving the bond so filed and proffered. If, however, the 
authorized officer, after full and complete examination and 
consideration of all the papers filed, is of the opinion that the 
proffered bond is a good and sufficient one and that the objections 
interposed as provided herein against the approval thereof do not set 
forth sufficient reasons to justify him in refusing to approve said 
proffered bond, he will, in writing, duly notify the homestead

[[Page 808]]

 entryman or owner of the land of his decision in this regard and allow 
such homestead entryman or owner of the land 30 days in which to appeal 
to the Director of the Bureau of Land Management. If appeal from the 
adverse decision of the authorized officer be not timely filed by the 
person proffering the bond, the authorized officer will indorse upon the 
bond ``disapproved'' and other appropriate notations, and close the 
case. If, on the other hand, the homestead entryman or owner of the 
lands fails to timely appeal from the decision of the authorized officer 
adverse to the contentions of said homestead entryman or owners of the 
lands, said authorized officer may, if all else be regular, approve the 
bond.
    (e) The coal and other mineral deposits in the lands entered or 
patented under the Act of December 29, 1916, will become subject to 
existing laws, as to purchase or lease, at any time after allowance of 
the homestead entry unless the lands or the coal or other mineral 
deposits are, at the time of said allowance, withdrawn or reserved from 
disposition.
[35 FR 9743, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]



Sec. 3814.2  Mineral reservation in patent; conditions to be noted on mineral applications.

    (a) There will be incorporated in patents issued on homestead 
entries under this Act the following:

    Excepting and reserving, however, to the United States all the coal 
and other minerals in the lands so entered and patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
all the coal and other minerals from the same upon compliance with the 
conditions, and subject to the provisions and limitations, of the Act of 
December 29, 1916 (39 Stat. 862).

    (b) Mineral applications for the reserved deposits disposable under 
the Act must bear on the face of the same, before being signed by the 
declarant or applicant and presented to the authorized officer the 
following notation:

    Patents shall contain appropriate notations declaring same subject 
to the provisions of the Act of December 29, 1916 (39 Stat. 862), with 
reference to disposition, occupancy, and use of the land as permitted to 
an entryman under said Act.
[35 FR 9743, June 13, 1970]



      Subpart 3815--Mineral Locations in Stock Driveway Withdrawals

    Source:  35 FR 9744, June 13, 1970, unless otherwise noted.



Sec. 3815.1  Mineral locations.

    Under authority of the provisions of the Act of January 29, 1929 (45 
Stat. 1144; 43 U.S.C. 300), the rules, regulations, and restrictions in 
this section are prescribed for prospecting for minerals of the kinds 
subject to the United States mining laws, and the locating of mining 
claims upon discovery of such minerals in lands within stock driveway 
withdrawals made before or after May 4, 1929.



Sec. 3815.2  Prospecting and mining.

    All prospecting and mining operations shall be conducted in such 
manner as to cause no interference with the use of the surface of the 
land for stock driveway purposes, except such as may actually be 
necessary.



Sec. 3815.3  Surface limitation.

    While a mining location will be made in accordance with the usual 
procedure for locating mining claims, and will describe a tract of land, 
having due regard to the limitations of area fixed by the mining laws, 
the locator will be limited under his location to the right to the 
minerals discovered in the land and to mine and remove the same, and to 
occupy so much of the surface of the claim as may be required for all 
purposes reasonably incident to the mining and removal of the minerals.



Sec. 3815.4  Protection of stock.

    All excavations and other mining work and improvements made in 
prospecting and mining operations shall be fenced or otherwise protected 
to prevent the same from being a menace to stock on the land.



Sec. 3815.5  Access to stock watering places.

    No watering places shall be inclosed, nor proper and lawful access 
of stock

[[Page 809]]

 thereto prevented, nor the watering of stock thereat interfered with.



Sec. 3815.6  Locations subject to mining laws.

    Prospecting for minerals and the location of mining claims on lands 
in such withdrawals shall be subject to the provisions and conditions of 
the mining laws and the regulations thereunder.



Sec. 3815.7  Mining claims subject to stock driveway withdrawals.

    Mining claims on lands within stock driveway withdrawals, located 
prior to May 4, 1929, and subsequent to the date of the withdrawal, may 
be held and perfected subject to the provisions and regulations in this 
section.



Sec. 3815.8  Notation required in application for patent; conditions required in patent.

    (a) Every application for patent for any minerals located subject to 
this Act must bear on its face, before being executed by the applicant 
and presented for filing, the following notation:

    Subject to the provisions of section 10 of the Act of December 29, 
1916 (39 Stat. 862), as amended by the Act of January 29, 1929 (45 Stat. 
1144).


Like notation will be made by the manager on the final certificates 
issued on such a mineral application.
    (b) Patents issued on such applications will contain the added 
condition:

    That this patent is issued subject to the provisions of the Act of 
December 29, 1916 (39 Stat. 862), as amended by the Act of January 29, 
1929 (45 Stat. 1144), with reference to the disposition, occupancy and 
use of the land as permitted to an entryman under said Act.



       Subpart 3816--Mineral Locations in Reclamation Withdrawals

    Source:  35 FR 9744, June 13, 1970, unless otherwise noted.



Sec. 3816.1  Mineral locations.

    The Act of April 23, 1932 (47 Stat. 136; 43 U.S.C. 154), authorizes 
the Secretary of the Interior in his discretion to open to location, 
entry and patent under the general mining laws with reservation of 
rights, ways and easements, public lands of the United States which are 
known or believed to contain valuable deposits of minerals and which are 
withdrawn from development and acquisition because they are included 
within the limits of withdrawals made pursuant to section 3 of the 
reclamation Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 416).



Sec. 3816.2  Application to open lands to location.

    Application to open lands to location under the Act may be filed by 
a person, association or corporation qualified to locate and purchase 
claims under the general mining laws. The application must be executed 
in duplicate and filed in the proper office, must describe the land the 
applicant desires to locate, by legal subdivision if surveyed, or by 
metes and bounds if unsurveyed, and must set out the facts upon which is 
based the knowledge or belief that the lands contain valuable mineral 
deposits, giving such detail as the applicant may be able to furnish as 
to the nature of the formation, kind and character of the mineral 
deposits. Each application shall be accompanied by a $10 nonrefundable 
service charge.



Sec. 3816.3  Recommendations of Bureau of Reclamation to open lands.

    When the application is received in the Bureau of Land Management, 
if found satisfactory, the duplicate will be transmitted to the Bureau 
of Reclamation with request for report and recommendation. In case the 
Bureau of Reclamation makes an adverse report on the application, it 
will be rejected subject to right of appeal.



Sec. 3816.4  Recommendations as to reservations and contract form.

    If in the opinion of the Bureau of Reclamation the lands may be 
opened under the Act without prejudice to the rights of the United 
States, the report will recommend the reservation of such ways, rights 
and easements considered necessary or appropriate, and/or the form of 
contract to be executed by the intending locator or entryman as a 
condition precedent to the vesting of

[[Page 810]]

 any rights in him, which may be necessary for the protection of the 
irrigation interests.



PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS--Table of Contents




                       Subpart 3821--O and C Lands

Sec.
3821.0-3  Authority.
3821.1  General provisions.
3821.2  Requirements for filing notices of locations of claims; 
          descriptions.
3821.3  Requirement for filing statements of assessment work.
3821.4  Restriction on use of timber; application for such use.
3821.5  Application for final certificates and patents.

      Subpart 3822--Lands Patented Under the Alaska Public Sale Act

3822.1  Subject to mining location.
3822.2  Compensation to surface rights holder.

Subpart 3823--Prospecting, Mineral Locations, and Mineral Patents Within 
                       National Forest Wilderness

3823.0-1  Purpose.
3823.0-5  Definition.
3823.1  Prospecting within National Forest Wilderness for the purpose of 
          gathering information about mineral resources.
3823.2  Mineral locations within National Forest Wilderness.
3823.3  Mineral patents within National Forest Wilderness.
3823.4  Withdrawal from operation of the mining laws.

           Subpart 3824--City of Prescott, Arizona, Watershed

3824.1  Mining locations.

            Subpart 3825--Papago Indian Reservation, Arizona

3825.0-3  Authority.
3825.1  Mining locations in Papago Indian Reservation in Arizona.

                     Subparts 3826-3827  [Reserved]

    Authority:  30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.



                       Subpart 3821--O and C Lands

    Source:  35 FR 9745, June 13, 1970, unless otherwise noted.



Sec. 3821.0-3  Authority.

    The authorities for the regulations in this subpart are the Act of 
April 8, 1948 (62 Stat. 162); Section 314 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1744); and the Act of August 10, 1993 
(30 U.S.C. 28f-k, 107 Stat. 405).
[59 FR 44857, Aug. 30, 1994]



Sec. 3821.1  General provisions.

    (a) The Act of April 8, 1948 (62 Stat. 162) reopens the revested 
Oregon and California Railroad and Reconveyed Coos Bay Wagon Road Grant 
Lands (hereinafter referred to in this section as the O. and C. lands) 
in Oregon, except power sites, to exploration, location, entry, and 
disposition under the United States Mining Laws. The Act also validates 
mineral claims, if otherwise valid, located on the O. and C. lands 
during the period from August 28, 1937 to April 8, 1948.
    (b) The procedure in the locating of mining claims, performance of 
annual labor, and the prosecution of mineral patent proceedings in 
connection with O. and C. lands is the same as provided by the United 
States Mining Laws and the general regulations in this part, and is also 
subject to the additional conditions and requirements hereinafter set 
forth.



Sec. 3821.2  Requirements for filing notices of locations of claims; descriptions.

    The owner of any unpatented mining claim, mill site, or tunnel site 
located on land described in Sec. 3821.1 shall file all notices or 
certificates of location, amended notices or certificates, and transfers 
of interest in the proper State Office of the Bureau of Land Management 
pursuant to Secs. 3833.1, 3833.3, 3833.4, and 3833.5 of this title and 
shall pay the applicable maintenance, location, and service fees 
required by subpart 3833 of this title. The notice or certificate of 
location, or amendment thereto, shall be marked by the owner as being 
filed under the Act of April 8, 1948, and, if located on powersite 
lands, also the Act of August 11, 1955, as prescribed by Secs. 3734.1 
and 3833.5 of this title.
[59 FR 44857, Aug. 30, 1994

[[Page 811]]



Sec. 3821.3  Requirement for filing statements of assessment work.

    The owner of an unpatented mining claim, mill site, or tunnel site 
located on O and C lands shall perform and record proof of annual 
assessment work, or pay an annual maintenance fee of $100 per unpatented 
mining claim, mill site, or tunnel site, pursuant to subpart 3833 of 
this title.
[59 FR 44857, Aug. 30, 1994]



Sec. 3821.4  Restriction on use of timber; application for such use.

    The owner of any unpatented mining claim located upon O. and C. 
lands on or after August 28, 1937, shall not acquire title, possessory 
or otherwise, to the timber, now or hereafter growing upon such claim. 
Such timber may be managed and disposed of under existing law or as may 
be provided by subsequent law. The owner of such unpatented mining 
claim, until such time as the timber is otherwise disposed of by the 
United States, if he wishes to cut and use so much of the timber upon 
his claim as may be necessary in the development and operation of his 
mine, shall file a written application with the district forester for 
permission to do so. The application shall set forth the estimated 
quantity and kind of timber desired and the use to which it will be put. 
The applicant shall not cut any of the timber prior to the approval of 
the application therefor.



Sec. 3821.5  Applications for final certificates and patents.

    Applications for patents and final certificates in connection with 
mining claims located upon O. and C. lands on or after August 28, 1937 
must be noted ``Mining claims on O. and C. lands, under the Act of April 
8, 1948.'' All patents issued on such claims located on or after August 
28, 1937, shall contain an appropriate reference to the Act of April 8, 
1948, and shall indicate that the patent is issued subject to the 
conditions and limitations of the Act.



      Subpart 3822--Lands Patented Under the Alaska Public Sale Act



Sec. 3822.1  Subject to mining location.

    Lands segregated for classification or sold under the Alaska Public 
Sale Act of August 30, 1949 (63 Stat. 679, 48 U.S.C. 364a-364e) are 
subject to mining location, under the provision of section 3 of that Act 
for the development of the reserved minerals under applicable law, 
including the United States mining laws, and subject to the rules and 
regulations of the Secretary of the Interior necessary to provide 
protection and compensation for damages from mining activities to the 
surface and improvements thereon. Such mining locations are subject to 
the applicable general regulations in Group 3800 and to the additional 
conditions and requirements in Sec. 2771.6-2 of this chapter.
[35 FR 9746, June 13, 1970]



Sec. 3822.2  Compensation to surface rights holder.

    Any party who obtains the right, whether by license, permit, lease, 
or location, to prospect for, mine, or remove the minerals after the 
land shall have been segregated or disposed of under the Act, will be 
required to compensate the holder of the surface rights for any damages 
that may be caused to the value of the land and to the tangible 
improvements thereon by such mining operations or prospecting, and may 
be required by an authorized officer, as to mining claims, or by the 
terms of the mineral license, permit or lease, to post a surety bond not 
to exceed $20,000 in amount to protect the surface owner against such 
damage, prior to the commencement of mining operations.
[35 FR 9746, June 13, 1970]



Subpart 3823--Prospecting, Mineral Locations, and Mineral Patents Within 
                       National Forest Wilderness

    Source:  35 FR 9746, June 13, 1970, unless otherwise noted.

[[Page 812]]



Sec. 3823.0-3  Purpose.

    This subpart sets forth procedures to be followed by persons wishing 
to prospect on lands within National Forest Wilderness, and special 
provisions pertaining to mineral locations and mineral patents within 
National Forest Wilderness.



Sec. 3823.0-5  Definition.

    As used in this subpart the term National Forest Wilderness means an 
area or part of an area of National Forest lands designated by the 
Wilderness Act as a wilderness area within the National Wilderness 
Preservation System.



Sec. 3823.1  Prospecting within National Forest Wilderness for the purpose of gathering information about mineral resources.

    (a) The provisions of the Wilderness Act do not prevent any 
activity, including prospecting, within National Forest Wilderness for 
the purpose of gathering information about mineral or other resources if 
such activity is conducted in a manner compatible with the preservation 
of the wilderness environment. While information gathered by prospecting 
concerning mineral resources within National Forest Wilderness may be 
utilized in connection with the location of valuable mineral deposits 
which may be discovered through such activity and which may be open to 
such location, attention is directed to the fact that no claim may be 
located after midnight, December 31, 1983, and no valid discovery may be 
made after that time on any location purportedly made before that time.
    (b) All persons wishing to carry on any activity, including 
prospecting, for the purpose of gathering information about mineral or 
other resources on lands within National Forest Wilderness should make 
inquiry of the officer in charge of the National Forest in which the 
lands are located concerning the regulations of the Secretary of 
Agriculture governing surface use of the lands for such activity.



Sec. 3823.2  Mineral locations within National Forest Wilderness.

    (a) Until midnight, December 31, 1983, the mining laws of the United 
States and the regulations of this chapter pertaining thereto, including 
any amendments thereto effective during such period, shall to the same 
extent as applicable before September 3, 1964, extend to National Forest 
Wilderness, subject to the provisions of such regulations as may be 
prescribed by the Secretary of Agriculture pursuant to section 4(d)(3) 
of the Wilderness Act.
    (b) All mineral locations established after September 3, 1964, and 
lying within the National Forest Wilderness, shall be held and used 
solely for mining or processing operations and uses incident thereto, 
and such locations shall carry with them no rights in excess of those 
rights which may be patented under the provisions of Sec. 3823.3 of this 
chapter.
    (c) All persons wishing to carry on any activity under the mining 
laws on lands within National Forest Wilderness, on or after September 
3, 1964, should make inquiry of the officer in charge of the National 
Forest in which the lands are located concerning the regulations of the 
Secretary of Agriculture governing activities to be performed thereon in 
connection with the locations of mining claims.



Sec. 3823.3  Mineral patents within National Forest Wilderness.

    (a) Each patent issued under the U.S. mining laws for mineral 
locations established after September 3, 1964, or validated by discovery 
of minerals occurring after September 3, 1964, and lying within National 
Forest Wilderness shall, in accordance with the provisions of section 
4(d)(3) of the Wilderness Act:
    (1) Convey title to the mineral deposits within the patented lands, 
together with the right to cut and use so much of the mature timber 
therefrom as may be needed in the extraction, removal, and beneficiation 
of the mineral deposits, if needed timber is not otherwise reasonably 
available, and if the timber is cut under sound principles of forest 
management as defined by the National Forest rules and regulations;
    (2) Reserve to the United States all title in or to the surface of 
the lands and products thereof; and
    (3) Provide that no use of the surface of the patented lands or the 
resources

[[Page 813]]

therefrom not reasonably required for carrying on mining or prospecting 
shall be allowed except as expressly provided in the Wilderness Act.
    (b) Each patent to which the provisions of this section are 
applicable shall contain the express condition that the use of the 
patented lands shall be subject to regulations prescribed by the 
Secretary of Agriculture as referred to in Sec. 3823.2 of this subpart 
and that the patented lands shall be held open for reasonable inspection 
by authorized officers of the U.S. Government for the purpose of 
observing compliance with the provisions thereof.



Sec. 3823.4  Withdrawal from operation of the mining laws.

    Effective at midnight, December 31, 1983, subject to valid rights 
then existing, the minerals in lands within National Forest Wilderness 
are withdrawn from the operation of the mining laws by virtue of the 
provisions of section 4(d)(3) of the Wilderness Act.



           Subpart 3824--City of Prescott, Arizona, Watershed



Sec. 3824.1  Mining locations.

    (a) The Act of January 19, 1933 (47 Stat. 771; 16 U.S.C. 482a) 
applies to approximately 3,600 acres in the city of Prescott municipal 
watershed, within the Prescott National Forest, Arizona. Rights acquired 
under mining locations made after the date of the act on any of the 
described lands are limited to the right to occupy and use so much of 
the surface of the land covered by the location as is reasonably 
necessary to carry on prospecting and mining, including the taking of 
mineral deposits and timber required by or in the mining operations; and 
patents for such locations shall convey title to the mineral deposits 
and a limited right to cut and remove timber for mining purposes, such 
patent to reserve to the United States all title in or to the surface of 
the lands and products thereof.
    (b) The authorized officer will note on the face of all applications 
for patent for mining claims embracing any of the described lands that 
the same are subject to the conditions, provisions, limitations, and 
reservations of the Act except applications for claims located prior to 
the date of the act and as to which the applicants expressly request 
patent under the provisions of the general mining laws. Patents issued 
subject to the act will contain appropriate conditions with respect to 
cutting of timber and reservation of surface in the United States.
    (c) Under section 3 of the Act (47 Stat. 771; 16 U.S.C. 482a), valid 
claims existing at the date of the act and thereafter maintained may be 
perfected under this act or under the law under which they were 
initiated, as the claimant may desire. Such claimant may, therefore, 
continue the development of his claim under the provisions of the act 
and secure patent for the mineral deposits only under its provisions, or 
he may continue to hold under the general mining laws and secure patent 
which will convey to him the surface as well as the minerals in the 
claim.
[35 FR 9746, June 13, 1970]



            Subpart 3825--Papago Indian Reservation, Arizona



Sec. 3825.0-3  Authority.

    (a) The Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461-479), as 
amended by the Act of August 28, 1937 (50 Stat. 862; 25 U.S.C. 463), 
revokes departmental order of October 28, 1932, which temporarily 
withdrew from all forms of mineral entry or claim the lands within the 
Papago Indian Reservation and restores, as of June 18, 1934, such lands 
to exploration, location and purchase under the existing mining laws of 
the United States.
    (b) The regulations in this part apply to entries made prior to May 
27, 1955. By virtue of the Act of May 27, 1955 (69 Stat. 67; 25 U.S.C. 
463) mineral entries may no longer be made within the Papago Indian 
Reservation.
[35 FR 9747, June 13, 1970]



Sec. 3825.1  Mining locations in Papago Indian Reservation in Arizona.

    (a) The procedure in the location of mining claims, performance of 
annual labor and the prosecution of patent proceedings therefor shall be 
the same as provided by the United States mining laws and regulations 
thereunder,

[[Page 814]]

with the additional requirements prescribed in this section.
    (b) In addition to complying with the existing laws and regulations 
governing the recording of mining locations with the proper local 
recording officer, the locator of a mining claim within the Papago 
Indian Reservation shall furnish to the superintendent or other officer 
in charge of the reservation, within 90 days of such location, a copy of 
the location notice, together with a sum amounting to 5 cents for each 
acre and 5 cents for each fractional part of an acre embraced in the 
location for deposit with the Treasury of the United States to the 
credit of the Papago Tribe as yearly rental. Failure to make the 
required annual rental payment in advance each year until an application 
for patent has been filed for the claim shall be deemed sufficient 
grounds for invalidating the claim. The payment of annual rental must be 
made to the superintendent or other officer in charge of the reservation 
each year on or prior to the anniversary date of the mining location.
    (c) Where a mining claim is located within the reservation, the 
locator shall pay to the superintendent or other officer in charge of 
the reservation damages for the loss of any improvements on the land in 
such a sum as may be determined by the Secretary of the Interior to be a 
fair and reasonable value of such improvements, for the credit of the 
owner thereof. The value of such improvements may be fixed by the 
Commissioner, Bureau of Indian Affairs, with the approval of the 
Secretary of the Interior, and payment in accordance with such 
determination shall be made within 1 year from date thereof.
    (d) At the time of filing with the manager an application for 
mineral patent for lands within the Papago Indian Reservation the 
applicant shall furnish, in addition to the showing required under the 
general mining laws, a statement from the superintendent or other 
officer in charge of the reservation, that he has deposited with the 
proper official in charge of the reservation for deposit in the Treasury 
of the United States to the credit of the Papago Tribe a sum equal to $1 
for each acre and $1 for each fractional part of an acre embraced in the 
application for patent in lieu of annual rental, together with a 
statement from the superintendent or other officer in charge of the 
reservation that the annual rentals have been paid each year and that 
damages for loss of improvements, if any, have been paid.
    (e) The Act provides that in case patent is not acquired the sum 
deposited in lieu of annual rentals shall be refunded. Where patent is 
not acquired, such sums due as annual rentals but not paid during the 
period of patent application shall be deducted from the sum deposited in 
lieu of annual rental. Applications for refund shall be filed in the 
office of the manager and should follow the general procedure in 
applications for repayment.
    (f) Water reservoirs, charcos, water holes, springs, wells, or any 
other form of water development by the United States or the Papago 
Indians shall not be used for mining purposes under the terms of the 
said Act of August 28, 1937, except under permit from the Secretary of 
the Interior approved by the Papago Indian Council.
    (g) A mining location may not be located on any portion of a 10 acre 
legal subdivision containing water reservoirs, charcos, water holes, 
springs, wells or any other form of water development by the United 
States or the Papago Indians except under a permit from the Secretary of 
the Interior approved by the Papago Indian Council which permit shall 
contain such stipulations, restrictions, and limitations regarding the 
use of the land for mining purposes as may be deemed necessary and 
proper to permit the free use of the water thereon by the United States 
or the Papago Indians.
    (h) The term locator wherever used in this section shall include and 
mean his successors, assigns, grantees, heirs, and all others claiming 
under or through him.
[35 FR 9747, June 13, 1970]

[[Page 815]]



                     Subparts 3826-3827  [Reserved]



PART 3830--LOCATION OF MINING CLAIMS--Table of Contents




                  Subpart 3831--Rights to Mineral Lands

Sec.
3831.1  Manner of initiating rights under locations.

                  Subpart 3832--Who May Make Locations

3832.1  Qualifications.

Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel Sites 
       and Payment of Service Charges; and Payment of Rental Fees

3833.0-1  Purpose.
3833.0-2  Objectives.
3833.0-3  Authority.
3833.0-5  Definitions.
3833.0-9  Information collection.
3833.1  Recordation of mining claims.
3833.1-1  Refundability of service charges, location fees, rental and 
          maintenance fees.
3833.1-2  Recordation of mining claims, mill sites and tunnel sites 
          located after October 21, 1976.
3833.1-3  Service charges, rental fees, maintenance fees, and location 
          fees; form of remittance and acceptance.
3833.1-4  Service charges and location fees.
3833.1-5  Maintenance fees.
3833.1-6  Maintenance fee waiver qualifications under the Act of August 
          10, 1993, and other exceptions--applicable from 12 o'clock 
          noon on September 1, 1993, until 12 o'clock noon September 1, 
          1999.
3833.1-7  Filing requirements for the maintenance fee waiver and other 
          exceptions.
3833.2  Annual filings.
3833.2-1  National Park System lands.
3833.2-2  Other Federal lands.
3833.2-3  Consistency between the Federal Land Policy and Management 
          Act, the General Mining Law of May 10, 1872, and the Act of 
          August 10, 1993.
3833.2-4  Contents for evidence of assessment work.
3833.2-5  Contents for a notice of intention to hold claim or site.
3833.2-6  When evidence or notice is not required.
3833.3  Notice of transfer of interest.
3833.4  Failure to file, or to pay maintenance or location fees.
3833.5  Effect of recording and filing.

    Authority:  30 U.S.C. 22 and 28; 43 U.S.C. 1201; 31 U.S.C. 9701; 16 
U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30 U.S.C. 242; 50 U.S.C. 
Appendix 565; 107 Stat. 60; 107 Stat. 405.



                  Subpart 3831--Rights to Mineral Lands



Sec. 3831.1  Manner of initiating rights under locations.

    Rights to mineral lands, owned by the United States, are initiated 
by prospecting for minerals thereon, and, upon the discovery of 
minerals, by locating the lands upon which such discovery has been made. 
A location is made by (a) staking the corners of the claim, except 
placer claims described by legal subdivision where State law permits 
locations without marking the boundaries of the claims on the ground, 
(b) posting notice of location thereon, and (c) complying with the State 
laws, regarding the recording of the location in the county recorder's 
office, discovery work, etc. As supplemental to the United States mining 
laws there are State statutes relative to location, manner of recording 
of mining claims, etc., in the State, which should also be observed in 
the location of mining claims. Information as to State laws can be 
obtained locally or from State officials.

(See 38 FR 24650, Sept. 10, 1973)



                  Subpart 3832--Who May Make Locations



Sec. 3832.1  Qualifications.

    Citizens of the United States, or those who have declared their 
intention to become such, including minors who have reached the age of 
discretion and corporations organized under the laws of any State, may 
make mining locations. Agents may make locations for qualified locators.
[35 FR 9750, June 13, 1970]



Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel Sites 
       and Payment of Service Charges; and Payment of Rental Fees



Sec. 3833.0-1  Purpose.

    The purpose of the regulations is to establish procedures for:
    (a) The recordation in the proper BLM office of unpatented mining

[[Page 816]]

claims, mill sites, or tunnel sites on Federal lands;
    (b) The filing in the same office of evidence of performance of 
annual assessment work or of a notice of intention to hold an unpatented 
mining claim;
    (c) The payment in the same office of an annual maintenance fee, if 
required, for each mining claim, mill site, or tunnel site held by the 
claimant;
    (d) Notifying the proper BLM office of the transfer of an interest 
in unpatented mining claims, mill sites, or tunnel sites.
    (e) These regulations are not intended to supersede or replace 
existing recording requirements under state law except when specifically 
changed by the provisions of the Federal Land Policy and Management Act 
(FLPMA) of 1976 (43 U.S.C. 1701), and are not intended to make the 
Bureau office the official recording office for all ancillary documents 
(wills, liens, judgments, etc.) involving an unpatented mining claim, 
mill site or tunnel site.
[47 FR 56304, Dec. 15, 1982, as amended at 58 FR 38197, July 15, 1993; 
59 FR 44857, Aug. 30, 1994]



Sec. 3833.0-2  Objectives.

    The objectives of these regulations are:
    (a) To determine the number and location of unpatented mining 
claims, mill sites, or tunnel sites located on Federal lands in order to 
assist in the surface management of those lands and the mineral 
resources therein;
    (b) To remove any cloud on the title to those lands that may exist 
because they are subject to mining claims that may have been abandoned;
    (c) To provide the BLM with information as to the location of active 
mining claims;
    (d) To keep the BLM informed of transfers of interest in unpatented 
mining claims, mill sites, or tunnel sites.
[47 FR 56304, Dec. 15, 1982]



Sec. 3833.0-3  Authority.

    (a) Sections 314(a) and (b) of the Federal Land Policy and 
Management Act (43 U.S.C. 1744), as amended by the Act of August 10, 
1993 (30 U.S.C. 28f-k, 107 Stat. 405), require the recordation of 
unpatented mining claims, mill sites, and tunnel sites, and the filing 
of information concerning annual assessment work performed on unpatented 
mining claims in the proper BLM office within specified time periods. 
Section 314(c) of FLPMA provides that a failure to record the required 
documents within the time limits imposed by the statute constitutes a 
conclusive abandonment of the mining claim, mill site, or tunnel site, 
which shall be void.
    (b) The Secretary has the general responsibility and authority for 
the management of Federal lands under 43 U.S.C. 2, 43 U.S.C. 1212, and 
43 U.S.C. 1457, and section 310 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1740).
    (c) The General Mining Law of May 10, 1872, section 2319 of the 
Revised Statutes (30 U.S.C. 22) provides that the exploration, location, 
and purchase of valuable mineral deposits shall be ``under regulations 
prescribed by law,'' and section 2478 of the Revised Statutes, as 
amended (43 U.S.C. 1201), provides that those regulations will be issued 
by the Secretary.
    (d) The Act of August 31, 1951 (31 U.S.C. 9701) and section 304(a) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734).
    (e) Sections 10101-10106 of the Act of August 10, 1993 (Pub. L. 103-
66, 107 Stat. 405), require an annual maintenance fee of $100 to be paid 
to the proper State Office of the Bureau of Land Management for each 
non-waived mining claim, mill site, or tunnel site. With certain 
exceptions provided in Sec. 3833.1-6, this fee is in lieu of the 
requirement to perform and record annual assessment work under 30 U.S.C. 
28-28e and section 314(a) of FLPMA. Failure to pay the fee within the 
time limits prescribed by the Act of August 10, 1993, constitutes a 
statutory abandonment and forfeiture of the non-waived mining claim, 
mill site, or tunnel site. Provisions relating to maintenance fees and 
waivers are contained in Secs. 3833.0-3(f), 3833.1-5, 3833.1-6, and 
3833.1-7.
    (f) Section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 
242) requires oil shale claim holders to pay an annual fee of $550 per 
oil shale claim, notwithstanding any other provision of

[[Page 817]]

law. The Act of August 10, 1993, specifically states that the 
maintenance fee provision shall not apply to any oil shale claims for 
which a fee is required to be paid under Section 2511(e)(2) of the 
Energy Policy Act of 1992. The $550 fee requirement for oil shale claims 
remains in effect. The $550 fee is first payable on or before December 
31, 1993, and on or before each December 31st thereafter.
    (g) The Stockraising Homestead Act of December 29, 1916 (SRHA) (43 
U.S.C. 299), as amended by the Act of April 16, 1993 (107 Stat. 60), 
provides that no person other than the surface owner may locate a mining 
claim on SRHA lands after October 13, 1993, until a notice of intent to 
locate has been filed with the proper BLM State Office and the surface 
owner is notified of the filing.
    (1)(i) When a notice of intent to locate a mining claim has been 
properly filed by a mining claimant, no other person may, until 90 days 
after the date the notice of intent is filed:
    (A) File such a notice with respect to any portions of the lands 
covered by the first notice;
    (B) Explore for minerals or locate a mining claim on any portion of 
such lands; or
    (C) File an application to acquire any interest in any portion of 
such lands pursuant to Section 209 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1719).
    (ii) The 90-day exclusive right may be extended by filing a Plan of 
Operations pursuant to subpart 3809 of this title. The extension runs 
until the BLM has approved or denied the Plan of Operations.
    (2) The mining claimant may not locate mining claims on the lands 
encompassed by a notice under the Act of April 16, 1993, until at least 
30 days after he or she has properly notified the surface owner by 
registered or certified mail, return receipt requested.
    (3) The Act of April 16, 1993, contains numerous other requirements 
prerequisite to a claimant engaging in mineral exploration and 
development activities on SRHA lands. These requirements are 
administered pursuant to subpart 3814 of this title.
    (h) The Soldiers' and Sailors' Relief Act of 1940 (50 U.S.C. 
appendix 565) excuses performance of assessment work by military 
personnel while they are on active duty, or within 6 months of their 
release from active duty, or during or within 6 months after their 
release from any period of hospitalization due to military injuries. The 
procedures for obtaining a waiver from the performance of assessment 
work may be found in subpart 3851 of this title.
[42 FR 5300, Jan. 27, 1977, as amended at 44 FR 9722, Feb. 14, 1979; 47 
FR 56304, Dec. 15, 1982; 53 FR 48881, Dec. 2, 1988; 58 FR 38197, July 
15, 1993; 59 FR 44857, Aug. 30, 1994]



Sec. 3833.0-5  Definitions.

    As used in this subpart:
    (a) FLPMA means the Federal Land Policy and Management Act of 1976, 
as amended (43 U.S.C. 1701) et seq.).
    (b) Unpatented mining claim means a lode mining claim or a placer 
mining claim located and held under the General Mining Law of 1872, as 
amended (30 U.S.C. 21-54), for which a patent under 30 U.S.C. 29 and 43 
CFR part 3860 has not been issued.
    (c) Mill site means any land located under 30 U.S.C. 42 for which 
patent under 30 U.S.C. 42 and 43 CFR part 3860 has not been issued.
    (d) Tunnel site means a tunnel located pursuant to 30 U.S.C. 27.
    (e) Owner or claimant means the person who is, under State or 
Federal law, the holder of the right to sell or transfer all or any part 
of an unpatented mining claim, mill site, or tunnel site. The name of 
the owner and his or her current address shall be identified on all 
instruments required to be recorded or filed by the regulations in this 
subpart.
    (f) Federal lands means any lands or interest in lands owned by the 
United States, except lands within units of the National Park System, 
which are subject to location under the General Mining Law of 1872, 
supra, including, but not limited to, those lands within forest 
reservations in the National Forest System and wildlife refuges in the 
National Wildlife Refuge System.
    (g) Proper BLM office means the Bureau of Land Management State 
Office listed in Sec. 1821.2-1(d) of this title having jurisdiction over 
the land in which the claims or sites are located. In Alaska, the 
Northern District Office's Records

[[Page 818]]

and Public Information Unit, located in Fairbanks, may also receive and 
record documents, filings, and fees for all mining claims, mill sites, 
and tunnel sites located in the State of Alaska.
    (h) Date of location or located means the date determined by State 
law in the local jurisdiction in which the unpatented mining claim, mill 
or tunnel site is situated.
    (i) Copy of the official record means a legible reproduction or 
duplicate, except microfilm, of the instrument which was or will be 
filed under state law in the local jurisdiction where the claim or site 
is located. It also includes and exact reproduction, duplicate, except 
microfilm, of an amended instrument which may change or alter the 
description of the claim or site.
    (j) Affidavit of assessment work means the instrument required under 
state law that certifies that assessment work required by 30 U.S.C. 28 
has been performed on, or for the benefit of, a mining claim or, if 
state law does not require the filing of such an instrument, an 
affidavit evidencing the performance of such assessment work; and
    (k) Notice of intention to hold a mining claim means an instrument 
containing the information required in Sec. 3833.2-5 of this title which 
has been or will be filed under state law in the local jurisdiction 
indicating that the owner continues to have an interest in the claim.
    (l) Notice of intention to hold a mill or tunnel site means an 
instrument containing the information in the form required in 
Sec. 3833.2-5 of this title indicating that the owner continues to hold 
an interest in the site.
    (m) File or filed means being received and date stamped by the 
proper BLM office. For purposes of complying with Secs. 3833.1-2, 
3833.1-3, 3833.1-5, 3833.1-6, 3833.1-7, or 3833.2, a filing or fee 
required by any of these sections is timely if received within the time 
period prescribed by law, or, if mailed to the proper BLM office, is 
contained within an envelope clearly postmarked by a bona fide mail 
delivery service within the period prescribed by law and received by the 
proper BLM State Office by 15 calendar days subsequent to such period, 
except as provided in Sec. 1821.2-2(e) of this title if the last day 
falls on a day the office is closed.
    (n) Assessment year is defined in 30 U.S.C. 28 and commences at 12 
o'clock noon on September 1st of each year. For the purpose of complying 
with the requirements of section 314(a) of the Act, the calendar year in 
which the assessment year ends is the year for which the evidence of 
annual assessment work shall be filed.
    (o) Filing period means the time period during which documents and 
fees are required to be provided to the proper BLM office. Except for 
filings and recordings required of a small miner qualifying for a waiver 
under Sec. 3833.1-7 of this title, filings under FLPMA that would have 
been due on December 30, 1994, and each December 30 through and 
including December 30, 1999, are waived effective January 1, 1994, and 
so long thereafter as the Act of August 10, 1993, is in effect.
    (p) Amended location means a location that is in furtherance of an 
earlier valid location and that may or may not take in different or 
additional unappropriated ground. An amendment may:
    (1) Correct or clarify defects or omissions in the original notice 
or certificate of location; or
    (2) Change the legal description, mining claim name, position of 
discovery or boundary monuments, or similar items.

An amended location notice relates back to the original location notice 
date. No amendment is possible if the original location is void. An 
amendment to a notice or certificate of location shall not be used to 
effect a transfer of ownership of interest or to add owners. Such 
transfers or additions shall only be filed with the proper State Office 
of the BLM pursuant to Sec. 3833.3.
    (q) Relocation means the establishment of a new mining claim, mill 
site, or tunnel site. A relocation may not be established by the use of 
an amended location notice, but requires a new original location notice 
or certificate as prescribed by state law.
    (r) Annual filing means either an affidavit of assessment work or a 
notice of intention to hold the mining claim, mill site, or tunnel site.

[[Page 819]]

    (s) Authorized officer means any employee of the Bureau of Land 
Management to whom authority has been delegated to perform the duties 
described in this subpart.
    (t) Small miner means a claimant/owner of a mining claim(s), that 
meets the requirements of Secs. 3833.1-6 and 3833.1-7.
    (u) Age of discretion means that age at which, pursuant to State 
law, an individual is legally entitled to manage his or her own affairs, 
and to enjoy civic rights.
    (v) Maintenance fee means the annual $100 payment required by the 
Act of August 10, 1993 (Pub.L. 103-66, 107 Stat. 312), to hold and 
maintain a mining claim, mill site, or tunnel site. The requirement to 
pay a maintenance fee does not apply to any claim located after 
September 29, 1998.
    (w) Location fee means the one time $25 payment required by the Act 
of August 10, 1993, for all new mining claims and mill and tunnel sites 
located upon the public lands on or after August 11, 1993, and before 
September 30, 1998. The location fee shall be paid at the time the 
mining claim or site is recorded with the proper BLM office.
    (x) Related party means:
    (1) The spouse and dependent children of the claimant as defined in 
section 152 of the Internal Revenue Code of 1986, or
    (2) A person who controls, is controlled by, or is under common 
control with the claimant.
    (y) Control means, as defined in the Act of August 10, 1993, actual 
control, legal control, and the power to exercise control, through or by 
common directors, officers, stockholders, a voting trust, or a holding 
company or investment company, or any other means.
    (z) Forfeiture means the consequences of an act or failure to act 
that results in an unpatented mining claim, mill, or tunnel site being 
deemed to be by operation of law abandoned or null and void. The term 
has the same meaning whether it is used in the noun form or in the verb 
form ``forfeit'' or ``forfeited.''
    (aa) Returnable means that a check or negotiable instrument, 
including a valid credit card order, is received by the authorized 
officer but not yet processed through the accounting system of the 
Bureau of Land Management, and can be returned to the originator without 
processing of a refund check through the United States Treasury pursuant 
to Sec. 3833.1-1.
    (bb) Refundable means that a check or negotiable instrument, 
including a valid credit card order, has been processed through the 
accounting system of the Bureau of Land Management, and cannot be 
returned to the originator without the processing of a refund check 
through the United States Treasury or the crediting to a credit card 
account pursuant to Sec. 3833.1-1.
[42 FR 5300, Jan. 27, 1977, as amended at 44 FR 9722, Feb. 14, 1979; 47 
FR 56304, Dec. 15, 1982; 48 FR 7179, Feb. 18, 1983; 53 FR 48881, Dec. 2, 
1988; 55 FR 17754, Apr. 27, 1990; 58 FR 38197, July 15, 1993; 59 FR 
44858, Aug. 30, 1994]



Sec. 3833.0-9  Information collection.

    (a) The collections of information contained in subpart 3833 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0114. The information 
will be used to enable BLM to record mining claims, mill sites, and 
tunnel sites; to maintain ownership records to those claims and sites; 
to determine the geographic location of the claims and sites recorded 
for proper land management purposes; and to determine which claims and 
sites their owner(s) wish to continue to hold under applicable Federal 
statute. A response is required to obtain a benefit in accordance with 
Section 314 of FLPMA, as amended, the Act of April 16, 1993 (Public Law 
103-23, 107 Stat. 60), and the Act of August 10, 1993 (Public Law 103-
66, 30 U.S.C. 28f-k, 107 Stat. 405).
    (b) Public reporting burden for this information is estimated to 
average 8 minutes per response, including time for reviewing 
instructions, searching existing records, gathering and maintaining the 
data collected, and completing and reviewing the information collected. 
Send comments regarding this burden estimate or any other aspect of this 
collection of information including suggestions for reducing the burden; 
to the Information Collection Clearance Officer (783), Bureau of Land

[[Page 820]]

Management, 1849 C St. NW., Washington, DC 20240; and the Office of 
Management and Budget, Paperwork Reduction Project, 1004-0114, 
Washington, DC 20503.
[58 FR 38198, July 15, 1993, as amended at 59 FR 44858, Aug. 30, 1994]



Sec. 3833.1  Recordation of mining claims.



Sec. 3833.1-1  Refundability of service charges, location fees, rental and maintenance fees.

    (a) Service charges submitted for new recordings under Sec. 3833.1-2 
are not returnable or refundable after the document has received the 
processing for which the service charges were paid.
    (b) Service charges submitted with documents to be filed pursuant to 
Secs. 3833.2 and 3833.3 are returnable or refundable if, at the time of 
submission, the affected mining claim or site is determined to be null 
and void or abandoned by operation of law.
    (c) Maintenance and location fees are not returnable or refundable 
unless the mining claim or site has been determined, as of the date the 
fees were submitted, to be null and void, abandoned by operation of law, 
or otherwise forfeited.
    (d) Maintenance fees, location fees, or service charges made in 
duplicate for the same claim or site or otherwise overpaid are 
returnable or refundable. The money will be returned or refunded to the 
party who submitted it. The authorized officer may apply the fee to a 
future year if so instructed by the payor.
    (e) Voluntary actions such as relinquishment of claims or sites, or 
payment of maintenance fees by a qualified small miner, shall not be a 
qualifying reason for obtaining a refund of such fees previously paid.
[59 FR 44858, Aug.30, 1994]



Sec. 3833.1-2  Recordation of mining claims, mill sites and tunnel sites located after October 21, 1976.

    (a) The owner of an unpatented mining claim, mill site or tunnel 
site located after October 21, 1976, on Federal lands, excluding lands 
within units of the National Park System shall file within 90 days after 
the date of location of that claim or site in the proper BLM office, a 
copy of the official record of the notice or certificate of location of 
that claim or site that was or will be filed under state law. If state 
law does not require the recordation of a notice or certificate of 
location of a claim or site, a notice or certificate of location 
containing the information in paragraph (b) of this section shall be 
filed. (See Sec. 3734.1(a) of this title for mining claims and sites 
filed under Pub. L. 84-359 (69 Stat. 681) and Sec. 3821.2 of this title 
for mining claims and sites filed on O and C lands).
    (b) The copy of the notice or certificates filed in accordance with 
paragraph (a) of this section shall be supplemented by the following 
additional information unless it is included in the copy:
    (1) The name or number of the claim or site, or both, if the claim 
or site has both;
    (2) The name and current mailing address, if known, of the owner or 
owners of the claim or site;
    (3) The type of claim or site;
    (4) The date of location;
    (5) For all claims or sites a description shall be furnished.
    (i) This description shall recite, to the extent possible, the 
section(s), the approximate location of all or any part of the claim to 
within a 160 acre quadrant of the section (quarter section), or 
sections, if more than one is involved, and the township, range, 
meridian and State obtained from an official survey plat or other U.S. 
Government map showing either the surveyed or protracted U.S. Government 
grid, whichever is applicable.
    (ii) The location of the claims or sites shall be depicted on either 
a topographic map published by the U.S. Geological Survey or by a 
narrative or a sketch describing the claim or site with reference by 
appropriate tie to some topographic, hydrographic, or man-made feature. 
Such map, narrative description, or sketch shall set forth the 
boundaries and position of the individual claim or site with such 
accuracy as will permit the authorized officer of the agency 
administering the lands or mineral interests in such lands to identify 
and locate the claims or sites on the ground.

[[Page 821]]

    (iii) More than one claim or site may be shown on a single map or 
described in a single narrative or sketch if they are located in the 
same general area, so long as the individual claims or sites are clearly 
identified;
    (6) In place of the requirements of paragraph (b)(5) of this 
section, an approved mineral survey may be supplied. A mining claim 
described by legal subdivisions, section, township, range, meridian and 
State fulfills the requirements of paragraph (b)(5) of this section.
    (7) Nothing in the requirements for a map and description found in 
this section shall require the owner of a claim or site to employ a 
professional surveyor or engineer.
    (c)(1) Beginning on October 13, 1993, mining claims cannot be 
located on lands patented under the Stockraising Homestead Act of 1916, 
as amended by the Act of April 16, 1993 (107 Stat 60); until the 
claimant has first filed a notice of intent to locate with the proper 
BLM State Office and has served a copy of the notice upon the surface 
owner(s) of record, by registered or certified mail, return receipt 
requested. Such notice shall be in the form and contain the information 
required in paragraph (d) of this section.
    (2) The claimant shall wait 30 days after such service before 
entering the lands to locate any mining claims on the Stockraising 
Homestead Act lands.
    (3) The authorized officer will not record any mining claim located 
on lands patented under the Stockraising Homestead Act, as amended, 
unless the claimant has complied with the requirements of this section, 
and all certificates or notices of location will be returned to the 
claimant without further action.
    (4) The surface owner of land patented under the Stockraising 
Homestead Act, as amended, is exempt from the requirements of this 
section.
    (5) All mining claims located on Stockraising Homestead lands are 
subject to the requirements of the Act of April 16, 1993. These 
additional requirements are found in subpart 3814 of this title.
    (d) A separate notice of intent shall be filed and recorded in the 
appropriate BLM State Office for each separate surface ownership in an 
individual State.
    (1) Each notice of intent submitted shall be accompanied by evidence 
of title of the surface owner(s). Evidence of title shall be either a 
certificate of title or abstract of title certified by a person, 
association, or corporation authorized by State law to execute such a 
certificate within that State, and acceptable to the Bureau of Land 
Management.
    (2) The notice of intent shall contain:
    (i) The names(s), mailing address(es), and telephone number(s) of 
the person(s) filing the notice;
    (ii) The names(s), mailing address(es), and telephone number(s) of 
the surface owner(s);
    (iii) The legal description of the lands to which the notice 
applies, to the nearest 5-acre subdivision or lot;
    (iv) The total number of acres under the specific notice of intent 
filed to the nearest whole acre;
    (v) A brief description of the proposed mineral activities;
    (vi) A map and legal description of the lands to be subject to 
mineral exploration, including access route(s);
    (vii) The name, mailing address, and telephone number of the person 
managing such activities; and
    (viii) A statement of the dates on which such activities will take 
place.
    (3) The legal description shall be based on the public land survey 
or on such other description as is sufficient to permit the authorized 
officer accurately to record the notice on the BLM land status records 
(i.e., to the nearest 5-acre subdivision or lot).
    (4) Upon acceptance of a notice of intent by the authorized officer, 
the notice of intent will be entered upon the official land status 
records of the Bureau of Land Management.
    (5) The total acreage covered at any time by notices of intent filed 
by any person and by affiliates of such person may not exceed 6,400 
acres of such lands in any one State and 1,280 acres of such lands 
nationwide for a single surface owner.
    (6) If the surface owner(s) sells all or part of the surface during 
the authorized exploration period, the person who filed the notice of 
intent is not required to notify the new surface

[[Page 822]]

owner(s) prior to entry during the authorized exploration period.
[42 FR 5300, Jan 27, 1977, as amended at 44 FR 9722, Feb. 14, 1979; 47 
FR 56305, Dec. 15, 1982; 48 FR 7179, Feb. 18, 1983; 55 FR 17754, Apr. 
27, 1990; 58 FR 38198, July 15, 1993; 59 FR 44859, Aug. 30, 1994]



Sec. 3833.1-3  Service charges, rental fees, maintenance fees, and location fees; form of remittance and acceptance.

    (a) Payment and acceptance policy. All service charges, maintenance 
fees, and location fees shall be payable by United States currency, 
postal money order, or negotiable instrument payable in United States 
currency, and shall be made payable to the Department of the Interior--
Bureau of Land Management, or by a valid credit card acceptable to the 
Bureau of Land Management. A check or negotiable instrument, including 
credit cards submitted for payment of charges and/or fees, for which 
payment is not honored by the issuing authority, and such refusal is not 
an error of the issuing authority, will be deemed to be a nonpayment of 
the charges or fees for which the check or negotiable instrument, 
including a credit card order, was tendered. See Sec. 3833.1-4 (f) and 
(g) for payments made by credit cards or from Declining Deposit 
Accounts.
    (b) Recordation of new mining claims, mill sites, or tunnel sites 
with the Bureau of Land Management. (1) New location notices or 
certificates submitted for recording pursuant to Sec. 3833.1-2 that are 
not accompanied by full payment of the maintenance and location fees 
required by Sec. 3833.1-4 or 3833.1-5 will not be accepted, and the 
submittal will be returned without further action by the authorized 
officer. The claimant may resubmit the filings with the proper payment 
of service charges and fees within the same 90-day filing period 
referred to in Sec. 3833.1-2(a).
    (2) Failure to provide full payment of service charges set forth in 
Sec. 3833.1-4 will be curable for new location notices or certificates 
submitted for recording pursuant to Sec. 3833.1-2 when the proper 
maintenance and location fees have been submitted. Such documents will 
be noted as being recorded on the date received provided that the 
claimant submits the proper service charge either within 30 days of 
receipt of a deficiency notice sent by the authorized officer, or on or 
before the 90th day of the filing period referred to in 3833.1-2(a), 
whichever date is later.
    (3) If the proper service charges have not been tendered pursuant to 
paragraph (b)(2), and if the claimant has not provided written 
instructions regarding the application of the funds received with the 
original filing, the authorized officer will apply such funds and 
serialize the claims in the order received. All notices or certificates 
for which there are insufficient funds to cover all service charges and 
maintenance and location fees will be returned to the claimant.
    (c) Mining claims, mill sites, and tunnel sites recorded and 
serialized by the Bureau of Land Management. (1) Failure to provide full 
payment of service charges set forth in Sec. 3833.1-4 will be curable 
for documents and filings made pursuant to Secs. 3833.2 and 3833.3 and 
amended locations filed under Sec. 3833.1. Such documents and filings 
will be noted as being recorded on the date initially received, provided 
that the claimant submits the proper service charge within 30 days of 
receipt of a deficiency notice from the authorized officer. Failure to 
submit the proper service charge as required by this paragraph will 
cause filings made pursuant to Secs. 3833.2 and 3833.3 and amended 
locations filed under Sec. 3833.1 to be rejected and returned to the 
claimant/owner. If a payment is received that partially covers the 
claims submitted, the payment shall be applied to mining claims and 
sites in ascending numerical order of serialization.
    (2) If a claimant fails to submit the proper maintenance fees on or 
before each August 31, the authorized officer will apply the fees 
received to existing recorded and serialized mining claims and sites in 
ascending numerical order of serialization, unless otherwise directed by 
the claimant. The authorized officer will note the deficient fees as 
being paid on the original date received, provided that the claimant 
submits the proper fees within 30 days of receipt of a deficiency notice 
from the authorized officer, if that much time remains before August 31. 
If there are less than 30 days before August 31, the

[[Page 823]]

correct fees shall be filed (see Sec. 3833.0-5(m)) by such claimant on 
or before the August 31 deadline. Failure to submit the proper fees will 
cause the forfeiture of remaining claims or sites by the claimant/owner.
[59 FR 44859, Aug. 30, 1994]



Sec. 3833.1-4  Service charges and location fees.

    (a) Each notice or certificate of location of a mining claim, mill 
site, or tunnel site filed for recordation shall be accompanied by a 
non-refundable service charge of $10.00.
    (b) Each notice or certificate of location of a mining claim, mill 
site, or tunnel site that is located on or after August 11, 1993, and 
before September 30, 1998, shall, when filed with BLM, be accompanied by 
a one time nonrefundable location fee of $25.
    (c) Annual filings submitted pursuant to Sec. 3833.2 shall be 
accompanied by a nonrefundable service charge of $5.00 for each mining 
claim, mill site, or tunnel site. A service charge is not required to 
accompany the rental fee submitted in lieu of assessment work or Notice 
of Intent to Hold as required by Sec. 3833.1-5 or the certified 
statement of exemption required to be filed by Sec. 3833.1-7.
    (d) Amendments to a previously recorded notice or certificate of 
location shall be accompanied by a nonrefundable service charge of $5.00 
for each mining claim, mill site, or tunnel site.
    (e) Each transfer of interest document filed pursuant to Sec. 3833.3 
shall be accompanied by a nonrefundable service charge of $5.00 for each 
mining claim, mill site, or tunnel site affected.
    (f) The claimant/owner may authorize the BLM to charge payment of 
service charges, maintenance fees, and location fees to his or her 
credit card under Sec. 3833.1-3(a) by transmitting a facsimile 
authorization bearing the signature of the claimant/owner to the 
authorized officer, or the authorized officer may accept such 
authorization by telephone if the identity of the claimant/owner is 
established to the satisfaction of the authorized officer.
    (g) The claimant/owner may also maintain a declining deposit account 
with the State Office of the BLM where the mining claims and sites are 
recorded for the payment of service charges, maintenance fees, and 
location fees. The authorized officer may deduct the necessary service 
charges and fees from or add overpayments to such account only at the 
direction of the claimant/owner.
[58 FR 38198, July 15, 1993, as amended at 59 FR 44860, Aug. 30, 1994]



Sec. 3833.1-5  Maintenance fees.

    Except as provided in Secs. 3833.0-3(f), 3833.1-6, and 3833.1-1 (d) 
and (e), each claimant shall pay a nonrefundable maintenance fee of $100 
for each mining claim, mill site, or tunnel site to the proper BLM 
office for each specified assessment year for which the claimant desires 
to hold the mining claim, mill site, or tunnel site. The assessment 
years covered by the Act of August 10, 1993, begin at 12 o'clock noon on 
September 1, 1994, and end at 12 o'clock noon on September 1, 1999.
    (a)(1) The initial $100 nonrefundable maintenance fee for the 
assessment year in which the mining claim or site is located shall be 
paid for each mining claim, mill site, or tunnel site at the time of its 
filing with BLM pursuant to section 314(b) of FLPMA and Sec. 3833.1-2. 
If such claims or sites are located prior to an August 31, and the 
notice of location is properly filed within the FLPMA time frame but 
after August 31, then the $100 fee that was due on August 31 for the 
succeeding assessment year shall be paid at the time of filing the 
location notice along with the initial $100 fee.
    (2) The initial maintenance fee described in paragraph (1) is not 
subject to the waiver provisions contained in Secs. 3833.1-6 and 3833.1-
7.
    (b) Under the Act of August 10, 1993, a nonrefundable maintenance 
fee of $100.00 for each mining claim, mill site, or tunnel site shall be 
paid annually on or before August 31 for the subsequent assessment year 
beginning at 12 o'clock noon on September 1 of that year. The first 
payment will be due on or before August 31, 1994, with payments due for 
each August 31 through August 31, 1998. At the time of payment, the 
claimant/owner shall submit a list of claim names and BLM serial numbers 
assigned to each mining claim

[[Page 824]]

or site for which the maintenance fee is being paid.
    (c) There will be no proration of rental or maintenance fees for 
partial years of holding of mining claims, mill sites, or tunnel sites.
    (d) A small miner may, under the waiver provisions of Secs. 3833.1-6 
and 3833.1-7, perform assessment work and file the affidavit of labor 
pursuant to Sec. 3833.2 in lieu of paying the rental or maintenance fee.
    (e) The owner of an oil shale placer claim shall pay the required 
$550 annual rental fee to the proper BLM State Office on or before each 
December 31.
    (f) The payment of the required maintenance fee for a mining claim, 
mill site, or tunnel site satisfies the requirement to file an affidavit 
of assessment work or a notice of intention to hold pursuant to 
Sec. 3833.2.
    (g) If a waived mining claim or site is transferred in total or in 
part to a party not qualified for a waiver, the waiver is forfeited for 
the mining claim or site or portion of interest therein transferred to 
the unqualified party. The maintenance fee for the previously waived 
claim or site will be paid for the assessment year in which the transfer 
was effective under State law pursuant to Sec. 3833.3. The applicable 
deadline is the August 31 on or immediately after which the transfer is 
effective under State law.
    (h) The Secretary will adjust the location and maintenance fees 
every 5 years, based upon the Consumer Price Index (CPI) as published by 
the Bureau of Labor Statistics, Department of Labor. The Secretary may 
adjust the location and maintenance fees sooner, if he deems it 
reasonable, based upon changes in the CPI.
    (1) Public notice of any adjustment of maintenance or location fees 
will be provided by July 1 of the assessment year prior to the 
assessment year to which the adjustment becomes effective.
    (2) Any such adjustment of maintenance or location fees to reflect 
changes in the CPI will be payable no later than the second August 31 
following the July 1 by which the notice of the adjustment was given.
[59 FR 44860, Aug. 30, 1994]



Sec. 3833.1-6  Maintenance fee waiver qualifications under the Act of August 10, 1993, and other exceptions--applicable from 12 o'clock noon on September 1, 
          1993, until 12 o'clock noon September 1, 1999.

    A small miner may, under certain conditions described in this 
section and in Sec. 3833.1-7, perform the assessment work required under 
30 U.S.C. 28-28e and record it pursuant to Section 314(a) of FLPMA and 
Sec. 3833.2 in lieu of paying the maintenance fee. Assessment work shall 
conform to the requirements contained in subpart 3851 of this title.
    (a) In order to qualify for a waiver of the maintenance fee 
requirements, a small miner shall meet all of the following conditions:
    (1) The claimant and all related parties shall hold no more than 10 
mining claims, mill sites, and tunnel sites, or any combination thereof, 
on Federal lands in the United States on the date the payment is due, 
which is each August 31. For purposes of determining the small miner 
waiver, oil shale claims shall not be counted toward the 10 claim 
limitation for the small miner waiver of the $100 maintenance fee. A 
claimant who owns 10 or fewer claims, mill sites, and tunnel sites, and 
otherwise meets the requirements of this section, is not precluded from 
paying the maintenance fee in addition to filing for a small miner 
waiver.
    (2) All mining claims and sites held by a claimant and all related 
parties shall be counted toward the 10 claim and site limit.
    (3) Mill and tunnel sites of a qualified small miner, if listed upon 
the exemption certificate along with the affected lode and placer mining 
claims, are waived from payment of the maintenance fee.
    (b) Mining claims and sites that are undergoing final reclamation, 
as approved by the authorized officer pursuant to subparts 3802, 3809, 
or 3814 of this title, with no intent by the owner thereof to continue 
mining, milling, or processing operations upon or under the mining 
claims or sites, are excused from payment of the maintenance fees. The 
owner shall file a certified statement by August 31 in the proper BLM

[[Page 825]]

office attesting to the reclamation status of the affected mining claims 
and/

or sites, with reference to a reclamation plan approved by the 
authorized officer for plan-level activities or submitted in 
consultation with the authorized officer for notice-level activities, 
and to his or her intent to place them into permanent closure. If the 
surface is managed by an entity other than BLM, the claimant shall 
submit evidence of a final reclamation plan that conforms to the 
requirements of the managing entity. A certified statement of such 
intent and reclamation shall be filed pursuant to Sec. 3833.1-7. The 
number of mining claims or sites that may properly qualify for a 
reclamation waiver pursuant to this paragraph is not restricted to a 10-
claim limit.
    (c) Pursuant to the Soldiers' and Sailors' Relief Act (50 U.S.C. 
Appendix 565), military personnel on active duty status may, under 
certain conditions, qualify for an exemption from the performance of 
assessment work and the payment of maintenance fees. See Secs. 3833.1-
7(e)(2) and 3851.6 of this title.
    (d) Under the following circumstances, a waiver may be obtained from 
the payment of the maintenance fee for mining claims and sites:
    (1) The claimant has received a declaration of taking or a notice of 
intent to take from the National Park Service pursuant to Sections 6 and 
7 of the Act of September 28, 1976, as amended (16 U.S.C. 1905, 1906), 
or the Act of December 2, 1980, as amended (16 U.S.C. 3192); or the 
claimant has otherwise been denied access by the United States to his/
her mining claims or sites.
    (2) The claimant shall file proof of the above conditions for 
exemption, attested to as a certified statement, pursuant to 
Sec. 3833.1-7, with the proper BLM office by the August 31 immediately 
preceding the assessment year for which a waiver is sought.
    (3) The certified statement required by paragraph (d)(2) of this 
section, serves as a notice of intention to hold as to mining claims and 
sites for which the exemption is sought. In such cases, the payment of 
the $5 service charge per claim or site is due upon filing the 
certification statement.
    (e) Payment of the maintenance fee for mining claims covered by a 
deferment of assessment work granted by the authorized officer pursuant 
to 30 U.S.C. 28 (b)-(e) and subpart 3852 of this title may be deferred 
during the period for which the deferment is granted. Deferments are 
governed by the following rule. If a petition for a deferment of 
assessment work, as required by Sec. 3852.2 of this title, is filed with 
the proper BLM office on or before August 31 for a given year, the 
maintenance fee need not be paid on the claims listed in the petition 
for deferment until the authorized officer has acted upon the petition.
    (1) If the petition is granted, maintenance fees for the claims are 
deferred for the upcoming assessment year. At the expiration of the 
deferment, all deferred fees shall be paid within 30 days of the end of 
the deferment, unless the claimant/owner qualifies as a small miner. If 
the claimant/owner qualifies as a small miner, all deferred assessment 
work shall be performed as provided in Sec. 3852.5 of this title upon 
expiration of the deferment.
    (2) If the petition for deferment is denied by the authorized 
officer, the maintenance fees shall be paid within 30 days of receipt of 
the decision of the authorized officer denying the petition for 
deferment. Failure to pay the maintenance fees owed will result in the 
forfeiture of the claims contained within the petition.
    (f) On mining claims for which an application for a mineral patent 
has been filed, and the mineral entry has been allowed, the payment of 
the maintenance fee is excused for the assessment years during which 
assessment work is not required pursuant to Sec. 3851.5 of this title. 
However, no refund of previously deposited maintenance fees will be made 
to the mineral patent applicant.
[59 FR 44861, Aug. 30, 1994]



Sec. 3833.1-7  Filing requirements for the maintenance fee waiver and other exceptions.

    (a) If no change in status has occurred, a small miner exemption 
certification previously filed for the assessment year ending at noon on 
September 1, 1994, under the Act of October 5, 1992 (Pub. L. 102-381, 
106 Stat.

[[Page 826]]

1374), and the pertinent regulations in effect on August 31, 1993, will 
be considered a proper certification filing for a waiver of payment of 
the maintenance fee due on August 31, 1994.
    (b) The affidavit of assessment work performed by a small miner 
claiming a maintenance fee waiver shall be filed with the proper BLM 
office pursuant to Sec. 3833.2 and shall meet the requirements of 
Sec. 3833.2-4.
    (c) For mining claims and sites covered by a waiver, the filing of a 
waiver certification pursuant to any of paragraphs (a), (d), (e), or (f) 
of this section will satisfy the requirements for filing of a notice of 
intention to hold pursuant to Sec. 3833.2-5, when such notice of 
intention to hold is otherwise required. In such a case the payment of 
the $5 service charge per claim/site for processing the notice of 
intention to hold is due upon filing of the waiver statement.
    (d) In order to hold mining claims or sites for the assessment year 
beginning at 12 o'clock noon on September 1, 1994, each small miner 
shall file a waiver certification on or before August 31, 1994. Each 
small miner shall file a waiver certification on or before August 31 
each year thereafter to hold the claims each assessment year beginning 
at 12 o'clock noon on September 1 of the calendar year the certification 
is due, through August 31, 1998. The small miner shall document, as 
provided in this paragraph (d), the claimed waiver for each assessment 
year a small miner's waiver is claimed, certified, and attested to under 
penalty of 18 U.S.C. 1001. The statement shall contain:
    (1) The mining claim and site names and BLM serial numbers assigned 
to the mining claims and sites held by the small miner;
    (2) A declaration by the claimant and all related parties that they 
own no more than 10 mining claims and sites in total nationwide on the 
date the waiver statement is due;
    (3) A declaration that specifies that the assessment work 
requirements have been or will be completed by the date the payment is 
due, which is each August 31, for the assessment year just ending;
    (4) The names and addresses of all owners maintaining an interest in 
the mining claims and sites; and
    (5) The signatures of all the owners of the mining claims and sites 
for which a waiver is claimed.
    (e) Pursuant to the Soldiers' and Sailors' Relief Act, and 
Sec. 3851.6 of this title, a military person entering active service may 
file, or cause to be filed, in the proper BLM office, a notice of his or 
her entry into active military service.
    (1) The filing of the notice excuses the person from performing 
assessment work or paying the maintenance fees until 6 months have 
passed from the person's release from active duty status, or until 6 
months have passed after release from a military hospital, whichever is 
later. To be excused from paying the maintenance fee, the person cannot 
hold the subject claim or site with a related party, as defined in 
paragraph 3833.0-5(x), who does not also qualify under the Soldiers' and 
Sailors' Relief Act.
    (2) The notice must be filed in the assessment year that the person 
entered active duty status, or if active duty began prior to August 30, 
1994, the notice must be filed in the assessment year that he or she 
wishes the benefits provided in paragraph (e)(1) of this section to take 
effect. If the person previously filed a notice under the Soldiers' and 
Sailors' Relief Act to be excused from performing assessment work, and 
remains qualified under that Act, he or she will automatically be exempt 
from paying the maintenance fee.
    (3) The performance of assessment work or the payment of maintenance 
fees shall resume in the assessment year next following the assessment 
year during which the person was released from active duty or a military 
hospital, whichever is later.
    (4) The notice shall be filed as a certified statement pursuant to 
paragraph (d) of this section, and shall list all mining claims and 
sites affected by claim/site name and BLM serial number.
[59 FR 44861, Aug. 30, 1994; 59 FR 47815, Sept. 19, 1994]

[[Page 827]]



Sec. 3833.2  Annual filings.



Sec. 3833.2-1  National Park System lands.

    (a) For all mining claims, mill sites, and tunnel sites located 
within a unit of the National Park System that was recorded on or before 
September 28, 1977, except as provided under the Act of October 5, 1992, 
an annual filing shall be submitted to the proper BLM office on or 
before December 30 of each succeeding calendar year thereafter.
    (b) Even though the National Park Service, except under certain 
limited circumstances described in 36 CFR part 9, subpart A, does not 
permit surface disturbing actions to occur in units of the National Park 
System, a notice of intent to hold should be filed for mining claims and 
sites located within these units. If the owner has received National 
Park Service approval for surface disturbing actions under 36 CFR part 
9, subpart A, either a notice of intent or an affidavit of assessment 
work, as appropriate, should be filed.
    (c) The provisions of this section shall apply to all mining claims, 
mill sites, and tunnel sites included in a unit of the National Park 
System because of an enlargement of the said unit after September 28, 
1976.
    (d) Evidence of annual assessment work for mining claims, mill 
sites, and tunnel sites located in a unit of the National Park System 
shall be in the form prescribed by Sec. 3833.2-4 of this Title. A notice 
of intention to hold such a claim or site shall be in the form 
prescribed in Sec. 3833.2-5 of this title.
    (e) The authorized officer will forward copies of annual filings on, 
and will periodically provide the status of, mining claims, mill sites, 
and tunnel sites located within a unit of the National Park System to 
the proper National Park Service office.
[53 FR 48881, Dec. 2, 1988, as amended at 58 FR 38201, July 15, 1993]



Sec. 3833.2-2  Other Federal lands.

    Unpatented mining claims, mill sites, and tunnel sites located on 
Federal lands which are not within a unit of the National Park System 
except as provided in Secs. 3833.1-5 through 3833.1-7, are subject to 
the following annual filing requirements:
    (a) If a mining claim, mill site, or tunnel site located on or 
before October 20, 1976, was recorded in the proper BLM office prior to 
January 1, 1978, a notice of intention to hold or evidence of annual 
assessment work shall be filed in the proper BLM office on or before 
December 30, of the calendar year following the calendar year of its 
recordation, and of each calendar year thereafter.
    (b) All owners of mining claims, mill sites, or tunnel sites located 
on or before October 20, 1976, and recorded in the proper BLM office on 
or after January 1, 1978, and on or before October 22, 1979, shall have 
filed a notice of intention to hold or evidence of annual assessment 
work in the proper BLM office on or before October 22, 1979, and on or 
before December 30 of each calendar year after 1979.
    (c) Owners of mining claims, mill sites, and tunnel sites located on 
or after October 21, 1976, shall file a notice of intention to hold or 
evidence of annual assessment work in the proper BLM office on or before 
December 30 of the calendar year following the calendar year of the 
location of the mining claims, mill site, or tunnel site.
    (d) Evidence of annual assessment work shall be in the form 
prescribed in Sec. 3833.2-4 of this title. A notice of intention to hold 
shall be in the form prescribed in Sec. 3833.2-5 of this title.
[53 FR 48881, Dec. 2, 1988, as amended at 58 FR 38201, July 15, 1993]



Sec. 3833.2-3  Consistency between the Federal Land Policy and Management Act, the General Mining Law of May 10, 1872, and the Act of August 10, 1993.

    (a) The Federal Land Policy and Management Act requires that a 
notice of intention to hold or evidence of annual assessment work be 
filed on or before December 30 of each calendar year following the 
calendar year in which the mining claim, mill site, or tunnel site was 
located. To comply with the requirements of the Act for mining claims, 
mill sites, or tunnel sites located between September 1 and December 31 
of a given calendar year, the claimant shall submit an annual filing on 
or before December 30, of the following calendar year for each location 
to

[[Page 828]]

prevent the mining claim, mill site, or tunnel site from being declared 
abandoned and void by operation of law.
    (b) Evidence of assessment work filed under this subpart between 
January 1 and the following December 30 of the same calendar year shall 
be deemed to have been filed during that calendar year, regardless of 
what assessment year that work fulfilled under State law.
    (c) Notice of intention to hold a mining claim, mill site, or tunnel 
site may be filed at the election of the owner, regardless of whether 
the assessment work has been suspended, deferred, or not yet accrued. 
However, the owner shall have filed with the Bureau of Land Management 
the same documents which have been or will be recorded with the local 
recordation office. There is no requirement to file a notice of intent 
to hold for a mill site or a tunnel site with the local recordation 
office. A notice of intention to hold a mining claim, mill site, or 
tunnel site shall be effective only to satisfy the filing requirement 
for the calendar year in which the notice is filed. The filing of a 
notice of intention to hold with the Bureau of Land Management shall not 
relieve the owner of complying with Federal and State laws pertaining to 
the performance of assessment work.
    (d) The Act of August 10, 1993, does not affect the requirements to 
do assessment work in the assessment year beginning at 12 o'clock noon 
on September 1, 1999, or to make annual filings on or before December 
30, 2000, pursuant to Secs. 3833.2 and 3851.1.
    (e) For mining claims and sites located on or after September 1, 
1998, and on or before September 29, 1998, and for which the required 
$100 maintenance fee was paid at the time of recording pursuant to 
Sec. 314(b) of FLPMA and Sec. 3833.1-2, payment of the maintenance fee 
holds the claims or sites through at least September 1, 1999.
[53 FR 48882, Dec. 2, 1988, as amended at 58 FR 38201, July 15, 1993; 59 
FR 44862, Aug. 30, 1994]



Sec. 3833.2-4  Contents for evidence of assessment work.

    Evidence of annual assessment work shall be in the form of either;
    (a) An exact legible reproduction or duplicate, except microfilm of 
the evidence of assessment work which was performed under state law and 
was or will be filed for record pursuant to section 314(a) of the Act in 
the local jurisdiction of the state where the claim or group of claims 
is located and recorded setting forth the additional information:
    (1) The Bureau of Land Management serial number assigned to each 
claim upon filing of the notice, certificate of location in the proper 
BLM office. Filing the serial number shall comply with the requirement 
in the act to file an additional description of the claim.
    (2) Any change in the mailing address, if known, of the owner or 
owners of the claim or claims; or
    (b) An exact legible reproduction or duplicate, except microfilm, of 
the detailed report concerning geological, geochemical and geophysical 
surveys provided for by the Act of September 2, 1958 (30 U.S.C. 28-1) 
which has been or will be filed for record pursuant to section 314(a)(1) 
of the Act in the local jurisdiction of the State where the claim or 
group of claims is located and recorded setting forth the following 
additional information:
    (1) The Bureau of Land Management serial number assigned to each 
claim upon filing in the proper BLM office of a copy of the official 
record of the notice or certificate of location or patent application; 
and
    (2) Any change in the mailing address, if known, of the owner or 
owners of the claim.
[42 FR 5300, Jan. 27, 1977, as amended at 44 FR 9723, Feb. 14, 1979; 47 
FR 56306, Dec. 15, 1982. Redesignated at 53 FR 48881, Dec. 2, 1988]



Sec. 3833.2-5  Contents for a notice of intention to hold claim or site.

    (a) A notice of intention to hold a mining claim or group of mining 
claims may be filed at the election of the owner, regardless of whether 
the assessment has been suspended, deferred or not yet accrued. However, 
the claimant shall file with the Bureau of Land Management the same 
documents which have been or will be recorded with the county or local 
office of recordation. A notice of intention to hold

[[Page 829]]

a mining claim shall be effective only to satisfy the filing requirement 
for the year (as specified in Sec. 3833.0-5 of this title), in which the 
notice is filed. The filing of a notice with the Bureau of Land 
Management shall not relieve the owner of complying with Federal and 
state laws pertaining to the performance of annual assessment work.
    (b) A notice of intention to hold a mining claim or group of mining 
claims shall be in the form of either:
    (1) An exact legible reproduction or duplicate, except microfilm, of 
an instrument, signed by the owner of the claim of his/her agent, which 
was or will be filed for record pursuant to section 314(a)(1) of the Act 
in the local jurisdiction of the State where the claim is located and 
recorded setting forth the following information:
    (i) The Bureau of Land Management serial number assigned to each 
claim upon filing in the proper BLM office of a copy of the notice or 
certificate of location. Citing the serial number shall comply with the 
requirement in the Act to file an additional description of the claim;
    (ii) Any change in the mailing address, if known, of the owner or 
owners of the claim;
    (2) A reference to the decision on file in the proper BLM office by 
date and serial number which granted a deferment of the annual 
assessment work.
    (3) A reference to a pending petition for deferment of the annual 
assessment work required by 30 U.S.C. 28 by date of filing and serial 
number and with the proper BLM office.
    (c) A notice of intention to hold a mill or tunnel site or group of 
mill or tunnel sites shall be in the form of a letter or other notice 
signed by the owner(s) of such sites or their agent(s) setting forth the 
following information:
    (1) The Bureau of Land Management serial number assigned to each 
site upon filing in the proper BLM office of a copy of the official 
record of the notice or certification of location;
    (2) Any change in the mailing address, if known, of the owner(s) of 
the site(s).
[47 FR 56306, Dec. 15, 1982; 48 FR 7179, Feb. 18, 1983. Redesignated at 
53 FR 48881, Dec. 2, 1988]



Sec. 3833.2-6  When evidence or notice is not required.

    Evidence of annual assessment work performed to hold a mining claim 
or a notice of intention to hold a mill site need not be filed on 
unpatented mining claims or mill sites if mineral entry under a mineral 
patent application has been allowed. The owner of that mining claim or 
mill site is exempt from the filing requirements of Sec. 3833.2 and the 
payment of maintenance fees under Sec. 3833.1-5 as of the date mineral 
entry is allowed.
[59 FR 44862, Aug. 30, 1994]



Sec. 3833.3  Notice of transfer of interest.

    (a) Whenever the owner of an unpatented mining claim, mill site or 
tunnel site, which has been recorded in accordance with Sec. 3833.1, 
sells, assigns, or otherwise conveys all or any part of his interest in 
the claim, his transferee shall file in the proper BLM office within 60 
days after the completion of the transfer the following information:
    (1) The serial number assigned to the claim by the authorized 
officer upon filing of a copy of the official record of the notice or 
certificate of location in the proper BLM office: and
    (2) The name and mailing address of the person(s) to whom an 
interest in the claim has been sold, assigned, or otherwise transferred.
    (3) A copy of the legal instrument or document that operates under 
State law to transfer the interest in the claim being sold, assigned, or 
otherwise transferred.
    (b) Whenever any person acquires an interest through inheritance in 
an unpatented mining claim, mill site, or tunnel site recorded in 
accordance with Sec. 3833.1, he shall file in the proper BLM office 
within 60 days after completion of the transfer the information required 
by paragraph (a) of this section.

[[Page 830]]

    (c) The filing of a transfer of interest, when properly executed and 
recorded under State law, is placed on the BLM record when it is filed 
with the proper BLM office. The transfer will be deemed to have taken 
place on its effective date under State law.
[42 FR 5300, Jan. 27, 1977, as amended at 55 FR 17754, Apr. 27, 1990; 58 
FR 38201, July 15, 1993; 59 FR 44862, Aug. 30, 1994]



Sec. 3833.4  Failure to file, or to pay maintenance of location fees.

    (a)(1) The failure to make annual filings required by Secs. 3833.2-1 
and 3833.2-2 on or before the December 30 immediately following the 
August 31 by which the small miner filed for a waiver of payment of the 
maintenance fee, shall conclusively constitute a forfeiture of the 
mining claim or site.
    (2) Failure to record the notice or certificate of location required 
by Sec. 3833.1-2(a), Sec. 3734.1(a), or Sec. 3821.2 of this title, or 
failure to pay the maintenance or location fees required by 
Secs. 3833.1-4, 3833.1-5, and 3833.1-7, or failure to file the documents 
required by Sec. 3833.1-7 (b) through (d) within the time periods 
prescribed therein for claimants who also fail to pay the maintenance 
fee, shall be deemed conclusively to constitute a forfeiture of the 
mining claim, mill site, or tunnel site.
    (3) Claimants who fail to pay the maintenance fee, but file a waiver 
certification under Sec. 3833.1-7, shall perform the assessment work 
required by subpart 3851 of this title by the waiver statement filing 
deadline, or the mining claims under the invalid waiver certification 
will be conclusively deemed forfeited for failure to pay the maintenance 
fee on time.
    (4) Failure to list the 10 or fewer mining claims and/or sites for 
which the fee is requested to be waived on the applicable certification 
document filed pursuant to 3833.1-6 or 3833.1-7 will result in the 
affected mining claims and/or sites being deemed abandoned by the owner 
or owners thereof.
    (b) Failure to file the complete information required in 
Secs. 3833.1-2(b), 3833.1-7(d)-(f), 3833.2-4(a), 3833.2-4(b), 3833.2-
5(b) and 3833.2-5(c), when the document is otherwise filed on time, 
shall not be conclusively deemed to constitute an abandonment or 
forfeiture of the claim or site, but such information shall be submitted 
within 30 days of receipt of a notice from the authorized officer 
calling for such information. Failure to submit the information 
requested by the decision of the authorized officer shall result in the 
mining claim, mill site, or tunnel site being deemed abandoned by the 
owner.
    (c) Failure to record a transfer of interest under Sec. 3833.3 will 
result in the Bureau of Land Management refusing to recognize the 
interest acquired by the transferee or to serve notice of any action, 
decision, or contest on the unrecorded owner.
    (d) The fact that an instrument is filed in accordance with other 
laws permitting filing for record thereof and is defective or not timely 
filed for record under those laws shall not be considered failure to 
file under this subpart. The fact that an instrument is filed for record 
under this subpart by or on behalf of some, but not all of the owners of 
the mining claim, mill or tunnel site shall not affect the validity of 
this filing.
    (e) Any mining claim deemed abandoned under section 314(c) of the 
Act for failure to file an instrument in the local jurisdiction of the 
State where the claim is located pursuant to section 314 (a)(1) and (b) 
of the Act, shall not be validated by filing the instrument with the BLM 
in accordance with Sec. 3833.1, 3833.2-1, and 3833.2-2 of this title, 
and such instrument is ineffective even though the claim may currently 
be shown to exist in the BLM records.
    (f) Title IV of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 188(f)) provides that where an unpatented oil placer 
mining claim validly located prior to February 24, 1920, which has been 
or is currently producing or is capable of producing oil or gas, has 
been or is hereafter deemed conclusively abandoned for failure to file 
timely the required instruments or copies of instruments required by 
section 314 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1744), and it is shown to the satisfaction of the authorized 
officer that such failure was inadvertent, justifiable, or not due to 
lack of reasonable diligence

[[Page 831]]

on the part of the owner, the authorized officer may issue, for the 
lands covered by the abandoned unpatented oil placer mining claim, a 
noncompetitive oil and gas lease consistent with the provisions of 
section 17(e) of the Mineral Leasing Act (30 U.S.C. 226(e)) to be 
effective from the statutory date the claim was conclusively abandoned. 
The conditions and requirements for issuance of such leases are 
contained in Sec. 3108.2-4 of this title.
[44 FR 9723, Feb. 14, 1979, as amended at 47 FR 56307, Dec. 15, 1982; 48 
FR 7179, Feb. 18, 1983; 49 FR 30450, July 30, 1984; 53 FR 48882, Dec. 2, 
1988; 55 FR 17754, Apr. 27, 1990; 58 FR 38201, July 15, 1993; 59 FR 
44862, Aug. 30, 1994]



Sec. 3833.5  Effect of recording and filing.

    (a) Recordation or application involving an unpatented mining claim, 
mill site, or tunnel site by itself shall not render valid any claim 
which would not be otherwise valid under applicable law and does not 
give the owner any rights he is not otherwise entitled to by law.
    (b) Compliance with the requirements of this subpart shall be in 
addition to and not a substitute for compliance with the other 
requirements of Groups 3700 and 3800 of this title, and with laws and 
regulations issued by any State or other authority relating to locating, 
recording, and maintenance of mining claims, mill sites, and tunnel 
sites located, held, and maintained upon the public lands of the United 
States.
    (c) Filing of instruments pertaining to mining claims under other 
Federal law with the BLM or other Federal agency shall not excuse the 
filings required by this subpart and filings under this subpart shall 
not excuse the filing of instruments pertaining to mining claims under 
any other Federal law, except that filing a notice or certificate of 
location or an affidavit of annual assessment work under this subpart 
which is marked by the owner as also being filed under the Act of April 
8, 1948 (62 Stat. 162) or the Act of August 11, 1955 (30 U.S.C. 621-
625), will satisfy the recording requirement for O & C lands under 43 
CFR subpart 3821 and Pub. L. 359 lands under 43 CFR part 3730, or as 
provided in Sec. 3833.2 of this title.
    (d) In the case of any action or contest initiated by the United 
States affecting an unpatented mining claim, mill, or tunnel site, only 
those owners who have recorded their claim or site pursuant to 
Sec. 3833.1-2 and filed a notice of transfer of interest pursuant to 
Sec. 3833.3 shall be considered by the United States as parties whose 
rights are affected by such action or contest and shall be personally 
notified and served by certified mail sent to their last address of 
record. As provided in subpart 1810 of this title, all owners of record 
with the Bureau of Land Management shall be personally notified and 
served by certified mail, return receipt requested, sent to their last 
address of record. Such owners shall be deemed to have been served if 
the certified mail was delivered to that address of record, regardless 
of whether the certified mail was in fact received by them. The 
provisions of this subpart shall not be applicable to procedures for 
public notice required under part 3860 of this title with respect to 
mineral patent applications.
    (e) Actual notice of an unpatented mining claim or mill or tunnel 
site by any employee or officer of the United States shall not exempt 
the claim or site from the requirements of this subpart.
    (f) Failure of the government to notify an owner upon his filing or 
recording of a claim or site under this subpart that such claim or site 
is located on lands not subject to location or otherwise void for 
failure to comply with Federal or State law or regulations shall not 
prevent the government from later challenging the validity of or 
declaring void such claim or site in accordance with due process of law.
    (g) Any person who files an instrument required by these regulations 
knowing the same to contain any false, fictitious or fraudulent 
statement or entry, may be subject to criminal penalties under 18 U.S.C. 
1001.
    (h) Any party adversely affected by a decision of the authorized 
officer made

[[Page 832]]

pursuant to the provisions of this subpart shall have a right of appeal 
pursuant to part 4 of this title.
[42 FR 5200, Jan. 27, 1977, as amended at 44 FR 9723, Feb. 14, 1979; 47 
FR 56307, Dec. 15, 1982; 53 FR 48882, Dec. 2, 1988; 55 FR 17754, Apr. 
27, 1990; 58 FR 38201, July 15, 1993]



PART 3840--NATURE AND CLASSES OF MINING CLAIMS--Table of Contents




                      Subpart 3840--Types of Claims

Sec.
3840.1  Classes of mining claims.

                        Subpart 3841--Lode Claims

3841.1  Lodes located previous to May 10, 1872.
3841.2  Lodes must not have been adversely claimed.
3841.3  Discovery.
3841.3-1  Discovery required before location.
3841.3-2  Discovery work.
3841.4  Describing locations.
3841.4-1  Length of lode claims.
3841.4-2  Width of lode claims.
3841.4-3  Extent of surface ground.
3841.4-4  Defining of locations.
3841.4-5  Location notice; monumenting.
3841.4-6  Recording of location notice.

                       Subpart 3842--Placer Claims

3842.1  Placer claims: General.
3842.1-1  Discovery.
3842.1-2  Maximum allowable acreage.
3842.1-3  Locations authorized in 10-acre units.
3842.1-4  Manner of describing 10-acre units.
3842.1-5  Conformity of placer claims to the public land surveys.
3842.2  Building-stone placers.
3842.3  Saline placers.
3842.4  Petroleum placers.

                       Subpart 3843--Tunnel Sites

3843.1  Possessory right of tunnel proprietor.
3843.2  Location of tunnel claims.
3843.3  Recording of notices.

                         Subpart 3844--Millsites

3844.0-3  Authority.
3844.1  Required use.



                      Subpart 3840--Types of Claims



Sec. 3840.1  Classes of mining claims.

    Mining claims are of two distinct classes: lode claims and placers.
[35 FR 9750, June 13, 1970]



                        Subpart 3841--Lode Claims

    Source:  35 FR 9750, June 13, 1970, unless otherwise noted.



Sec. 3841.1  Lodes located previous to May 10, 1872.

    The status of lode claims located or patented previous to May 10, 
1872, is not changed with regard to their extent along the lode or width 
of surface; but the claim is enlarged by 2322 and 2328, R.S. (30 U.S.C. 
26, 33), by investing the locator, his heirs or assigns, with the right 
to follow, upon the conditions stated therein, all veins, lodes, or 
ledges, the top or apex of which lies inside of the surface lines of his 
claim.



Sec. 3841.2  Lodes must not have been adversely claimed.

    It is to be distinctly understood that the law limits the possessory 
right to veins, lodes, or ledges, other than the one named in the 
original location, to such as were not adversely claimed on May 10, 
1872, and that where such other vein or ledge was so adversely claimed 
at that date the right of the party so adversely claiming is in no way 
impaired by the act of that date.



Sec. 3841.3  Discovery.



Sec. 3841.3-1  Discovery required before location.

    No lode claim shall be located until after the discovery of a vein 
or lode within the limits of the claim, the object of which provision is 
evidently to prevent the appropriation of presumed mineral ground for 
speculative purposes, to the exclusion of bona fide prospectors, before 
sufficient work has been done to determine whether a vein or lode really 
exists.



Sec. 3841.3-2  Discovery work.

    The claimant should, therefore, prior to locating his claim, unless 
the vein can be traced upon the surface, sink a shaft or run a tunnel or 
drift to a sufficient depth therein to discover and develop a mineral-
bearing vein, lode, or crevice; should determine, if possible,

[[Page 833]]

the general course of such vein in either direction from the point of 
discovery, by which direction he will be governed in marking the 
boundaries of his claim on the surface.



Sec. 3841.4  Describing locations.



Sec. 3841.4-1  Length of lode claims.

    From and after May 10, 1872, any person who is a citizen of the 
United States, or who has declared his intention to become a citizen, 
may locate, record, and hold a mining claim of 1,500 linear feet along 
the course of any mineral vein or lode subject to location; or an 
association of persons, severally qualified as above, may make joint 
location of such claim of 1,500 feet, but in no event can a location of 
a vein or lode made after May 10, 1872, exceed 1,500 feet along the 
course thereof, whatever may be the number of persons composing the 
association.



Sec. 3841.4-2  Width of lode claims.

    No lode located after May 10, 1872, can exceed a parallelogram 1,500 
feet in length by 600 feet in width, but whether surface ground of that 
width can be taken depends upon the local regulations or State or 
Territorial laws in force in the several mining districts. No such local 
regulations or State or Territorial laws shall limit a vein or lode 
claim to less than 1,500 feet along the course thereof, whether the 
location is made by one or more persons, nor can surface rights be 
limited to less than 50 feet in width unless adverse claims existing on 
May 10, 1872, render such lateral limitation necessary.



Sec. 3841.4-3  Extent of surface ground.

    With regard to the extent of surface ground adjoining a vein or 
lode, and claimed for the convenient working thereof, the Act of May 10, 
1872, provides that the lateral extent of locations of veins or lodes 
made after said date shall in no case exceed 300 feet on each side of 
the middle of the vein at the surface, and that no such surface rights 
shall be limited by any mining regulations to less than 25 feet on each 
side of the middle of the vein at the surface, except where adverse 
rights existing on May 10, 1872, may render such limitation necessary; 
the end lines of such claims to be in all cases parallel to each other. 
Said lateral measurements cannot extend beyond 300 feet on either side 
of the middle of the vein at the surface, or such distance as is allowed 
by local laws. For example: 400 feet cannot be taken on one side and 200 
feet on the other. If, however, 300 feet on each side are allowed, and 
by reason of prior claims but 100 feet can be taken on one side, the 
locator will not be restricted to less than 300 feet on the other side; 
and when the locator does not determine by exploration where the middle 
of the vein at the surface is, his discovery shaft must be assumed to 
mark such point.



Sec. 3841.4-4  Defining of locations.

    Section 5 of the Act of May 10, 1872, now section 2324, Revised 
Statutes (30 U.S.C. 28), requires that ``the location must be distinctly 
marked on the ground so that its boundaries can be readily traced.'' 
Locators can not exercise too much care in defining their locations at 
the outset, inasmuch as section 5 of the Act of May 10, 1872 (17 Stat. 
92; 30 U.S.C. 28) requires that all records of mining locations made 
subsequent to the date of said Act shall contain the name or names of 
the locators, the date of the location, and such a description of the 
claim or claims located, by reference to some natural object or 
permanent monument, as will identify the claim.



Sec. 3841.4-5  Location notice; monumenting.

    (a) The location notice should give the course and distance as 
nearly as practicable from the discovery shaft on the claim to some 
permanent, wellknown points or objects, such, for instance, as stone 
monuments, blazed trees, the confluence of streams, point of 
intersection of well-known gulches, ravines, or roads, prominent buttes, 
hills, etc., which may be in the immediate vicinity, and which will 
serve to perpetuate and fix the locus of the claim and render it 
susceptible of identification from the description thereof given in the 
record of locations in the district, and should be duly recorded.

[[Page 834]]

    (b) In addition to the foregoing data, the claimant should state the 
names of adjoining claims, or, if none adjoin, the relative positions of 
the nearest claims; should drive a post or erect a monument of stones at 
each corner of his surface ground, and at the point of discovery or 
discovery shaft should fix a post, stake, or board, upon which should be 
designated the name of the lode, the name or names of the locators, the 
number of feet claimed, and in which direction from the point of 
discovery, it being essential that the location notice filed for record, 
in addition to the foregoing description, should state whether the 
entire claim of 1,500 feet is taken on one side of the point of 
discovery, or whether it is partly upon one and partly upon the other 
side thereof, and in the latter case, how many feet are claimed upon 
each side of such discovery point. As to the importance of monuments, 
and as to their paramount authority, see the Act of April 28, 1904 (33 
Stat. 545; 30 U.S.C. 34), which amended R.S. 2327.



Sec. 3841.4-6  Recording of location notice.

    The location notice must be filed for record in all respects as 
required by the State or territorial laws, and local rules and 
regulations, if there by any.



                       Subpart 3842--Placer Claims

    Source:  35 FR 9751, June 13, 1970, unless otherwise noted.



Sec. 3842.1  Placer claims: General.



Sec. 3842.1-1  Discovery.

    But one discovery of mineral is required to support a placer 
location, whether it be of 20 acres by an individual, or of 160 acres or 
less by an association of persons.



Sec. 3842.1-2  Maximum allowable acreage.

    (a) By R.S. 2330 (30 U.S.C. 36), it is declared that no location of 
a placer claim made after July 9, 1870, shall exceed 160 acres for any 
one person or association of persons, which location shall conform to 
the United States surveys.
    (b) R.S. 2331 (30 U.S.C. 35) provides that all placer-mining claims 
located after May 10, 1872, shall conform as nearly as practicable with 
the United States system of public land surveys and the rectangular 
subdivisions of such surveys, and such locations shall not include more 
than 20 acres for each individual claimant.
    (c) The foregoing provisions of law are construed to mean that after 
July 9, 1870, no location of a placer claim can be made to exceed 160 
acres, whatever may be the number of locators associated together, or 
whatever the local regulations of the district may allow; and that from 
and after May 10, 1872, no location can exceed 20 acres for each 
individual participating therein; that it, a location by two persons can 
not exceed 40 acres, and one by three persons can not exceed 60 acres.



Sec. 3842.1-3  Locations authorized in 10-acre units.

    By R.S. 2330 (30 U.S.C. 36), authority is given for subdividing 40-
acre legal subdivisions into 10-acre tracts. These 10-acre tracts should 
be considered and dealt with as legal subdivisions, and an applicant 
having a placer claim which conforms to one or more of such 10-acre 
tracts, contiguous in case of two or more tracts, may make entry 
thereof, after the usual proceedings, without further survey or plat.



Sec. 3842.1-4  Manner of describing 10-acre units.

    A 10-acre subdivision may be described, for instance if situated in 
the extreme northeast of the section, as the ``NE. \1/4\ of the NE. \1/
4\ of the NE. \1/4\'' of the section, or, in like manner, by appropriate 
terms, wherever situated; but in addition to this description, the 
notice must give all the other data required in a mineral application, 
by which parties may be put on inquiry as to the land sought to be 
patented. The proofs submitted with applications must show clearly the 
character and extent of the improvements upon the premises.



Sec. 3842.1-5  Conformity of placer claims to the public land surveys.

    (a) All placer-mining claims located after May 10, 1872, shall 
conform as

[[Page 835]]

near as practicable with the United States system of public-land surveys 
and the rectangular subdivisions of such surveys, whether the locations 
are upon surveyed or unsurveyed lands.
    (b) Conformity to the public-land surveys and the rectangular 
subdivisions thereof will not be required where compliance with such 
requirement would necessitate the placing of the lines thereof upon 
other prior located claims or where the claim is surrounded by prior 
locations.
    (c) Where a placer location by one or two persons can be entirely 
included within a square 40-acre tract, by three or four persons within 
two square 40-acre tracts placed end to end, by five or six persons 
within three square 40-acre tracts, and by seven or eight persons within 
four square 40-acre tracts, such locations will be regarded as within 
the requirements where strict conformity is impracticable.
    (d) Whether a placer location conforms reasonably with the legal 
subdivisions of the public survey is a question of fact to be determined 
in each case, and no location will be passed to patent without 
satisfactory evidence in this regard. Claimants should bear in mind that 
it is the policy of the Government to have all entries whether of 
agricultural or mineral lands as compact and regular in form as 
reasonably practicable, and that it will not permit or sanction entries 
or locations which cut the public domain into long narrow strips or 
grossly irregular or fantastically shaped tracts. (Snow Flake Fraction 
Placer, 37 L.D. 250.)



Sec. 3842.2  Building-stone placers.

    The Act of August 4, 1892 (27 Stat. 348; 30 U.S.C. 161), extends the 
mineral land laws so as to bring lands chiefly valuable for building 
stone within the provisions of said laws.
    (a) Common varieties of building stone are, since the Act of July 
23, 1955 (69 Stat. 367; 30 U.S.C. 611) no longer locatable under the 
mining laws.
    (b) Uncommon varieties of building stone continue to be subject to 
the building stone placer supplement to the mining law, 30 U.S.C. 161.



Sec. 3842.3  Saline placers.

    (a) Under the Act approved January 31, 1901 (31 Stat. 745; 30 U.S.C. 
162), extending the mining laws to saline lands, the provisions of the 
law relating to placer-mining claims are extended to all States so as to 
permit the location and purchase thereunder of all unoccupied public 
lands containing salt springs, or deposits of salt in any form, and 
chiefly valuable therefor, with the proviso, ``That the same person 
shall not locate or enter more than one claim hereunder.'' The saline 
placer act was superseded by the Mineral Leasing Act of February 25, 
1920 (41 Stat. 437; 30 U.S.C. 181 et seq.), whereby saline (sodium) 
deposits were made subject to disposal by leases instead of mining 
locations.
    (b) Rights obtained by location under the placer-mining laws are 
assignable, and the assignee may make the entry in his own name; so, 
under this act a person holding as assignee may make entry in his own 
name: Provided, That he has not held under this act, at any time, either 
as locator or entryman, any other lands; his right is exhausted by 
having held under this act any particular tract, either as locator or 
entryman, either as an individual or as a member of an association. It 
follows, therefore, that no application for patent or entry, made under 
this act, shall embrace more than one single location.
    (c) In order that the conditions imposed by the proviso, as set 
forth in paragraph (b) of this section, may duly appear, the application 
for patent must contain or be accompanied by a specific statement by 
each person whose name appears therein that he never has, either as an 
individual or as a member of an association, located or entered any 
other lands under the provisions of this act. The application for patent 
should also be accompanied by a showing, fully disclosing the 
qualifications as defined by the proviso, of the applicants' 
predecessors in interest.



Sec. 3842.4  Petroleum placers.

    The Act of February 11, 1897 (29 Stat. 526), provides for the 
location and entry of public lands chiefly valuable for petroleum or 
other mineral oils, and entries of that nature made prior

[[Page 836]]

to the passage of said act are to be considered as though made 
thereunder. This Act was superseded by the Mineral Leasing Act of 
February 25, 1920 (41 Stat. 437).



                       Subpart 3843--Tunnel Sites

    Source:  35 FR 9752, June 13, 1970, unless otherwise noted.



Sec. 3843.1  Possessory right of tunnel proprietor.

    The effect of R.S. 2323 (30 U.S.C. 27), is to give the proprietors 
of a mining tunnel run in good faith the possessory right to 1,500 feet 
of any blind lodes cut, discovered, or intersected by such tunnel, which 
were not previously known to exist within 3,000 feet from the face or 
point of commencement of such tunnel, and to prohibit other parties, 
after the commencement of the tunnel, from prospecting for and making 
locations of lodes on the line thereof and within said distance of 3,000 
feet, unless such lodes appear upon the surface or were previously known 
to exist. The term ``face,'' as used in said sections, is contrued and 
held to mean the first working face formed in the tunnel, and to signify 
the point at which the tunnel actually enters cover; it being from this 
point that the 3,000 feet are to be counted upon which prospecting is 
prohibited as aforesaid. R.S. 2323 provides: ``Failure to prosecute the 
work on the tunnel for six months shall be considered as an abandonment 
of the right to all undiscovered veins on the line of such tunnel.''



Sec. 3843.2  Location of tunnel claims.

    To avail themselves of the benefits of this provision of law, the 
proprietors of a mining tunnel will be required, at the time they enter 
cover as aforesaid, to give proper notice of their tunnel location by 
erecting a substantial post, board, or monument at the face or point of 
commencement thereof, upon which should be posted a good and sufficient 
notice, giving the names of the parties or company claiming the tunnel 
right; the actual or proposed course or direction of the tunnel, the 
height and width thereof, and the course and distance from such face or 
point of commencement to some permanent well-known objects in the 
vicinity by which to fix and determine the locus in manner heretofore 
set forth applicable to locations of veins or lodes, and at the time of 
posting such notice they shall, in order that miners or prospectors may 
be enabled to determine whether or not they are within the lines of the 
tunnel, establish the boundary lines thereof, by stakes or monuments 
placed along such lines at proper intervals, to the terminus of the 
3,000 feet from the face or point of commencement of the tunnel, and the 
lines so marked will define and govern as to specific boundaries within 
which prospecting for lodes not previously known to exist is prohibited 
while work on the tunnel is being prosecuted with reasonable diligence.



Sec. 3843.3  Recording of notices.

    A full and correct copy of such notice of location defining the 
tunnel claim must be filed for record with the mining recorder of the 
district, to which notice must be attached the sworn statement or 
declaration of the owners, claimants, or projectors of such tunnel, 
setting forth the facts in the case; stating the amount expended by 
themselves and their predecessors in interest in prosecuting work 
thereon; the extent of the work performed, and that it is bona fide 
their intention to prosecute work on the tunnel so located and described 
with reasonable diligence for the development of a vein or lode, or for 
the discovery of mines, or both, as the case may be. This notice of 
location must be duly recorded, and, with the said sworn statement 
attached, kept on the recorder's files for future reference.



                         Subpart 3844--Millsites



Sec. 3844.0-3  Authority.

    The location and patenting of lands for millsite purposes is 
authorized by R.S. 2337 as amended by the Act of March 18, 1960. The 
Act, 30 U.S.C. 42, reads as follows:

    Patents for nonmineral lands.

    (a) Where nonmineral land not contiguous to the vein or lode is used 
or occupied by the proprietor of such vein or lode for mining or milling 
purposes, such nonadjacent surface

[[Page 837]]

ground may be embraced, and included in an application for a patent for 
such vein or lode, and the same may be patented therewith, subject to 
the same preliminary requirements as to survey and notice as are 
applicable to veins or lodes; but no location made of such nonadjacent 
land shall exceed five acres, and payment for the same must be made at 
the same rate as fixed by sections 21-24, 26-28, 29, 30, 33-48, 50-52, 
and 71-76 of this title for the superficies of the lode. The owner of a 
quartz mill or reduction works, not owning a mine in connection 
therewith, may also receive a patent for his mill site, as provided in 
this section.
    (b) Where nonmineral land is needed by the proprietor of a placer 
claim for mining, milling, processing, beneficiation, or other 
operations in connection with such claim, and is used or occupied by the 
proprietor for such purposes, such land may be included in an 
application for a patent for such claim, and may be patented therewith 
subject to the same requirements as to survey and notice as are 
applicable to placers. No location made of such nonmineral land shall 
exceed five acres and payment for the same shall be made at the rate 
applicable to placer claims which do not include a vein or lode. (As 
amended Mar. 18, 1960, Pub. Law 86-390, 74 Stat. 7.)
[35 FR 9752, June 13, 1970]



Sec. 3844.1  Required use.

    A millsite is required to be used or occupied distinctly and 
explicitly for mining or milling purposes in connection with the lode or 
placer claim with which it is associated. A custom or independent 
millsite may be located for the erection and maintenance of a quartz 
mill or reduction works.
[35 FR 9752, June 13, 1970]



PART 3850--ASSESSMENT WORK--Table of Contents




Sec.
3850.0-1  Purpose.
3850.0-9  Information collection.

                 Subpart 3851--Assessment Work: General

3851.1  Assessment work requirements.
3851.2  Inclusion of surveys in assessment work.
3851.3  Effect of failure to perform assessment work.
3851.4  Failure of a co-owner to contribute to annual assessment work; 
          or to the payment of maintenance fees.
3851.5  Assessment work not required after allowance of mineral entry.
3851.6  Assessment work not required for active duty military personnel.

               Subpart 3852--Deferment of Assessment Work

3852.0-3  Authority.
3852.1  Conditions under which deferment may be granted.
3852.2  Filing of petition for deferment, contents.
3852.3  Notice of action on petition to be recorded.
3852.4  Period for which deferment may be granted.
3852.5  When deferred assessment work is to be done.

    Authority:  30 U.S.C. 22 et seq.; 30 U.S.C. 28-28k; 50 U.S.C. 
Appendix 565; 107 Stat. 405.



Sec. 3850.0-1  Purpose.

    The purpose of this part is to recite the requirements of the 
General Mining Law of 1872, as amended, for the performance of 
assessment work; to identify the methods provided by statute for 
qualifying assessment work; to provide for the deferment or suspension 
of assessment work under certain conditions; and to advise the claimant 
of the consequences of failing to perform the work.
[58 FR 38202, July 15, 1993]



Sec. 3850.0-9  Information collection.

    (a) The collections of information contained in part 3850 have been 
approved by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq. and assigned clearance number 1004-0104 and subsequently 
consolidated with 1004-0114. The information will be used to allow the 
BLM to process petitions for the deferment of assessment work, determine 
if the assessment work required by statute (30 U.S.C. 28-28(e)) was 
indeed performed, and to determine the ownership of a mining claim or 
site in cases of delinquency of co-owners under 30 U.S.C. 28. A response 
is required to obtain a benefit in accordance with Section 2324 of the 
Revised Statutes, as amended (30 U.S.C. 28-28(e)) and 43 CFR part 3850.
    (b) Public reporting burden for this information is estimated to 
average 8 minutes per response, including time for reviewing 
instructions, searching existing records, gathering and maintaining the 
data collected, and completing and reviewing the information collected. 
Send comments regarding

[[Page 838]]

this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing the burden; to the 
Information Collection Clearance Officer (783), Bureau of Land 
Management, 1849 C St., NW., Washington, DC 20240; and the Office of 
Management and Budget, Paperwork Reduction Project, 1004-0114, 
Washington, DC 20503.
[58 FR 38202, July 15, 1993]



                 Subpart 3851--Assessment Work: General

    Source:  35 FR 9753, June 13, 1970, unless otherwise noted.



Sec. 3851.1  Assessment work requirements.

    (a) The assessment year begins at 12 o'clock noon on September 1st 
and ends at 12 o'clock noon on the following September 1st.
    (b) All lode and placer mining claimants shall have performed, or 
caused to have been performed, not less than $100 of labor or 
improvements upon each lode or placer claim held by the claimant for 
each assessment year following the assessment year of the lode or placer 
claim's location.
    (c) Where a group of lode or placer claims are held in common, and 
cover the same mineral deposit, the assessment work may be performed on 
one or several claims of the group, as long as the aggregate expenditure 
totals not less than $100 per claim, and the work performed or 
improvements made will benefit the development of the claim block as a 
whole.
[58 FR 38202, July 15, 1993]



Sec. 3851.2  Inclusion of surveys in assessment work.

    (a) In addition to the several types of work that may fulfill the 
annual labor requirement, the requirement can also be satisfied by 
conducting geological, geochemical, and geophysical surveys. Pub. L. 85-
876, Act of September 2, 1958 (72 Stat. 1701; 30 U.S.C. 28-1-2). Such 
surveys must be conducted by qualified experts and verified by a 
detailed report filed in the county or recording district office in 
which the claim is located. This report must set forth fully the 
following:
    (1) The location of the work performed in relation to the point of 
discovery and boundaries of the claim.
    (2) Nature, extent and cost of the work performed.
    (3) The basic findings of the surveys.
    (4) The name, address and professional background of the person or 
persons conducting the work.

Such surveys may not be applied as labor for more than two consecutive 
years or for more than a total of five years on any one mining claim. 
Each survey shall be nonrepetitive of any previous survey of the same 
claim. Such surveys will not apply toward the statutory provision 
requiring the expenditure of $500 for each claim for mineral patent.
    (b) As used in this section--
    (1) The term geological surveys means surveys on the ground for 
mineral deposits by the proper application of the principles and 
techniques of the science of geology as they relate to the search for 
and discovery of mineral deposits;
    (2) The term geochemical surveys means surveys on the ground for 
mineral deposits by the proper application of the principles and 
techniques of the science of chemistry as they relate to the search for 
and discovery of mineral deposits;
    (3) The term geophysical surveys means surveys on the ground for 
mineral deposits through the employment of generally recognized 
equipment and methods for measuring physical difference between rock 
types or discontinuities in geological formations;
    (4) The term qualified expert means an individual qualified by 
education or experience to conduct geological, geochemical, or 
geophysical surveys, as the case may be.



Sec. 3851.3  Effect of failure to perform assessment work.

    (a) Failure of a mining claimant to comply substantially with the 
requirement of an annual expenditure of $100 in labor or improvements on 
a claim imposed by section 2324 of the Revised Statutes (30 U.S.C. 28) 
will render the claim subject to cancellation.

[[Page 839]]

    (b) Except as provided in Sec. 3851.5 and subpart 3852, failure to 
perform the assessment work required under Sec. 3851.1 causes the 
interest of the claimant(s) in the minerals subject to the mining laws 
to revert back to the public domain.
    (c) The Act of August 10, 1993, with certain exceptions for small 
miners, temporarily suspends and supersedes the requirement to perform 
assessment work under Sec. 3851.1, and requires the payment of an annual 
$100 maintenance fee per mining claim in lieu of the assessment work. 
For oil shale claims, the Energy Policy Act of 1992 (30 U.S.C. 242) 
suspends and supersedes the requirement to perform assessment work under 
Sec. 3851.1, and requires the payment of an annual $550 rental fee per 
oil shale mining claim in lieu of the assessment work. The maintenance 
fee requirements and waivers from the maintenance fee are described in 
Secs. 3833.0-3(f), 3833.1-5, 3833.1-6, and 3833.1-7 of this title.
[37 FR 17836, Sept. 1, 1972, as amended at 58 FR 38202, July 15, 1993; 
59 FR 44863, Aug. 30, 1994]



Sec. 3851.4  Failure of a co-owner to contribute to annual assessment work; or to the payment of maintenance fees.

    (a) Upon the failure of any co-owner of a mining claim or mill or 
tunnel site to contribute the proper proportion of the required 
expenditures, the co-owners who have performed the labor, made 
improvements, paid the maintenance fee required under Secs. 3833.1-5 and 
3833.1-6 of this title, may, at the expiration of the assessment year, 
give such delinquent co-owner personal notice of this failure in 
writing. Alternatively, this notice may be given by publication in the 
newspaper published nearest the claim for at least once a week for 90 
days. If, upon the expiration of 90 days, after such notice in writing, 
or upon the expiration of 180 days after the first newspaper publication 
of notice, the delinquent co-owner shall have failed to contribute the 
proportionate share of such expenditures or improvements, such interest 
in the claim by law passes to the co-owners who have made the 
expenditures or improvements.
    (b) A claimant alleging ownership of a forfeited interest under 
paragraph (a) of this section who requests the authorized officer to 
change the ownership records of the affected mining claims or sites 
shall present the following:
    (1) Statement of the publisher of the newspaper as to the facts of 
publication, giving the beginning and ending dates of publication, a 
printed copy of the notice published, and a statement by the claimant 
that the delinquent co-owner failed to contribute the proper proportion 
within the period fixed by the statute, or
    (2) Evidence of personal notice of delinquency upon the delinquent 
party. If notice is effected by mail, the minimum sufficient evidence 
shall consist of a copy of the notice and a copy of the return receipt 
of the U.S. Postal Service evidencing receipt by the delinquent party of 
a registered or certified envelope containing the notice. If notice was 
made in person, an affidavit signed and dated on the date of notice will 
suffice as evidence of such notice; and
    (3) In all cases, a signed and dated statement by the claimant that 
the delinquent co-owner failed to contribute the proper proportion 
within the period fixed by the statute.
    (c) Upon determination by the authorized officer that paragraphs (a) 
and (b) of this section have been complied with, the BLM records of the 
mining claim shall be changed pursuant to Sec. 3833.3 of this title. 
Such a change in ownership requires that the claimant submit the service 
charge required for a transfer of interest pursuant to Sec. 3833.1-4 of 
this title.
    (d) Active duty military personnel who give notice and comply with 
Sec. 3851.6 are not subject to the provisions of this section.
[59 FR 44863, Aug. 30, 1994]



Sec. 3851.5  Assessment work not required after allowance of mineral entry.

    Performance of annual assessment work and payment of maintenance 
fees is not required after the date that the mineral entry has been 
allowed.

[[Page 840]]

    (a) The assessment year in which the mineral entry is allowed is the 
first assessment year for which the assessment work and payment of 
maintenance fees is no longer required, and assessment work is not 
required in any assessment year thereafter until a mineral patent 
issues.
    (b) If a mineral entry is canceled in whole or in part, the mining 
claims and mill sites that are no longer covered by the mineral entry 
shall be subject to the assessment work requirement, or the payment of 
maintenance fees, beginning in the next assessment year following the 
assessment year that the mineral entry was canceled.
[59 FR 44863, Aug. 30, 1994]



Sec. 3851.6  Assessment work not required for active duty military personnel.

    Pursuant to the Soldiers' and Sailors' Relief Act (50 U.S.C. 
Appendix 565), a person entering active military service is exempt from 
the performance of annual assessment work under this subpart for each 
assessment year in which the service person is on active duty.
    (a) To claim the exemption, the person entering active military 
service shall file, or cause to be filed with the proper BLM office, a 
notice of his or her entry into active military service. The notice 
shall be filed in the assessment year that the person entered active 
duty status.
    (b) The filing of the notice exempts the person from performing 
assessment work or paying the maintenance fees until 6 months have 
passed from the person's release from active duty status, or until 6 
months have passed from release from a military hospital, whichever is 
later.
    (c) The performance of assessment work or the payment of maintenance 
fees shall resume in the assessment year beginning at least 6 months 
after the date the person was released from active duty or a military 
hospital, whichever is later.
    (d) The notice shall be filed as a certified statement pursuant to 
section 3833.1-7 of this title, and shall list all mining claims and 
sites affected by claim name and BLM serial number.
[59 FR 44863, Aug. 30, 1994]



               Subpart 3852--Deferment of Assessment Work

    Source:  35 FR 9753, June 13, 1970, unless otherwise noted.



Sec. 3852.0-3  Authority.

    The Act of June 21, 1949 (63 Stat. 214; 30 U.S.C. 28b-c), provides 
for the temporary deferment in certain unavoidable contingencies of the 
performance of annual assessment work on mining claims held by location 
in the United States. The relief under this act is in addition to any 
other relief available under any other act of Congress with respect to 
the suspension of annual assessment work on mining claims.



Sec. 3852.1  Conditions under which deferment may be granted.

    The deferment may be granted where any mining claim or group of 
claims in the United States is surrounded by lands over which a right-
of-way for the performance of assessment work has been denied or is in 
litigation or is in the process of acquisition under State law or where 
other legal impediments exist which affect the right of the claimant to 
enter upon the surface of such claim or group of claims or to gain 
access to the boundaries thereof.



Sec. 3852.2  Filing of petition for deferment, contents.

    (a) In order to obtain a deferment, the claimant shall file with the 
proper BLM office a petition in duplicate requesting such a deferment. 
No particular form of petition is required, but the applicant shall 
attach to one copy thereof a copy of the notice to the public required 
by 30 U.S.C. 28e showing that it has been filed or recorded in the local 
recording office in which the notices or certificates of location were 
filed or recorded. The petition and duplicate should be signed by at 
least one of the owners of each of the locations involved, shall give 
the names of the claims, dates of location, and the date of the 
beginning of the one-year period for which deferment is requested. Each 
petition shall be accompanied by a $25 nonrefundable service charge.
    (b) If the petition is based upon the denial of a right-of-way, it 
must state the nature and ownership of the land or

[[Page 841]]

claim thereto over which it is necessary to obtain a right-of-way in 
order to reach the surrounded claims, and the land description thereof 
by legal subdivisions if the land is surveyed, and give full details as 
to why present use of the right-of-way is denied or prevented and as to 
the steps which have been taken to acquire the right to use it. The 
petition should state whether any other right-of-way is available and if 
so, give reasons why it is not feasible or desirable to use that right-
of-way.
    (c) If the petition is based on other legal impediments, they must 
be set out and their effect described in detail.
[35 FR 9753, June 13, 1970, as amended at 53 FR 48882, Dec. 2, 1988; 59 
FR 44863, Aug. 30, 1994]



Sec. 3852.3  Notice of action on petition to be recorded.

    The claimant shall file or record, in the local recording office in 
which the notice of petition for deferment was filed or recorded, a copy 
of the order or decision of the BLM authorized officer disposing of the 
petition.
[59 FR 44864, Aug. 30, 1994]



Sec. 3852.4  Period for which deferment may be granted.

    If the showing made is satisfactory, the authorized officer of the 
Bureau of Land Management will grant a deferment for an initial period 
not exceeding one year. The period shall begin on the date requested in 
the petition unless the approval sets a different date. Upon petition, 
the one year period may be renewed for another year if justifiable 
conditions exist. If the conditions justifying deferment are removed 
prior to the specified termination date of the deferment period, the 
deferment shall automatically be ended as of such earlier date.



Sec. 3852.5  When deferred assessment work is to be done.

    All deferred assessment work may be begun at any time after the 
termination of the deferment but must be completed not later than the 
end of the assessment year commencing after the removal or cessation of 
the causes for the deferment or the expiration of any deferments granted 
under the act and shall be in addition to the annual assessment work 
required by law for such year.



PART 3860--MINERAL PATENT APPLICATIONS--Table of Contents




                     Subpart 3861--Surveys and Plats

Sec.
3861.1  Surveys of mining claims.
3861.1-1  Application for survey.
3861.1-2  Survey must be made subsequent to recording notice of 
          location.
3861.1-3  Plats and field notes of mineral surveys.
3861.2  Surveys: Specific.
3861.2-1  Particulars to be observed in mineral surveys.
3861.2-2  Certificate of expenditures and improvements.
3861.2-3  Mineral surveyor's report of expenditures and improvements.
3861.2-4  Supplemental proof of expenditures and improvements.
3861.2-5  Amended mineral surveys.
3861.3  Mineral surveyors.
3861.3-1  Extent of duties.
3861.3-2  Assistants.
3861.4  Contract for surveys.
3861.4-1  Payment.
3861.5  Appointment and employment of mineral surveyors.
3861.5-1  Appointment.
3861.5-2  Employment.
3861.6  Plats and notices.
3861.6-1  Payment of charges of the public survey office.
3861.7  Posting.
3861.7-1  Plat and notice to be posted on claim.
3861.7-2  Proof of posting on the claim.

           Subpart 3862--Lode Mining Claim Patent Applications

3862.1  Lode claim patent applications: General.
3862.1-1  Application for patent.
3862.1-2  Service charge.
3862.1-3  Evidence of title.
3862.1-4  Evidence relating to destroyed or lost records.
3862.1-5  Statement required that land is unreserved, unoccupied, 
          unimproved, and unappropriated.
3862.2  Citizenship.
3862.2-1  Citizenship of corporations and of associations acting through 
          agents.
3862.2-2  Citizenship of individuals.
3862.2-3  Trustee to disclose nature of trust.
3862.3  Possessory rights.
3862.3-1  Right by occupancy.
3862.3-2  Certificate of court required.
3862.3-3  Corroborative proof required.
3862.4  Publication of notice.

[[Page 842]]

3862.4-1  Newspaper publication.
3862.4-2  Contents of published notice.
3862.4-3  Authorized officer to designate newspaper.
3862.4-4  Charges for publication.
3862.4-5  Proof by applicant of publication and posting.
3862.4-6  Payment of purchase price and statement of charges and fees.
3862.5  Entry and transfers.
3862.5-1  Allowance of entry; transfers subsequent to application not 
          recognized.
3862.6  Diligent prosecution.
3862.6-1  Failure to prosecute application with diligence.
3862.7  Application processing upon contest or protest.
3862.7-1  Resumption of patent proceedings after suspension due to 
          adverse claim or protest.
3862.8  Patents for mining claims.
3862.8-1  Land descriptions in patents.

          Subpart 3863--Placer Mining Claim Patent Applications

3863.1  Placer mining claim patent applications: General.
3863.1-1  Application for patent.
3863.1-2  Proof of improvements for patent.
3863.1-3  Data to be filed in support of application.
3863.1-4  Applications for placers containing known lodes.

                     Subpart 3864--Millsite Patents

3864.1  Millsite patents: General.
3864.1-1  Application for patent.
3864.1-2  Millsites applied for in conjunction with a lode claim.
3864.1-3  Millsites for quartz mills or reduction works.
3864.1-4  Proof of nonmineral character.

    Authority:  30 U.S.C. 22 et seq.



                     Subpart 3861--Surveys and Plats

    Source:  35 FR 9754, June 13, 1970, unless otherwise noted.



Sec. 3861.1  Surveys of mining claims.



Sec. 3861.1-1  Application for survey.

    The claimant is required, in the first place, to have a correct 
survey of his claim made under authority of the proper cadastral 
engineer, such survey to show with accuracy the exterior surface 
boundaries of the claim, which boundaries are required to be distinctly 
marked by monuments on the ground. He is required to have a correct 
survey where patent is applied for and where the mining claim is in vein 
or lode formation, or covers lands not surveyed in accordance with the 
U.S. system of rectangular surveys, or where the mining claim fails to 
conform with the legal subdivisions of the federal surveys. Application 
for authorization of survey should be made to the appropriate land 
office (see Sec. 1821.2-1 of this chapter).

[Circ. 2220, 31 FR 16785, Dec. 31, 1966]



Sec. 3861.1-2  Survey must be made subsequent to recording notice of location.

    The survey and plat of mineral claims required to be filed in the 
proper office with application for patent must be made subsequent to the 
recording of the location of the claim (if the laws of the State or the 
regulations of the mining district require the notice of location to be 
recorded), and when the original location is made by survey of a mineral 
surveyor such location survey cannot be substituted for that required by 
the statute, as above indicated. All matters relating to the duties of 
mineral surveyors, and to the field and office procedure to be observed 
in the execution of mineral surveys, are set forth in Chapter X of the 
Manual of Instructions for the Survey of the Public Lands of the United 
States, 1947.



Sec. 3861.1-3  Plats and field notes of mineral surveys.

    When the patent is issued, one copy of the plat and field notes 
shall accompany the patent and be delivered to the patentee.



Sec. 3861.2  Surveys: Specific.



Sec. 3861.2-1  Particulars to be observed in mineral surveys.

    (a) The following particulars should be observed in the survey of 
every mining claim:
    (1) The exterior boundaries of the claim, the number of feet claimed 
along the vein, and, as nearly as can be ascertained, the direction of 
the vein, and the number of feet claimed on the vein in each direction 
from the point of discovery or other well-defined place on the claim 
should be represented on the plat of survey and in the field notes.

[[Page 843]]

    (2) The intersection of the lines of the survey with the lines of 
conflicting prior surveys should be noted in the field notes and 
represented upon the plat.
    (3) Conflicts with unsurveyed claims, where the applicant for survey 
does not claim the area in conflict, should be shown by actual survey.
    (4) The total area of the claim embraced by the exterior boundaries 
should be stated, and also the area in conflict with each intersecting 
survey, substantially as follows:

                                                                        
------------------------------------------------------------------------
                                                                   Acres
------------------------------------------------------------------------
Total area of claim.............................................   10.50
Area in conflict with survey No. 302............................    1.56
Area in conflict with survey No. 948............................    2.33
Area in conflict with Mountain Maid lode mining claim,                  
 unsurveyed.....................................................    1.48
------------------------------------------------------------------------

    (b) It does not follow that because mining surveys are required to 
exhibit all conflicts with prior surveys the area of conflict with prior 
surveys the area of conflict are to be excluded. The field notes and 
plat are made a part of the application for patent, and care should be 
taken that the description does not inadvertently exclude portions 
intended to be retained. The application for patent should state the 
portions to be excluded in express terms.



Sec. 3861.2-2  Certificate of expenditures and improvements.

    (a) The claimant at the time of filing the application for patent, 
or at any time within the 60 days of publication, is required to file 
with the authorized officer a certificate of the office cadastral 
engineer that not less than $500 worth of labor has been expended or 
improvements made, by the applicant or his grantors, upon each location 
embraced in the application, or if the application embraces several 
contiguous locations held in common, that an amount equal to $500 for 
each location has been so expended upon, and for the benefit of, the 
entire group; that the plat filed by the claimant is correct; that the 
field notes of the survey, as filed, furnish such an accurate 
description of the claim as will, if incorporation in a patent, serve to 
identify the premises fully, and that such reference is made therein to 
natural objects or permanent monuments as will perpetuate and fix the 
locus thereof.
    (b) In case of a lode and mill-site claim in the same survey the 
expenditure of $500 must be shown upon the lode claim.



Sec. 3861.2-3  Mineral surveyor's report of expenditures and improvements.

    (a) In the mineral surveyor's report of the value of the 
improvements all actual expenditures and mining improvements made by the 
claimant or his grantors, having a direct relation to the development of 
the claim, must be included in the estimate.
    (b) The expenditures required may be made from the surface or in 
running a tunnel, drifts, or crosscuts for the development of the claim. 
Expenditures for drill holes for the purpose of prospecting and securing 
data upon which further development of a group of lode mining claims 
held in common may be based are available toward meeting the statutory 
provision requiring an expenditure of $500 as a basis for patent as to 
all of the claims of the group situated in close proximity to such 
common improvement. Improvements of any other character, such as 
buildings, machinery, or roadways, must be excluded from the estimate, 
unless it is shown clearly that they are associated with actual 
excavations, such as cuts, tunnels, shafts, etc., are essential to the 
practical development of and actually facilitate the extraction of 
mineral from the claim.
    (c) Improvements made by a former locator who has abandoned his 
claim cannot be included in the estimate, but should be described and 
located in the notes and plat.



Sec. 3861.2-4  Supplemental proof of expenditures and improvements.

    If the value of the labor and improvements upon a mineral claim is 
less than $500 at the time of survey the mineral surveyor may file with 
the cadastral engineer supplemental proof showing $500 expenditure made 
prior to the expiration of the period of publication.



Sec. 3861.2-5  Amended mineral surveys.

    (a) Inasmuch as amended surveys are ordered only by special 
instructions

[[Page 844]]

from the Bureau of Land Management, and the conditions and circumstances 
peculiar to each separate case and the object sought by the required 
amendment, alone govern all special matters relative to the manner of 
making such survey and the form and subject matter to be embraced in the 
field notes thereof, but few general rules applicable to all cases can 
be laid down.
    (b) The expense of amended surveys, including amendment of plat and 
field notes, and office work in the Bureau of Land Management office 
will be borne by the claimant.
    (c) The amended survey must be made in strict conformity with, or be 
embraced within, the lines of the original survey. If the amended and 
original surveys are identical, that fact must be clearly and distinctly 
stated in the field notes. If not identical, a bearing and distance must 
be given from each established corner of the amended survey to the 
corresponding corner of the original survey. The lines of the original 
survey, as found upon the ground, must be laid down upon the preliminary 
plat in such manner as to contrast and show their relation to the lines 
of the amended survey.



Sec. 3861.3  Mineral surveyors.



Sec. 3861.3-1  Extent of duties.

    The duty of a mineral surveyor in any particular case ceases when he 
has executed the survey and returned the field notes and preliminary 
plat, with his report, to the cadastral engineer. He will not be allowed 
to prepare for the mining claimant the papers in support of his 
application for patent. He is not permitted to combine the duties of 
surveyor and notary public in the same case by administering oaths. It 
is preferable that both preliminary and final oaths of assistants should 
be taken before some officer duly authorized to administer oaths, other 
than the mineral surveyor. In cases, however, where great delay, 
expense, or inconvenience would result from a strict compliance with 
this section, the mineral surveyor is authorized to administer the 
necessary oaths to his assistants, but in each case where this is done, 
he will submit to the proper cadastral engineer a full written report of 
the circumstances which required his stated action; otherwise he must 
have absolutely nothing to do with the case, except in his official 
capacity as surveyor. He will not employ field assistants interested 
therein in any manner.



Sec. 3861.3-2  Assistants.

    The employing of claimants, their attorneys, or parties in interest, 
as assistants in making surveys of mineral claims will not be allowed.



Sec. 3861.4  Contract for surveys.



Sec. 3861.4-1  Payment.

    (a) The claimant is required, in all cases, to make satisfactory 
arrangements with the surveyor for the payment for his services and 
those of his assistants in making the survey, as the United States will 
not be held responsible for the same.
    (b) The state director has no jurisdiction to settle differences 
relative to the payment of charges for field work, between mineral 
surveyors and claimants. These are matters of private contract and must 
be enforced in the ordinary manner, i.e., in the local courts. The 
Department has, however, authority to investigate charges affecting the 
official actions of mineral surveyors, and will, on sufficient cause 
shown, suspend or revoke their appointment.



Sec. 3861.5  Appointment and employment of mineral surveyors.



Sec. 3861.5-1  Appointment.

    Pursuant to section 2334 of the Revised Statutes (30 U.S.C. 39), the 
Director or his delegate will appoint only a sufficient number of 
surveyors for the survey of mining claims to meet the demand for that 
class of work. Each appointee shall qualify as prescribed by the 
Director or his delegate. Applications for appointment as a mineral 
surveyor may be made at any office of the Bureau of Land Management 
listed in Sec. 1821.2-1 of these regulations. A roster of appointed 
mineral surveyors will be available at these offices. Each appointee may 
execute mineral surveys in any State where mineral surveys are 
authorized.
[38 FR 30001, Oct. 31, 1973]

[[Page 845]]



Sec. 3861.5-2  Employment.

    A mineral claimant may employ any United States mineral surveyor 
qualified as indicated in paragraph (a) of this section to make the 
survey of his claim. All expenses of the survey of mining claims and the 
publication of the required notices of application for patent are to be 
borne by the mining claimants.



Sec. 3861.6  Plats and notices.



Sec. 3861.6-1  Payment of charges of the public survey office.

    With regard to the platting of the claim and other office work in 
the Bureau of Land Management office, including the preparation of the 
copies of the plat and field notes to be furnished the claimant, that 
office will make an estimate of the cost thereof, which amount the 
claimant will deposit with it to be passed to the credit of the fund 
created by ``Deposits by Individuals for Surveying Public Lands.''



Sec. 3861.7  Posting.



Sec. 3861.7-1  Plat and notice to be posted on claim.

    The claimant is required to post a copy of the plat of survey in a 
conspicuous place upon the claim, together with notice of his intention 
to apply for a patent therefor, which notice will give the date of 
posting, the name of the claimant, the name of the claim, the number of 
the survey, the mining district and county, and the names of adjoining 
and conflicting claims as shown by the plat of survey.



Sec. 3861.7-2  Proof of posting on the claim.

    After posting the said plat and notice upon the premises the 
claimant will file with the proper manager two copies of such plat and 
the field notes of survey of the claim, accompanied by two copies of the 
statement of at least two credible witnesses that such plat and notice 
are posted conspicuously upon the claim, giving the date and place of 
such posting, and two copies of the notice so posted to be attached to 
and form a part of said statement.



           Subpart 3862--Lode Mining Claim Patent Applications

    Source:  35 FR 9756, June 13, 1970, unless otherwise noted.



Sec. 3862.1  Lode claim patent applications: General.



Sec. 3862.1-1  Application for patent.

    (a) At the time the proof of posting is filed the claimant must file 
in duplicate an application for patent showing that he has the 
possessory right to the claim, in virtue of a compliance by himself (and 
by his grantors, if he claims by purchase) with the mining rules, 
regulations, and customs of the mining district or State in which the 
claim lies, and with the mining laws of Congress, such statement to 
narrate briefly, but as clearly as possible, the facts constituting such 
compliance, the origin of his possession, and the basis of his claim to 
a patent. The application should contain a full description of the kind 
and character of the vein or lode and should state whether ore has been 
extracted therefrom; and if so, in what amount and of what value. It 
should also show the precise place within the limits of each of the 
locations embraced in the application where the vein or lode has been 
exposed or discovered and the width thereof. The showing in these 
regards should contain sufficient data to enable representatives of the 
Government to confirm the same by examination in the field and also 
enable the Bureau of Land Management to determine whether a valuable 
deposit of mineral actually exists within the limits of each of the 
locations embraced in the application.
    (b) Every application for patent, based on a mining claim located 
after August 1, 1946, shall state whether the claimant has or has not 
had any direct or indirect part in the development of the atomic bomb 
project. The application must set forth in detail the exact nature of 
the claimant's participation in the project, and must also state whether 
as a result of such participation he acquired any confidential, official 
information as to the existence of deposits of uranium, thorium, or 
other

[[Page 846]]

fissionable source materials in the lands covered by his application.
    (c) In applying for patent to a mining claim embracing land lying 
partly within one proper office and partly within another, a full set of 
papers must be filed in each office, except that one abstract of title 
and one proof of patent expenditures will be sufficient. Only one 
newspaper publication and one posting on the claim will be required, but 
proof thereof must be filed in both offices, the statements as to 
posting plat and notice on the claim to be signed within the respective 
land districts, as well, also, as all of the other statements required 
in mineral patent proceedings, except such as, under the law, may be 
signed outside of the land district wherein the land applied for is 
situated. Publication, payment of fees, and the purchase price of the 
land will be further governed by the provisions of Secs. 1823.4(a) and 
1861.2 of this chapter.



Sec. 3862.1-2  Service charge.

    Each Mineral Patent Application shall be accompanied by a 
nonrefundable service charge of $250 per application and the initial 
mining claim or site plus $50 for each additional mining claim or site 
contained within the application.
[54 FR 48882, Dec. 2, 1988]



Sec. 3862.1-3  Evidence of title.

    (a) Each patent application must be supported by either a 
certificate of title or an abstract of title certified to by the legal 
custodian of the records of locations and transfers of mining claims or 
by an abstracter of titles. The certificate of title or certificate to 
an abstract of title must be by a person, association, or corporation 
authorized by the State laws to execute such a certificate and 
acceptable to the Bureau of Land Management.
    (b) A certificate of title must conform substantially to a form 
approved by the Director.
    (c) Each certificate of title or abstract of title must be 
accompanied by single copies of the certificate or notice of the 
original location of each claim, and of the certificates of amended or 
supplemental locations thereof, certified to by the legal custodian of 
the record of mining locations.
    (d) A certificate to an abstract of title must state that the 
abstract is a full, true, and complete abstract of the location 
certificates or notices, and all amendments thereof, and of all deeds, 
instruments, or actions appearing of record purporting to convey or to 
affect the title to each claim.
    (e) The application for patent will be received and filed if the 
certificate of title or an abstract is brought down to a day reasonably 
near the date of the presentation of the application and shows full 
title in the applicant, who must as soon as practicable thereafter file 
a supplemental certificate of title or an abstract brought down so as to 
include the date of the filing of the application.



Sec. 3862.1-4  Evidence relating to destroyed or lost records.

    In the event of the mining records in any case having been destroyed 
by fire or otherwise lost, a statement of the fact should be made, and 
secondary evidence of possessory title will be received, which may 
consist of the statement of the claimant, supported by those of any 
other parties cognizant of the facts relative to his location, 
occupancy, possession, improvements, etc.; and in such case of lost 
records, any deeds, certificates of location or purchase, or other 
evidence which may be in the claimant's possession and tend to establish 
his claim, should be filed.



Sec. 3862.1-5  Statement required that land is unreserved, unoccupied, unimproved, and unappropriated.

    Each person making application for patent under the mining laws, for 
lands in Alaska, must furnish a duly corroborated statement showing that 
no portion of the land applied for is occupied or reserved by the United 
States, so as to prevent its acquisition under said laws; that the land 
is not occupied or claimed by natives of Alaska; and that the land is 
unoccupied, unimproved and unappropriated by any person claiming the 
same other than the applicant.

[[Page 847]]



Sec. 3862.2  Citizenship.



Sec. 3862.2-1  Citizenship of corporations and of associations acting through agents.

    The proof necessary to establish the citizenship of applicants for 
mining patents must be made in the following manner: In case of an 
incorporated company, a certified copy of its charter or certificate of 
incorporation must be filed. In case of an association of persons 
unincorporated, the statement of their duly authorized agent, made upon 
his own knowledge or upon information and belief, setting forth the 
residence of each person forming such association, must be submitted. 
This statement must be accompanied by a power of attorney from the 
parties forming such association, authorizing the person who makes the 
citizenship showing to act for them in the matter of their application 
of patent.



Sec. 3862.2-2  Citizenship of individuals.

    (a) In case of an individual or an association of individuals who do 
not appear by their duly authorized agent, the statement of each 
applicant, showing whether he is a native or naturalized citizen, when 
and where born, and his residence, will be required.
    (b) In case an applicant has declared his intention to become a 
citizen or has been naturalized, his statement must show the date, 
place, and the court before which he declared his intention, or from 
which his certificate of citizenship issued, and present residence.



Sec. 3862.2-3  Trustee to disclose nature of trust.

    Any party applying for patent as trustee must disclose fully the 
nature of the trust and the name of the cestui que trust; and such 
trustee, as well as the beneficiaries, must furnish satisfactory proof 
of citizenship; and the names of beneficiaries, as well as that of the 
trustee, must be inserted in the final certificate of entry.



Sec. 3862.3  Possessory rights.



Sec. 3862.3-1  Right by occupancy.

    (a) The provisions of R.S. 2332 (30 U.S.C. 38), greatly lessen the 
burden of proof, more especially in the case of old claims located many 
years since, the records of which, in many cases, have been destroyed by 
fire, or lost in other ways during the lapse of time, but concerning the 
possessory right to which all controversy or litigation has long been 
settled.
    (b) When an applicant desires to make his proof of possessory right 
in accordance with this provision of law, he will not be required to 
produce evidence of location, copies of conveyances, or abstracts of 
title, as in other cases, but will be required to furnish a duly 
certified copy of the statute of limitation of mining claims for the 
State, together with his statement giving a clear and succinct narration 
of the facts as to the origin of his title, and likewise as to the 
continuation of his possession of the mining ground covered by his 
application; the area thereof; the nature and extent of the mining that 
has been done thereon; whether there has been any opposition to his 
possession, or litigation with regard to his claim, and if so, when the 
same ceased; whether such cessation was caused by compromise or by 
judicial decree, and any additional facts within the claimant's 
knowledge having a direct bearing upon his possession and bona fides 
which he may desire to submit in support of his claim.



Sec. 3862.3-2  Certificate of court required.

    There should likewise be filed a certificate, under seal of the 
court having jurisdiction of mining cases within the judicial district 
embracing the claim, that no suit or action of any character whatever 
involving the right of possession to any portion of the claim applied 
for is pending, and that there has been no litigation before said court 
affecting the title to said claim or any part thereof for a period equal 
to the time fixed by the statute of limitations for mining claims in the 
State as aforesaid other than that which has been finally decided in 
favor of the claimant.



Sec. 3862.3-3  Corroborative proof required.

    The claimant should support his narrative of facts relative to his 
possession, occupancy, and improvements by

[[Page 848]]

corroborative testimony of any disinterested person or persons of 
credibility who may be cognizant of the facts in the case and are 
capable of testifying understandingly in the premises.



Sec. 3862.4  Publication of notice.



Sec. 3862.4-1  Newspaper publication.

    Upon the receipt of applications for mineral patent and accompanying 
papers, if no reason appears for rejecting the application, the 
authorized officer will, at the expense of the claimant (who must 
furnish the agreement of the publisher to hold applicant for patent 
alone responsible for charges of publication), publish a notice of such 
application for the period of 60 days in a newspaper published nearest 
to the claim. If the notice is published in a daily paper, it shall be 
published in the Wednesday issue for nine consecutive weeks; if weekly, 
in nine consecutive issues; if semiweekly or triweekly, in the issue of 
the same day of each week for nine consecutive weeks. In all cases the 
first day of issues shall be excluded in estimating the period of 60 
days.
[35 FR 9756, June 13, 1970, as amended at 41 FR 21642, May 27, 1976]



Sec. 3862.4-2  Contents of published notice.

    The notices published as required by the preceding section must 
embrace all the data given in the notice posted upon the claim. In 
addition to such data the published notice must further indicate the 
locus of the claim by giving the connecting line, as shown by the field 
notes and plat, between a corner of the claim and a United States 
mineral monument or a corner of the public survey, and thence the 
boundaries of the claim by courses and distances.



Sec. 3862.4-3  Authorized officer to designate newspaper.

    The authorized officer shall have the notice of application for 
patent published in a paper of established character and general 
circulation, to be by him designated as being the newspaper published 
nearest the land.



Sec. 3862.4-4  Charges for publication.

    (a) The charge for the publication of notice of application for 
patent in a mining case in all districts shall not exceed the legal 
rates allowed by the laws of the several States for the publication of 
legal notices wherein the notice is published.
    (b) It is expected that these notices shall not be so abbreviated as 
to curtail the description essential to a perfect notice, and on the 
other hand that they shall not be of unnecessary length. The printed 
matter must be set solid without paragraphing or any display in the 
heading and shall be in the usual body type used in legal notices. If 
other type is used, no allowance will be made for additional space on 
that account. The number of solid lines only used in advertising by 
actual count will be allowed. All abbreviations and copy must be 
strictly followed. The following is a sample of advertisement set up in 
accordance with Government requirements and contains all the essential 
data necessary for publication:

    M. A. No. 04421, U. S. Land Office, Elko, Nevada, October 5, 1921. 
Notice is hereby given that the Jarbidge Buhl Mining Company by W. H. 
Hudson, attorney in fact, of Jarbidge, Nevada, has made application for 
patent to the Altitude, Altitude No. 1, Altitude No. 3, and Altitude 
Annex, lode mining claims. Survey No. 4470, in unsurveyed T. 46 N., R. 
58 E., M. D. B. and M., in the Jarbidge mining district, Elko County, 
Nevada, described as follows: Beginning at corner No. 1, Altitude No. 3, 
whence the quarter corner of the south boundary of sec. 34 T. 46 N., R. 
58 E., M. D. B. and M., bears south 41 deg.54' west 7285.63 feet, thence 
north 20 deg.14' west 1500 feet to corner No. 2 of said lode; thence 
north 69 deg.46' east 569 feet to corner No. 3 of said lode; thence 
south 20 deg.14' east 417.5 feet to corner 2, Altitude No. 1; thence 
north 69 deg.46' east 1606.1 feet to corner No. 3, Altitude lode; thence 
south 20 deg.14' east 1500 feet, to corner No. 4 of said lode; thence 
south 69 deg.46' west 1606.1 feet, to corner No. 1, Altitude No. 1 lode; 
thence North 20 deg.14' west 417.5 feet to corner No. 4, Altitude No. 3; 
thence south 69 deg.46' west 569 feet to point of beginning. There are 
no adjoining or conflicting claims. The location notices are recorded in 
Book 17, pages 373 and 374, and in Book 15, pages 52 and 53, mining 
locations, Elko County, Nevada, John E. Robbins, Manager.

    (c) For the publication of citations in contests or hearings, 
involving the character of lands, the charges may

[[Page 849]]

not exceed the rates provided for similar notices by the law of the 
State.



Sec. 3862.4-5  Proof by applicant of publication and posting.

    After the 60-day period of newspaper publication has expired, the 
claimant will furnish from the office of publication a sworn statement 
that the notice was published for the statutory period, giving the first 
and last day of such publication, and his own statement showing that the 
plat and notice aforesaid remained conspicuously posted upon the claim 
sought to be patented during said 60-day publication, giving the dates.



Sec. 3862.4-6  Payment of purchase price and statement of charges and fees.

    Upon the filing of the statement required by the preceding section, 
the authorized officer will, if no adverse claim was filed in his office 
during the period of publication, and no other objection appears, permit 
the claimant to pay for the land to which he is entitled at the rate of 
$5 for each acre and $5 for each fractional part of an acre, except as 
otherwise provided by law, issuing the usual receipt therefor. The 
claimant will also make a statement of all charges and fees paid by him 
for publication and surveys, together with all fees and money paid the 
authorized officer of the proper office, and a patent shall be issued 
thereon if found regular.



Sec. 3862.5  Entry and transfers.



Sec. 3862.5-1  Allowance of entry; transfers subsequent to application not recognized.

    No entry will be allowed until the authorized officer has satisfied 
himself, by careful examination, that proper proofs have been filed upon 
the points indicated in the law and official regulations. Transfers made 
subsequent to the filing of the application for patent will not be 
considered, but entry will be allowed and patent issued in all cases in 
the name of the applicant for patent, the title conveyed by the patent, 
of course, in each instance inuring to the transferee of such applicant 
where a transfer has been made pending the application for patent.



Sec. 3862.6  Diligent prosecution.



Sec. 3862.6-1  Failure to prosecute application with diligence.

    The failure of an applicant for patent to a mining claim to 
prosecute his application to completion, by filing the necessary proofs 
and making payment for the land, within a reasonable time after the 
expiration of the period of publication of notice of the application, or 
after the termination of adverse proceedings in the courts, constitutes 
a waiver by the applicant of all rights obtained by the earlier 
proceedings upon the application.



Sec. 3862.7  Application processing upon contest or protest.



Sec. 3862.7-1  Resumption of patent proceedings after suspension due to adverse claim or protest.

    The proceedings necessary to the completion of an application for 
patent to a mining claim, against which an adverse claim or protest has 
been filed, if taken by the applicant at the first opportunity afforded 
therefor under the law and departmental practice, will be as effective 
as if taken at the date when, but for the adverse claim or protest, the 
proceedings on the application could have been completed.



Sec. 3862.8  Patents for mining claims.



Sec. 3862.8-1  Land descriptions in patents.

    The land description in a patent for a lode mining claim, for a 
millsite, or for a placer claim not consisting of legal subdivisions, 
shall hereafter consist of the names and survey numbers of the claims 
being patented and those being excluded, or of the names of the excluded 
claims if they are unsurveyed, or of the legal subdivisions of excluded 
land covered by homestead or other nonmineral entry. The land 
description shall refer to the field notes of survey and the plat 
thereof for a more particular description and the patent shall expressly 
make them a part thereof. Where shown by the mineral entry the patent 
shall give the actual or approximate legal subdivision, section, 
township and range, the name of the county and of the mining district, 
if any, wherein the claims are situated. A

[[Page 850]]

copy of the plat and field notes of each mineral survey patented will be 
furnished to the patentee.



          Subpart 3863--Placer Mining Claim Patent Applications

    Source:  35 FR 9758, June 13, 1970, unless otherwise noted.



Sec. 3863.1  Placer mining claim patent applications: General.

    (a) The proceedings to obtain patents for placer claims, including 
all forms of mineral deposits excepting veins of quartz or other rock in 
place, are similar to the proceedings prescribed for obtaining patents 
for vein or lode claims; but where a placer claim shall be upon surveyed 
lands, and conforms to legal subdivisions, no further survey or plat 
will be required. Where placer claims cannot be conformed to legal 
subdivisions, survey and plat shall be made as on unsurveyed lands.
    (b) The price of placer claims is fixed at $2.50 per acre or 
fractional part of an acre.



Sec. 3863.1-1  Application for patent.



Sec. 3863.1-2  Proof of improvements for patent.

    The proof of improvements must show their value to be not less than 
$500 and that they were made by the applicant for patent or his 
grantors. This proof should consist of the statement of two or more 
disinterested witnesses.



Sec. 3863.1-3  Data to be filed in support of application.

    (a) In placer applications, in addition to the recitals necessary in 
and to both vein or lode and placer applications, the placer application 
should contain, in detail, such data as will support the claim that the 
land applied for is placer ground containing valuable mineral deposits 
not in vein or lode formation and that title is sought not to control 
water courses or to obtain valuable timber but in good faith because of 
the mineral therein. This statement, of course, must depend upon the 
character of the deposit and the natural features of the ground, but the 
following details should be covered as fully as possible: If the claim 
be for a deposit of placer gold, there must be stated the yield per pan, 
or cubic yard, as shown by prospecting and development work, distance to 
bedrock, formation and extent of the deposit, and all other facts upon 
which he bases his allegation that the claim is valuable for its 
deposits of placer gold. If it be a building stone or other deposit than 
gold claimed under the placer laws, he must describe fully the kind, 
nature, and extent of the deposit, stating the reasons why same is by 
him regarded as a valuable mineral claim. He will also be required to 
describe fully the natural features of the claim; streams, if any, must 
be fully described as to their course, amount of water carried, fall 
within the claim; and he must state kind and amount of timber and other 
vegetation thereon and adaptability to mining or other uses.
    (b) If the claim be all placer ground, that fact must be stated in 
the application and corroborated by accompanying proofs; if of mixed 
placers and lodes, it should be so set out, with a description of all 
known lodes situated within the boundaries of the claim. A specific 
declaration, such as is required by R.S. 2333 (30 U.S.C. 37) must be 
furnished as to each lode intended to be claimed. All other known lodes 
are, by the silence of the applicant, excluded by law from all claim by 
him, of whatsoever nature, possessory or otherwise.
    (c) While these data are required as a part of the mineral 
surveyor's report in case of placers taken by special survey, it is 
proper that the application for patent incorporate these facts.
    (d) Inasmuch as in case of claims taken by legal subdivisions, no 
report by a mineral surveyor is required, the claimant, in his 
application in addition to the data above required, should describe in 
detail the shafts, cuts, tunnels, or other workings claimed as 
improvements, giving their dimensions, value, and the course and 
distance thereof to the nearest corner of the public surveys.
    (e) The statement as to the description and value of the 
improvements must be corroborated by the statements of two disinterested 
witnesses. The proof showing must be made in duplicate. See 51 L.D. 265 
and 52 L.D. 190.

[[Page 851]]

    (f) Applications awaiting entry, whether published or not, must be 
made to conform to this part, with respect to proof as to the character 
of the land. Entries already made will be suspended for such additional 
proofs as may be deemed necessary in each case.



Sec. 3863.1-4  Applications for placers containing known lodes.

    Applicants for patent to a placer claim, who are also in possession 
of a known vein or lode included therein, must state in their 
application that the placer includes such vein or lode. The published 
and posted notices must also include such statement. If veins or lodes 
lying within placer locations are owned by other parties, the fact 
should be distinctly stated in the application for patent and in all the 
notices. But in all cases whether the lode is claimed or excluded, it 
must be surveyed and marked upon the plat, the field notes and plat 
giving the area of the lode claim or claims and the area of the placer 
separately. An application which omits to claim such known vein or lode 
must be construed as a conclusive declaration that the applicant has no 
right of possession to the vein or lode. Where there is no known lode or 
vein, the fact must appear by the statement of two or more witnesses.



                     Subpart 3864--Millsite Patents

    Source:  35 FR 9758, June 13, 1970, unless otherwise noted.



Sec. 3864.1  Millsite patents: General.



Sec. 3864.1-1  Application for patent.

    (a) Land entered as a millsite must be shown to be nonmineral. 
Millsites are simply auxiliary to the working of mineral claims. R.S. 
2337 (30 U.S.C. 42) provides for the patenting of millsites.
    (b) To avail themselves of this provision of law, parties holding 
the possessory right to a vein or lode claim, and to a piece of 
nonmineral land not contiguous thereto for mining or milling purposes, 
not exceeding the quantity allowed for such purpose by R.S. 2337, or 
prior laws, under which the land was appropriated, the proprietors of 
such vein or lode may file in the proper office their application for a 
patent, which application, together with the plat and field notes, may 
include, embrace, and describe, in addition to the vein or lode claim, 
such noncontiguous millsite, and after due proceedings as to notice, 
etc., a patent will be issued conveying the same as one claim. The owner 
of a patented lode may, by an independent application, secure a 
millsite, if good faith is manifest in its use or occupation in 
connection with the lode and no adverse claim exists.
    (c) The Act of March 18, 1960 (74 Stat. 7; 43 U.S.C. 42(b)), amends 
R.S. 2337 to allow the holders of possessory right in a placer claim to 
hold nonmineral land for mining, milling, processing beneficiation, or 
other operations in connection with the placer claim. Applications for 
patent for such millsites are subject to the same requirements as to 
survey and notice as one applicable to placer mining claims. No one 
millsite may exceed five acres and payment will be $2.50 per acre or 
fraction thereof.



Sec. 3864.1-2  Millsites applied for in conjunction with a lode claim.

    Where the original survey includes a lode claim and also a millsite 
the lode claim should be described in the plat and field notes as ``Sur. 
No. 37, A,'' and the millsite as ``Sur. No. 37, B,'' or whatever may be 
its appropriate numerical designation; the course and distance from a 
corner of the millsite to a corner of the lode claim to be invariably 
given in such plat and field notes, and a copy of the plat and notice of 
application for patent must be conspicuously posted upon the millsite as 
well as upon the vein or lode claim for the statutory period of 60 days. 
In making the entry no separate receipt or certificate need be issued 
for the millsite, but the whole area of both lode and millsite will be 
embraced in one entry, the price being $5 for each acre and fractional 
part of an acre embraced by such lode and millsite claim.



Sec. 3864.1-3  Millsites for quartz mills or reduction works.

    In case the owner of a quartz mill or reduction works is not the 
owner or claimant of a vein or lode claim the law permits him to make 
application

[[Page 852]]

therefor in the same manner prescribed for mining claims, and after due 
notice and proceedings, in the absence of a valid adverse filing, to 
enter and receive a patent for his millsite at the price named in the 
preceding section.



Sec. 3864.1-4  Proof of nonmineral character.

    In every case there must be satisfactory proof that the land claimed 
as a millsite is not mineral in character, which proof may, where the 
matter is unquestioned, consist of the statement of two or more persons 
capable, from acquaintance with the land to testify understandingly.



PART 3870--ADVERSE CLAIMS, PROTESTS AND CONFLICTS--Table of Contents




                      Subpart 3871--Adverse Claims

Sec.
3871.1  Filing of claim.
3871.2  Statement of claim.
3871.3  Action by authorized officer.
3871.4  Patent proceedings stayed when adverse claim is filed; 
          exception.
3871.5  Termination of adverse suit.
3871.6  Certificate required when no suit commenced.

             Subpart 3872--Protests, Contests and Conflicts

3872.1  Protest against mineral applications.
3872.2  Procedure in contest cases.
3872.3  Presumption as to land returned as mineral.
3872.4  Procedure to dispute record character of land.
3872.5  Testimony at hearings to determine character of lands.

                        Subpart 3873--Segregation

3873.1  Segregation of mineral from nonmineral land.
3873.2  Effect of decision that land is mineral.
3873.3  Non-mineral entry of residue of subdivisions invaded by mining 
          claims.



                      Subpart 3871--Adverse Claims

    Source:  35 FR 9759, June 13, 1970, unless otherwise noted.



Sec. 3871.1  Filing of claim.

    (a) An adverse claim must be filed with the authorized officer of 
the proper office where the application for patent is filed or with the 
manager of the district in which the land is situated at the time of 
filing the adverse claim. The claim may be filed by the adverse 
claimant, or by his duly authorized agent or attorney in fact cognizant 
of the facts stated.
    (b) Where an agent or attorney in fact files the adverse claim he 
must furnish proof that he is such agent or attorney.
    (c) The agent or attorney in fact must sign the statement of the 
adverse claim within the land district where the claim is situated, 
stating that it was so signed.
    (d) A fee of $10 is payable by an adverse claimant at the time of 
filing his adverse claim. This charge is not refundable.



Sec. 3871.2  Statement of claim.

    (a) The adverse claim must fully set forth the nature and extent of 
the interference or conflict; whether the adverse party claims as a 
purchaser for valuable consideration or as a locator. If the former, a 
certified copy of the original location, the original conveyance, a duly 
certified copy thereof, or an abstract of title from the office of the 
proper recorder should be furnished, or if the transaction was a merely 
verbal one he will narrate the circumstances attending the purchase, the 
date thereof, and the amount paid, which facts should be supported by 
the statement of one or more witnesses, if any were present at the time, 
and if he claims as a locator he must file a duly certified copy of the 
location from the office of the proper recorder.
    (b) In order that the ``boundaries'' and ``extent'' of the claim may 
be shown, it will be incumbent upon the adverse claimant to file a plat 
showing his entire claim, its relative situation or position with the 
one against which he claims, and the extent of the conflict: Provided, 
however, That if the application for patent describes the claim by legal 
subdivisions, the adverse claimant, if also claiming by legal 
subdivisions, may describe his adverse claim in the same manner without 
further survey or plat. If the claim is not described by legal 
subdivisions it will generally be more satisfactory if the

[[Page 853]]

 plat thereof is made from an actual survey by a mineral surveyor and 
its correctness officially certified thereon by him.



Sec. 3871.3  Action by authorized officer.

    (a) Upon the adverse claim being filed within the 60-day period of 
publication, the authorized officer will immediately give notice in 
writing to the parties that such adverse claim has been filed, informing 
them that the party who filed the adverse claim will be required within 
30 days from the date of such filing to commence proceedings in a court 
of competent jurisdiction to determine the question of right of 
possession, and to prosecute the same with reasonable diligence to final 
judgment, and that should such adverse claimant fail to do so, his 
adverse claim will be considered waived and the application for patent 
be allowed to proceed upon its merits.
    (b) The Act of September 21, 1961 (Pub. L. 87-260; 75 Stat. 541), 
amends the Act of June 7, 1910 (36 Stat. 459; 48 U.S.C. 386), and 
provides that adverse suits against mineral entries in Alaska shall be 
instituted within the 60-day time limit set forth in R.S. 2325 and 2326, 
(30 U.S.C. 29, 30). The act further provides that where a mineral patent 
application was filed prior to the effective date of the act, the time 
in which to file adverse suits is governed by the Act of June 7, 1910. 
Where a mineral patent application was filed prior to September 21, 
1961, the entry will not be allowed until after the expiration of eight 
months following the publication period.



Sec. 3871.4  Patent proceedings stayed when adverse claim is filed; exception.

    When an adverse claim is filed as aforesaid, the authorized officer 
will endorse upon the same the precise date of filing and preserve a 
record of the date of notifications issued thereon; and thereafter all 
proceedings on the application for patent will be stayed with the 
exception of the completion of the publication and posting of notices 
and plat and the filing of the necessary proof thereof, until the 
controversy shall have been finally adjudicated in court or the adverse 
claim waiver or withdrawn.



Sec. 3871.5  Termination of adverse suit.

    (a) Where an adverse claim has been filed and suit thereon commenced 
within the statutory period and final judgment rendered determining the 
right of possession, it will not be sufficient to file with the 
authorized officer a certificate of the clerk of the court setting forth 
the facts as to such judgment, but the successful party must, before he 
is allowed to make entry, file a certified copy of the judgment roll, 
together with the other evidence required by R.S. 2326 (30 U.S.C. 30), 
and a certificate of the clerk of the court under the seal of the court 
showing, in accord with the record facts of the case, that the judgment 
mentioned and described in the judgment roll aforesaid is a final 
judgment; that the time for appeal therefrom has, under the law, 
expired, and that no such appeal has been filed, or that the defeated 
party has waived his right to appeal. Other evidence showing such waiver 
or an abandonment of the litigation may be filed.
    (b) Where such suit has been dismissed, a certificate of the clerk 
of the court to that effect or a certified copy of the order of 
dismissal will be sufficient.
    (c) After an adverse claim has been filed and suit commenced, a 
relinquishment or other evidence of abandonment of the adverse claim 
will not be accepted, but the case must be terminated and proof thereof 
furnished as required by the last two paragraphs.



Sec. 3871.6  Certificate required when no suit commenced.

    Where an adverse claim has been filed but no suit commenced against 
the applicant for patent within the statutory period, a certificate to 
that effect by the clerk of the State court having jurisdiction in the 
case, and also by the clerk of the district court of the United States 
for the district in which the claim is situated, will be required.

[[Page 854]]



             Subpart 3872--Protests, Contests and Conflicts

    Source:  35 FR 9760, June 13, 1970, unless otherwise noted.



Sec. 3872.1  Protest against mineral applications.

    (a) At any time prior to the issuance of patent, protest may be 
filed against the patenting of the claim as applied for, upon any ground 
tending to show that the applicant has failed to comply with the law in 
any matter essential to a valid entry under the patent proceedings. Such 
protest cannot, however, be made the means of preserving a surface 
conflict lost by failure to adverse or lost by the judgment of the court 
in an adverse suit. One holding a present joint interest in a mineral 
location included in an application for patent who is excluded from the 
application, so that his interest would not be protected by the issue of 
patent thereon, may protest against the issuance of a patent as applied 
for, setting forth in such protest the nature and extent of his interest 
in such location, and such a protestant will be deemed a party in 
interest entitled to appeal. This results from the holding that a co-
owner excluded from an application for patent does not have an 
``adverse'' claim within the meaning of R.S. 2325 and 2326 (30 U.S.C. 
29, 30). (See Turner v. Sawyer, 150 U.S. 578-586, 37 L. ed. 1189-1191.)
    (b) Such protest filed by any party, other than a Federal agency, 
must be accompanied by a $10 nonrefundable service charge.



Sec. 3872.2  Procedure in contest cases.

    Parts 1840 and 1850 of this chapter, in cases before the United 
States, the Bureau of Land Management, and the Department of the 
Interior will, so far as applicable, govern in all cases and proceedings 
arising in contests and hearings to determine the character of lands.



Sec. 3872.3  Presumption as to land returned as mineral.

    Public land returned upon the survey records as mineral shall be 
withheld from entry as agricultural land until the presumption arising 
from such a return shall be overcome.



Sec. 3872.4  Procedure to dispute record character of land.

    (a) When lands returned as mineral are sought to be entered as 
agricultural under laws which require the submission of final proof 
after due notice by publication and posting, the filing of the proper 
nonmineral statement in the absence of allegations that the land is 
mineral will be deemed sufficient as a preliminary requirement. A 
satisfactory showing as to character of land must be made when final 
proof is submitted.
    (b) In case of application to enter, locate, or select such lands as 
agricultural, under laws in which the submission of final proof after 
due publication and posting is not required, notice thereof must first 
be given by publication for 60 days and posting in the local office 
during the same period, and affirmative proof as to the character of the 
land submitted. In the absence of allegations that the land is mineral, 
and upon compliance with this requirement, the entry location, or 
selection will be allowed, if otherwise regular.
    (c) Where as against the claimed right to enter such lands as 
agricultural it is alleged that the same are mineral, or are applied for 
as mineral lands, the proceedings in this class of cases will be in the 
nature of a contest, and the practice will be governed by the rules in 
force in contest cases.



Sec. 3872.5  Testimony at hearings to determine character of lands.

    (a) At hearings to determine the character of lands the claimants 
and witnesses will be thoroughly examined with regard to the character 
of the land; whether the same has been thoroughly prospected; whether or 
not there exists within the tract or tracts claimed any lode or vein of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, 
copper, or other valuable deposit which has ever been claimed, located, 
recorded, or worked; whether such work is entirely abandoned, or whether 
occasionally resumed; if such lode does exist, by whom claimed, under 
what designation, and in which subdivision of the land it lies; whether 
any placer mine or mines exist upon the land; if so, what is the 
character thereof, whether of the shallow-

[[Page 855]]

surface description, or of the deep cement, blue lead, or gravel 
deposits; to what extent mining is carried on when water can be 
obtained, and what the facilities are for obtaining water for mining 
purposes; upon what particular 10-acre subdivisions mining has been 
done, and at what time the land was abandoned for mining purposes, if 
abandoned at all. In every case, where practicable, an adequate quantity 
or number of representative samples of the alleged mineral-bearing 
matter or material should be offered in evidence, with proper 
identification, to be considered in connection with the record, with 
which they will be transmitted upon each appeal that may be taken. 
Testimony may be submitted as to the geological formation and 
development of mineral on adjoining or adjacent lands and their 
relevancy.
    (b) The testimony should also show the agricultural capacities of 
the land, what kind of crops are raised thereon, the value thereof; the 
number of acres actually cultivated for crops of cereals or vegetables, 
and within which particular 10-acre subdivision such crops are raised; 
also which of these subdivisions embrace the improvements, giving in 
detail the extent and value of the improvements, such as house, barn, 
vineyard, orchard, fencing, etc., and mining improvements.
    (c) The testimony should be as full and complete as possible; and in 
addition to the leading points indicated above, where an attempt is made 
to prove the mineral character of lands which have been entered under 
the agricultural laws, it should show at what date, if at all, valuable 
deposits of minerals were first known to exist on the lands.



                        Subpart 3873--Segregation

    Source:  35 FR 9760, June 13, 1970, unless otherwise noted.



Sec. 3873.1  Segregation of mineral from non-mineral land.

    Where a survey is necessary to set apart mineral from non-mineral 
land the appropriate authorized officer will have special instructions 
prepared outlining the procedure to be followed in the required survey. 
The survey will be executed at the expense of the United States. Where, 
in stock-raising homestead entries, it has been satisfactorily 
established that there are existent prior unpatented mining claims, the 
segregation of the latter is not strictly a segregation of mineral from 
non-mineral land, but rather the procedure adopted to define the 
boundaries of and provide a legal description for that part of the 
homestead entry which is not within the segregated mining claims.



Sec. 3873.2  Effect of decision that land is mineral.

    The fact that a certain tract of land is decided upon testimony to 
the mineral in character is by no means equivalent to an award of the 
land to a miner. In order to secure a patent for such land, he must 
proceed as in other cases, in accordance with this part.



Sec. 3873.3  Non-mineral entry of residue of subdivisions invaded by mining claims.

    (a) The authorized officer will accept and approve any application 
(if otherwise regular), to make a non-mineral entry of the residue of 
any original lot or legal subdivision which is invaded by mining claims 
if the tract has already been lotted to exclude such claims. If not so 
lotted, and if the original lot or legal subdivision is invaded by 
patented mining claims, or by mining claims covered by pending 
applications for patent which the non-mineral applicant does not desire 
to contest, or by approved mining claims of established mineral 
character, the authorized officer will accept and approve the 
application (if otherwise regular), exclusive of the conflict with the 
mining claims.
    (b) The authorized officer will allow no non-mineral application for 
any portion of an original lot or 40-acre legal subdivision, where the 
tract has not been lotted to show the reduced area by reason of approved 
surveys of mining claims for which applications for patent have not been 
filed, until the non-mineral applicant submits a satisfactory showing 
that such surveyed claims are in fact mineral in character. Applications 
to have lands which are

[[Page 856]]

 asserted to be mineral, or mining locations, segregated by survey with 
a view to the non-mineral appropriation of the remainder, will be made 
to the authorized officer of the proper office. Such applications must 
be supported by a written statement of the party in interest, duly 
corroborated by two or more disinterested persons, or by such other or 
further evidence as may be required, that the land sought to be 
segregated as mineral is in fact mineral in character.

[[Page 857]]



                  SUBCHAPTER D--RANGE MANAGEMENT (4000)





Group 4100--Grazing Administration--Table of Contents





    Note:  The information collection requirements contained in subparts 
4120 and 4130 of Group 4100 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3507 and assigned clearance 
numbers 1004-0005, 1004-0019, 1004-0020, 1004-0041, 1004-0047, 1004-
0051, 1004-0068 and 1004-0131. The information is being collected to 
permit the authorized officer to determine whether an application to 
utilize the public lands for grazing purposes should be granted. The 
information will be used to make this determination. A response is 
required to obtain a benefit.

[48 FR 40890, Sept. 12, 1983]



PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA--Table of Contents




   Subpart 4100--Grazing Administration--Exclusive of Alaska; General

Sec.
4100.0-1  Purpose.
4100.0-2  Objectives.
4100.0-3  Authority.
4100.0-5  Definitions.
4100.0-7  Cross reference.
4100.0-8  Land use plans.
4100.0-9  Information collection.

               Subpart 4110--Qualifications and Preference

4110.1  Mandatory qualifications.
4110.1-1  Acquired lands.
4110.2  Grazing preference.
4110.2-1  Base property.
4110.2-2  Specifying permitted use.
4110.2-3  Transfer of grazing preference.
4110.2-4  Allotments.
4110.3  Changes in permitted use.
4110.3-1  Increasing permitted use.
4110.3-2  Decreasing permitted use.
4110.3-3  Implementing reductions in permitted use.
4110.4  Changes in public land acreage.
4110.4-1  Additional land acreage.
4110.4-2  Decrease in land acreage.
4110.5  Interest of Member of Congress.

                    Subpart 4120--Grazing Management

4120.1  [Reserved]
4120.2  Allotment management plans and resource activity plans.
4120.3  Range improvements.
4120.3-1  Conditions for range improvements.
4120.3-2  Cooperative range improvement agreements.
4120.3-3  Range improvement permits.
4120.3-4  Standards, design and stipulations.
4120.3-5  Assignment of range improvements.
4120.3-6  Removal and compensation for loss of range improvements.
4120.3-7  Contributions.
4120.3-8  Range improvement fund.
4120.3-9  Water rights for the purpose of livestock grazing on public 
          lands.
4120.4  Special rules.
4120.5  Cooperation.
4120.5-1  Cooperation in management.
4120.5-2  Cooperation with State, county, and Federal agencies.

                  Subpart 4130--Authorizing Grazing Use

4130.1  Applications.
4130.1-1  Filing applications.
4130.1-2  Conflicting applications.
4130.2  Grazing permits or leases.
4130.3  Terms and conditions.
4130.3-1  Mandatory terms and conditions.
4130.3-2  Other terms and conditions.
4130.3-3  Modification of permits or leases.
4130.4  Approval of changes in grazing use within the terms and 
          conditions of permits and leases.
4130.5  Free-use grazing permits.
4130.6  Other grazing authorizations.
4130.6-1  Exchange-of-use grazing agreements.
4130.6-2  Nonrenewable grazing permits and leases.
4130.6-3  Crossing permits.
4130.6-4  Special grazing permits or leases.
4130.7  Ownership and identification of livestock.
4130.8  Fees.
4130.8-1  Payment of fees.
4130.8-2  Refunds.
4130.8-3  Service charge.
4130.9  Pledge of permits or leases as security for loans.

                      Subpart 4140--Prohibited Acts

4140.1  Acts prohibited on public lands.

                 Subpart 4150--Unauthorized Grazing Use

4150.1  Violations.
4150.2  Notice and order to remove.
4150.3  Settlement.
4150.4  Impoundment and disposal.
4150.4-1  Notice of intent to impound.
4150.4-2  Impoundment.
4150.4-3  Notice of public sale.
4150.4-4  Redemption.
4150.4-5  Sale.

[[Page 858]]

                  Subpart 4160--Administrative Remedies

4160.1  Proposed decisions.
4160.2  Protests.
4160.3  Final decisions.
4160.4  Appeals.

                         Subpart 4170--Penalties

4170.1  Civil penalties.
4170.1-1  Penalty for violations.
4170.1-2  Failure to use.
4170.2  Penal provisions.
4170.2-1  Penal provisions under the Taylor Grazing Act.
4170.2-2  Penal provisions under the Federal Land Policy and Management 
          Act.

    Subpart 4180--Fundamentals of Rangeland Health and Standards and 
                  Guidelines for Grazing Administration

4180.1  Fundamentals of rangeland health.
4180.2  Standards and guidelines for grazing administration.

    Authority:  43 U.S.C. 315, 315a-315r, 1181d, 1740.

    Source:  43 FR 29067, July 5, 1978, unless otherwise noted.



   Subpart 4100--Grazing Administration--Exclusive of Alaska; General



Sec. 4100.0-1  Purpose.

    The purpose is to provide uniform guidance for administration of 
grazing on the public lands exclusive of Alaska.
[49 FR 6449, Feb. 21, 1984]



Sec. 4100.0-2  Objectives.

    The objectives of these regulations are to promote healthy 
sustainable rangeland ecosystems; to accelerate restoration and 
improvement of public rangelands to properly functioning conditions; to 
promote the orderly use, improvement and development of the public 
lands; to establish efficient and effective administration of grazing of 
public rangelands; and to provide for the sustainability of the western 
livestock industry and communities that are dependent upon productive, 
healthy public rangelands. These objectives shall be realized in a 
manner that is consistent with land use plans, multiple use, sustained 
yield, environmental values, economic and other objectives stated in 43 
CFR part 1720, subpart 1725; the Taylor Grazing Act of June 28, 1934, as 
amended (43 U.S.C. 315, 315a-315r); section 102 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1740).
[60 FR 9960, Feb. 22, 1995]



Sec. 4100.0-3  Authority.

    (a) The Taylor Grazing Act of June 28, 1934 as amended (43 U.S.C. 
315, 315a through 315r);
    (b) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) as amended by the Public Rangelands Improvement Act of 
1978 (43 U.S.C. 1901 et seq.);
    (c) Executive orders transfer land acquired under the Bankhead-Jones 
Farm Tenant Act of July 22, 1937, as amended (7 U.S.C. 1012), to the 
Secretary and authorize administration under the Taylor Grazing Act.
    (d) Section 4 of the O&C Act of August 28, 1937 (43 U.S.C. 118(d));
    (e) The Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et 
seq.); and
    (f) Public land orders, Executive orders, and agreements authorize 
the Secretary to administer livestock grazing on specified lands under 
the Taylor Grazing Act or other authority as specified.
[43 FR 29067, July 5, 1978, as amended at 49 FR 6449, Feb. 21, 1984; 49 
FR 12704, Mar. 30, 1984; 50 FR 45827, Nov. 4, 1985; 61 FR 4227, Feb. 5, 
1996]



Sec. 4100.0-5  Definitions.

    Whenever used in this part, unless the context otherwise requires, 
the following definitions apply:
    The Act means the Taylor Grazing Act of June 28, 1934, as amended 
(43 U.S.C. 315, 315a-315r).
    Active use means the current authorized use, including livestock 
grazing and conservation use. Active use may constitute a portion, or 
all, of permitted use. Active use does not include temporary nonuse or 
suspended use of forage within all or a portion of an allotment.
    Activity plan means a plan for managing a resource use or value to 
achieve specific objectives. For example, an allotment management plan 
is an activity plan for managing livestock grazing use to improve or 
maintain rangeland conditions.

[[Page 859]]

    Actual use means where, how many, what kind or class of livestock, 
and how long livestock graze on an allotment, or on a portion or pasture 
of an allotment.
    Actual use report means a report of the actual livestock grazing use 
submitted by the permittee or lessee.
    Affiliate means an entity or person that controls, is controlled by, 
or is under common control with, an applicant, permittee or lessee. The 
term ``control'' means having any relationship which gives an entity or 
person authority directly or indirectly to determine the manner in which 
an applicant, permittee or lessee conducts grazing operations.
    Allotment means an area of land designated and managed for grazing 
of livestock.
    Allotment management plan (AMP) means a documented program developed 
as an activity plan, consistent with the definition at 43 U.S.C. 
1702(k), that focuses on, and contains the necessary instructions for, 
the management of livestock grazing on specified public lands to meet 
resource condition, sustained yield, multiple use, economic and other 
objectives.
    Animal unit month (AUM) means the amount of forage necessary for the 
sustenance of one cow or its equivalent for a period of 1 month.
    Annual rangelands means those designated areas in which livestock 
forage production is primarily attributable to annual plants and varies 
greatly from year to year.
    Authorized officer means any person authorized by the Secretary to 
administer regulations in this part.
    Base property means: (1) Land that has the capability to produce 
crops or forage that can be used to support authorized livestock for a 
specified period of the year, or (2) water that is suitable for 
consumption by livestock and is available and accessible, to the 
authorized livestock when the public lands are used for livestock 
grazing.
    Cancelled or cancellation means a permanent termination of a grazing 
permit or grazing lease and grazing preference, or free-use grazing 
permit or other grazing authorization, in whole or in part.
    Class of livestock means ages and/or sex groups of a kind of 
livestock.
    Conservation use means an activity, excluding livestock grazing, on 
all or a portion of an allotment for purposes of--
    (1) Protecting the land and its resources from destruction or 
unnecessary injury;
    (2) Improving rangeland conditions; or
    (3) Enhancing resource values, uses, or functions.
    Consultation, cooperation, and coordination means interaction for 
the purpose of obtaining advice, or exchanging opinions on issues, 
plans, or management actions.
    Control means being responsible for and providing care and 
management of base property and/or livestock.
    District means the specific area of public lands administered by a 
District Manager.
    Ephemeral rangelands means areas of the Hot Desert Biome (Region) 
that do not consistently produce enough forage to sustain a livestock 
operation but may briefly produce unusual volumes of forage to 
accommodate livestock grazing.
    Grazing district means the specific area within which the public 
lands are administered under section 3 of the Act. Public lands outside 
grazing district boundaries are administered under section 15 of the 
Act.
    Grazing fee year means the year, used for billing purposes, which 
begins on March 1, of a given year and ends on the last day of February 
of the following year.
    Grazing lease means a document authorizing use of the public lands 
outside an established grazing district. Grazing leases specify all 
authorized use including livestock grazing, suspended use, and 
conservation use. Leases specify the total number of AUMs apportioned, 
the area authorized for grazing use, or both.
    Grazing permit means a document authorizing use of the public lands 
within an established grazing district. Grazing permits specify all 
authorized use including livestock grazing, suspended use, and 
conservation use. Permits

[[Page 860]]

specify the total number of AUMs apportioned, the area authorized for 
grazing use, or both.
    Grazing preference or preference means a superior or priority 
position against others for the purpose of receiving a grazing permit or 
lease. This priority is attached to base property owned or controlled by 
the permittee or lessee.
    Interested public means an individual, group or organization that 
has submitted a written request to the authorized officer to be provided 
an opportunity to be involved in the decisionmaking process for the 
management of livestock grazing on specific grazing allotments or has 
submitted written comments to the authorized officer regarding the 
management of livestock grazing on a specific allotment.
    Land use plan means a resource management plan, developed under the 
provisions of 43 CFR part 1600, or a management framework plan. These 
plans are developed through public participation in accordance with the 
provisions of the Federal Land Policy and Management Act of 1976 (43 
U.S.C 1701 et seq.) and establish management direction for resource uses 
of public lands.
    Livestock or kind of livestock means species of domestic livestock--
cattle, sheep, horses, burros, and goats.
    Livestock carrying capacity means the maximum stocking rate possible 
without inducing damage to vegetation or related resources. It may vary 
from year to year on the same area due to fluctuating forage production.
    Monitoring means the periodic observation and orderly collection of 
data to evaluate:
    (1) Effects of management actions; and
    (2) Effectiveness of actions in meeting management objectives.
    Permitted use means the forage allocated by, or under the guidance 
of, an applicable land use plan for livestock grazing in an allotment 
under a permit or lease and is expressed in AUMs.
    Public lands means any land and interest in land outside of Alaska 
owned by the United States and administered by the Secretary of the 
Interior through the Bureau of Land Management, except lands held for 
the benefit of Indians.
    Range improvement means an authorized physical modification or 
treatment which is designed to improve production of forage; change 
vegetation composition; control patterns of use; provide water; 
stabilize soil and water conditions; restore, protect and improve the 
condition of rangeland ecosystems to benefit livestock, wild horses and 
burros, and fish and wildlife. The term includes, but is not limited to, 
structures, treatment projects, and use of mechanical devices or 
modifications achieved through mechanical means.
    Rangeland studies means any study methods accepted by the authorized 
officer for collecting data on actual use, utilization, climatic 
conditions, other special events, and trend to determine if management 
objectives are being met.
    Secretary means the Secretary of the Interior or his authorized 
officer.
    Service area means the area that can be properly grazed by livestock 
watering at a certain water.
    State Director means the State Director, Bureau of Land Management, 
or his or her authorized representative.
    Supplemental feed means a feed which supplements the forage 
available from the public lands and is provided to improve livestock 
nutrition or rangeland management.
    Suspension means the temporary withholding from active use, through 
a decision issued by the authorized officer or by agreement, of part or 
all of the permitted use in a grazing permit or lease.
    Temporary nonuse means the authorized withholding, on an annual 
basis, of all or a portion of permitted livestock use in response to a 
request of the permittee or lessee.
    Trend means the direction of change over time, either toward or away 
from desired management objectives.
    Unauthorized leasing and subleasing means--
    (1) The lease or sublease of a Federal grazing permit or lease, 
associated with the lease or sublease of base property, to another party 
without a required transfer approved by the authorized officer;
    (2) The lease or sublease of a Federal grazing permit or lease to 
another

[[Page 861]]

party without the assignment of the associated base property;
    (3) Allowing another party, other than sons and daughters of the 
grazing permittee or lessee meeting the requirements of Sec. 4130.7(f), 
to graze on public lands livestock that are not owned or controlled by 
the permittee or lessee; or
    (4) Allowing another party, other than sons and daughters of the 
grazing permittee or lessee meeting the requirements of Sec. 4130.7(f), 
to graze livestock on public lands under a pasturing agreement without 
the approval of the authorized officer.
    Utilization means the portion of forage that has been consumed by 
livestock, wild horses and burros, wildlife and insects during a 
specified period. The term is also used to refer to the pattern of such 
use.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5788, Jan. 19, 1981; 53 
FR 10232, Mar. 29, 1988; 60 FR 9961, Feb. 22, 1995]



Sec. 4100.0-7  Cross reference.

    The regulations at part 1600 of this chapter govern the development 
of land use plans; the regulations at part 1780, subpart 1784 of this 
chapter govern advisory committees; and the regulations at subparts B 
and E of part 4 of this title govern appeals and hearings.
[60 FR 9962, Feb. 22, 1995]



Sec. 4100.0-8  Land use plans.

    The authorized officer shall manage livestock grazing on public 
lands under the principle of multiple use and sustained yield, and in 
accordance with applicable land use plans. Land use plans shall 
establish allowable resource uses (either singly or in combination), 
related levels of production or use to be maintained, areas of use, and 
resource condition goals and objectives to be obtained. The plans also 
set forth program constraints and general management practices needed to 
achieve management objectives. Livestock grazing activities and 
management actions approved by the authorized officer shall be in 
conformance with the land use plan as defined at 43 CFR 1601.0-5(b).
[53 FR 10233, Mar. 29, 1988]



Sec. 4100.0-9  Information collection.

    (a) The information collection requirements contained in Group 4100 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance numbers 1004-0005, 1004-0019, 
1004-0020, 1004-0041, 1004-0047, 1004-0051, and 1004-0068. The 
information would be collected to permit the authorized officer to 
determine whether an application to utilize public lands for grazing or 
other purposes should be approved. Response is required to obtain a 
benefit.
    (b) Public reporting burden for the information collections are as 
follows: Clearance number 1004-0005 is estimated to average 0.33 hours 
per response, clearance number 1004-0019 is estimated to average 0.33 
hours per response, clearance number 1004-0020 is estimated to average 
0.33 hours per response, clearance number 1004-0041 is estimated to 
average 0.25 hours per response, clearance number 1004-0047 is estimated 
to average 0.25 hours per response, clearance number 1004-0051 is 
estimated to average 0.3 hours per response, and clearance number 1004-
0068 is estimated to average 0.17 hours per response, including the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of these collections of information, including 
suggestions for reducing the burden to the Information Collection 
Clearance Officer (873), Bureau of Land Management, Washington, DC 
20240, and the Office of Management and Budget, Paperwork Reduction 
Project, 1004-0005, -0019, -0020, -0041, -0047, -0051, or -0068, 
Washington, DC 20503.
[60 FR 9962, Feb. 22, 1995]



               Subpart 4110--Qualifications and Preference



Sec. 4110.1  Mandatory qualifications.

    (a) Except as provided under Secs. 4110.1-1, 4130.5, and 4130.6-3, 
to qualify for

[[Page 862]]

grazing use on the public lands an applicant must own or control land or 
water base property, and must be:
    (1) A citizen of the United States or have properly filed a valid 
declaration of intention to become a citizen or a valid petition for 
naturalization; or
    (2) A group or association authorized to conduct business in the 
State in which the grazing use is sought, all members of which are 
qualified under paragraph (a) of this section; or
    (3) A corporation authorized to conduct business in the State in 
which the grazing use is sought.
    (b) Applicants for the renewal or issuance of new permits and leases 
and any affiliates must be determined by the authorized officer to have 
a satisfactory record of performance.
    (1) Renewal of permit or lease. (i) The applicant for renewal of a 
grazing permit or lease, and any affiliate, shall be deemed to have a 
satisfactory record of performance if the authorized officer determines 
the applicant and affiliates to be in substantial compliance with the 
terms and conditions of the existing Federal grazing permit or lease for 
which renewal is sought, and with the rules and regulations applicable 
to the permit or lease.
    (ii) The authorized officer may take into consideration 
circumstances beyond the control of the applicant or affiliate in 
determining whether the applicant and affiliates are in substantial 
compliance with permit or lease terms and conditions and applicable 
rules and regulations.
    (2) New permit or lease. Applicants for new permits or leases, and 
any affiliates, shall be deemed not to have a record of satisfactory 
performance when--
    (i) The applicant or affiliate has had any Federal grazing permit or 
lease cancelled for violation of the permit or lease within the 36 
calendar months immediately preceding the date of application; or
    (ii) The applicant or affiliate has had any State grazing permit or 
lease, for lands within the grazing allotment for which a Federal permit 
or lease is sought, cancelled for violation of the permit or lease 
within the 36 calendar months immediately preceding the date of 
application; or
    (iii) The applicant or affiliate is barred from holding a Federal 
grazing permit or lease by order of a court of competent jurisdiction.
    (c) In determining whether affiliation exists, the authorized 
officer shall consider all appropriate factors, including, but not 
limited to, common ownership, common management, identity of interests 
among family members, and contractual relationships.
    (d) Applicants shall submit an application and any other relevant 
information requested by the authorized officer in order to determine 
that all qualifications have been met.
[43 FR 29067, July 5, 1978, as amended at 49 FR 6450, Feb. 21, 1984; 60 
FR 9962, Feb. 22, 1995]



Sec. 4110.1-1  Acquired lands.

    Where lands have been acquired by the Bureau of Land Management 
through purchase, exchange, Act of Congress or Executive Order, and an 
agreement or the terms of the act or Executive Order provide that the 
Bureau of Land Management shall honor existing grazing permits or 
leases, such permits or leases are governed by the terms and conditions 
in effect at the time of acquisition by the Bureau of Land Management, 
and are not subject to the requirements of Sec. 4110.1.
[60 FR 9962, Feb. 22, 1995]



Sec. 4110.2  Grazing preference.



Sec. 4110.2-1  Base property.

    (a) The authorized officer shall find land or water owned or 
controlled by an applicant to be base property (see Sec. 4100.0-5) if:
    (1) It is capable of serving as a base of operation for livestock 
use of public lands within a grazing district; or
    (2) It is contiguous land, or, when no applicant owns or controls 
contiguous land, noncontiguous land that is capable of being used in 
conjunction with a livestock operation which would utilize public lands 
outside a grazing district.
    (b) After appropriate consultation, cooperation, and coordination, 
the authorized officer shall specify the length of time for which land 
base property shall be capable of supporting authorized livestock during 
the year, relative

[[Page 863]]

to the multiple use management objective of the public lands.
    (c) An applicant shall provide a legal description, or plat, of the 
base property and shall certify to the authorized officer that this base 
property meets the requirements under paragraphs (a) and (b) of this 
section. A permittee's or lessee's interest in water previously 
recognized as base property on public land shall be deemed sufficient in 
meeting the requirement that the applicant control base property. Where 
such waters become unusable and are replaced by newly constructed or 
reconstructed water developments that are the subject of a range 
improvement permit or cooperative range improvement agreement, the 
permittee's or lessee's interest in the replacement water shall be 
deemed sufficient in meeting the requirement that the applicant control 
base property.
    (d) If a permittee or lessee loses ownership or control of all or 
part of his/her base property, the permit or lease, to the extent it was 
based upon such lost property, shall terminate immediately without 
further notice from the authorized officer. However, if, prior to losing 
ownership or control of the base property, the permittee or lessee 
requests, in writing, that the permit or lease be extended to the end of 
the grazing season or grazing year, the termination date may be extended 
as determined by the authorized officer after consultation with the new 
owner. When a permit or lease terminates because of a loss of ownership 
or control of a base property, the grazing preference shall remain with 
the base property and be available through application and transfer 
procedures at 43 CFR 4110.2-3, to the new owner or person in control of 
that base property.
    (e) Applicants who own or control base property contiguous to or 
cornering upon public land outside a grazing district where such public 
land consists of an isolated or disconnected tract embracing 760 acres 
or less shall, for a period of 90 days after the tract has been offered 
for lease, have a preference right to lease the whole tract.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5788, Jan. 19, 1981; 49 
FR 6450, Feb. 21, 1984; 53 FR 10233, Mar. 29, 1988; 60 FR 9962, Feb. 22, 
1995]



Sec. 4110.2-2  Specifying permitted use.

    (a) Permitted use is granted to holders of grazing preference and 
shall be specified in all grazing permits and leases. Permitted use 
shall encompass all authorized use including livestock use, any 
suspended use, and conservation use, except for permits and leases for 
designated ephemeral rangelands where livestock use is authorized based 
upon forage availability, or designated annual rangelands. Permitted 
livestock use shall be based upon the amount of forage available for 
livestock grazing as established in the land use plan, activity plan, or 
decision of the authorized officer under Sec. 4110.3-3, except, in the 
case of designated ephemeral or annual rangelands, a land use plan or 
activity plan may alternatively prescribe vegetation standards to be met 
in the use of such rangelands.
    (b) The permitted use specified shall attach to the base property 
supporting the grazing permit or grazing lease.
    (c) The animal unit months of permitted use attached to:
    (1) The acreage of land base property on a pro rata basis, or
    (2) Water base property on the basis of livestock forage production 
within the service area of the water.
[53 FR 10233, Mar. 29, 1988, as amended at 60 FR 9963, Feb. 22, 1995; 61 
FR 4227, Feb. 5, 1996]



Sec. 4110.2-3  Transfer of grazing preference.

    (a) Transfers of grazing preference in whole or in part are subject 
to the following requirements:
    (1) The transferee shall meet all qualifications and requirements of 
Secs. 4110.1, 4110.2-1, and 4110.2-2.
    (2) The transfer applications under paragraphs (b) and (c) of this 
section shall evidence assignment of interest and obligation in range 
improvements authorized on public lands under Sec. 4120.3 and maintained 
in conjunction with the transferred preference (see Sec. 4120.3-5). The 
terms and conditions of the cooperative range improvement agreements and 
range improvement permits are binding on the transferee.
    (3) The transferee shall accept the terms and conditions of the 
terminating grazing permit or lease (see Sec. 4130.2)

[[Page 864]]

with such modifications as he may request which are approved by the 
authorized officer or with such modifications as may be required by the 
authorized officer.
    (4) The transferee shall file an application for a grazing permit or 
lease to the extent of the transferred preference simultaneously with 
filing a transfer application under paragraph (b) or (c) of this 
section.
    (b) If base property is sold or leased, the transferee shall within 
90 days of the date of sale or lease file with the authorized officer a 
properly executed transfer application showing the base property and the 
amount of permitted use being transferred in animal unit months.
    (c) If a grazing preference is being transferred from one base 
property to another base property, the transferor shall own or control 
the base property from which the grazing preference is being transferred 
and file with the authorized officer a properly completed transfer 
application for approval. If the applicant leases the base property, no 
transfer will be allowed without the written consent of the owner(s), 
and any person or entity holding an encumbrance of the base property 
from which the transfer is to be made. Such consent will not be required 
where the applicant for such transfer is a lessee without whose 
livestock operations the grazing preference would not have been 
established.
    (d) At the date of approval of a transfer, the existing grazing 
permit or lease shall terminate automatically and without notice to the 
extent of the transfer.
    (e) If an unqualified transferee acquires rights in base property 
through operation of law or testamentary disposition, such transfer will 
not affect the grazing preference or any outstanding grazing permit or 
lease, or preclude the issuance or renewal of a grazing permit or lease 
based on such property for a period of 2 years after the transfer. 
However, such a transferee shall qualify under paragraph (a) of this 
section within the 2-year period or the grazing preference shall be 
subject to cancellation. The authorized officer may grant extensions of 
the 2-year period where there are delays solely attributable to probate 
proceedings.
    (f) Transfers shall be for a period of not less than 3 years unless 
a shorter term is determined by the authorized officer to be consistent 
with management and resource condition objectives.
    (g) Failure of either the transferee or the transferor to comply 
with the regulations of this section may result in rejection of the 
transfer application or cancellation of grazing preference.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5788, Jan. 19, 1981; 47 
FR 41709, Sept. 21, 1982; 49 FR 6450, Feb. 21, 1984; 53 FR 10233, Mar. 
29, 1988; 60 FR 9963, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996]



Sec. 4110.2-4  Allotments.

    After consultation, cooperation, and coordination with the affected 
grazing permittees or lessees, the State having lands or responsible for 
managing resources within the area, and the interested public, the 
authorized officer may designate and adjust grazing allotment 
boundaries. The authorized officer may combine or divide allotments, 
through an agreement or by decision, when necessary for the proper and 
efficient management of public rangelands.
[60 FR 9963, Feb. 22, 1995]



Sec. 4110.3  Changes in permitted use.

    The authorized officer shall periodically review the permitted use 
specified in a grazing permit or lease and shall make changes in the 
permitted use as needed to manage, maintain or improve rangeland 
productivity, to assist in restoring ecosystems to properly functioning 
condition, to conform with land use plans or activity plans, or to 
comply with the provisions of subpart 4180 of this part. These changes 
must be supported by monitoring, field observations, ecological site 
inventory or other data acceptable to the authorized officer.
[60 FR 9963, Feb. 22, 1995]



Sec. 4110.3-1  Increasing permitted use.

    Additional forage may be apportioned to qualified applicants for 
livestock grazing use consistent with multiple-use management 
objectives.

[[Page 865]]

    (a) Additional forage temporarily available for livestock grazing 
use may be apportioned on a nonrenewable basis.
    (b) Additional forage available on a sustained yield basis for 
livestock grazing use shall first be apportioned in satisfaction of 
suspended permitted use to the permittee(s) or lessee(s) authorized to 
graze in the allotment in which the forage is available.
    (c) After consultation, cooperation, and coordination with the 
affected permittees or lessees, the State having lands or managing 
resources within the area, and the interested public, additional forage 
on a sustained yield basis available for livestock grazing use in an 
allotment may be apportioned to permittees or lessees or other 
applicants, provided the permittee, lessee, or other applicant is found 
to be qualified under subpart 4110 of this part. Additional forage shall 
be apportioned in the following priority:
    (1) Permittees or lessees in proportion to their contribution or 
stewardship efforts which result in increased forage production;
    (2) Permittee(s) or lessee(s) in proportion to the amount of their 
permitted use; and
    (3) Other qualified applicants under Sec. 4130.1-2 of this title.
[53 FR 10233, Mar. 29, 1988, as amended at 60 FR 9963, Feb. 22, 1995]



Sec. 4110.3-2  Decreasing permitted use.

    (a) Permitted use may be suspended in whole or in part on a 
temporary basis due to drought, fire, or other natural causes, or to 
facilitate installation, maintenance, or modification of range 
improvements.
    (b) When monitoring or field observations show grazing use or 
patterns of use are not consistent with the provisions of subpart 4180, 
or grazing use is otherwise causing an unacceptable level or pattern of 
utilization, or when use exceeds the livestock carrying capacity as 
determined through monitoring, ecological site inventory or other 
acceptable methods, the authorized officer shall reduce permitted 
grazing use or otherwise modify management practices.
[53 FR 10234, Mar. 29, 1988, as amended at 60 FR 9963, Feb. 22, 1995]



Sec. 4110.3-3  Implementing reductions in permitted use.

    (a) After consultation, cooperation, and coordination with the 
affected permittee or lessee, the State having lands or managing 
resources within the area, and the interested public, reductions of 
permitted use shall be implemented through a documented agreement or by 
decision of the authorized officer. Decisions implementing Sec. 4110.3-2 
shall be issued as proposed decisions pursuant to Sec. 4160.1, except as 
provided in paragraph (b) of this section.
    (b) When the authorized officer determines that the soil, 
vegetation, or other resources on the public lands require immediate 
protection because of conditions such as drought, fire, flood, insect 
infestation, or when continued grazing use poses an imminent likelihood 
of significant resource damage, after consultation with, or a reasonable 
attempt to consult with, affected permittees or lessees, the interested 
public, and the State having lands or responsible for managing resources 
within the area, the authorized officer shall close allotments or 
portions of allotments to grazing by any kind of livestock or modify 
authorized grazing use notwithstanding the provisions of paragraph (a) 
of this section. Notices of closure and decisions requiring modification 
of authorized grazing use may be issued as final decisions effective 
upon issuance or on the date specified in the decision. Such decisions 
shall remain in effect pending the decision on appeal unless a stay is 
granted by the Office of Hearings and Appeals in accordance with 43 CFR 
4.21.
[60 FR 9963, Feb. 22, 1995]



Sec. 4110.4  Changes in public land acreage.



Sec. 4110.4-1  Additional land acreage.

    When lands outside designated allotments become available for 
livestock grazing under the administration of the Bureau of Land 
Management, the forage available for livestock shall be

[[Page 866]]

made available to qualified applicants at the discretion of the 
authorized officer. Grazing use shall be apportioned under Sec. 4130.1-2 
of this title.
[53 FR 10234, Mar. 29, 1988]



Sec. 4110.4-2  Decrease in land acreage.

    (a) Where there is a decrease in public land acreage available for 
livestock grazing within an allotment:
    (1) Grazing permits or leases may be cancelled or modified as 
appropriate to reflect the changed area of use.
    (2) Permitted use may be cancelled in whole or in part. 
Cancellations determined by the authorized officer to be necessary to 
protect the public lands will be apportioned by the authorized officer 
based upon the level of available forage and the magnitude of the change 
in public land acreage available, or as agreed to among the authorized 
users and the authorized officer.
    (b) When public lands are disposed of or devoted to a public purpose 
which precludes livestock grazing, the permittees and lessees shall be 
given 2 years' prior notification except in cases of emergency (national 
defense requirements in time of war, natural disasters, national 
emergency needs, etc.) before their grazing permit or grazing lease and 
grazing preference may be canceled. A permittee or lessee may 
unconditionally waive the 2-year prior notification. Such a waiver shall 
not prejudice the permittee's or lessee's right to reasonable 
compensation for, but not to exceed the fair market value of his or her 
interest in authorized permanent range improvements located on these 
public lands (see Sec. 4120.3-6).
[43 FR 29067, July 5, 1978, as amended at 49 FR 6451, Feb. 21, 1984; 49 
FR 12704, Mar. 30, 1984; 54 FR 31485, July 28, 1989; 60 FR 9963, Feb. 
22, 1995]



Sec. 4110.5  Interest of Member of Congress.

    Title 18 U.S.C. 431 through 433 (1970) generally prohibits a Member 
of or Delegate to Congress from entering into any contract or agreement 
with the United States. Title 41 U.S.C. 22 (1970) generally provides 
that in every contract or agreement to be made or entered into, or 
accepted by or on behalf of the United States, there shall be inserted 
an express condition that no Member of or Delegate to Congress shall be 
admitted to any share or part of such contract or agreement, or to any 
benefit to arise thereupon. The provisions of these laws are 
incorporated herein by reference and apply to all permits, leases, and 
agreements issued under these regulations.
[43 FR 29067, July 5, 1978. Redesignated at 49 FR 6451, Feb. 21, 1984]



                    Subpart 4120--Grazing Management



Sec. 4120.1  [Reserved]



Sec. 4120.2  Allotment management plans and resource activity plans.

    Allotment management plans or other activity plans intended to serve 
as the functional equivalent of allotment management plans may be 
developed by permittees or lessees, other Federal or State resource 
management agencies, interested citizens, and the Bureau of Land 
Management. When such plans affecting the administration of grazing 
allotments are developed, the following provisions apply:
    (a) An allotment management plan or other activity plans intended to 
serve as the functional equivalent of allotment management plans shall 
be prepared in careful and considered consultation, cooperation, and 
coordination with affected permittees or lessees, landowners involved, 
the resource advisory council, any State having lands or responsible for 
managing resources within the area to be covered by such a plan, and the 
interested public. The plan shall become effective upon approval by the 
authorized officer. The plans shall--
    (1) Include terms and conditions under Secs. 4130.3, 4130.3-1, 
4130.3-2 4130.3-3, and subpart 4180 of this part;
    (2) Prescribe the livestock grazing practices necessary to meet 
specific resource objectives;
    (3) Specify the limits of flexibility, to be determined and granted 
on the basis of the operator's demonstrated stewardship, within which 
the permittee(s) or lessee(s) may adjust operations without prior 
approval of the authorized officer; and
    (4) Provide for monitoring to evaluate the effectiveness of 
management

[[Page 867]]

actions in achieving the specific resource objectives of the plan.
    (b) Private and State lands may be included in allotment management 
plans or other activity plans intended to serve as the functional 
equivalent of allotment management plans dealing with rangeland 
management with the consent or at the request of the parties who own or 
control those lands.
    (c) The authorized officer shall provide opportunity for public 
participation in the planning and environmental analysis of proposed 
plans affecting the administration of grazing and shall give public 
notice concerning the availability of environmental documents prepared 
as a part of the development of such plans, prior to implementing the 
plans. The decision document following the environmental analysis shall 
be considered the proposed decision for the purposes of subpart 4160 of 
this part.
    (d) A requirement to conform with completed allotment management 
plans or other applicable activity plans intended to serve as the 
functional equivalent of allotment management plans shall be 
incorporated into the terms and conditions of the grazing permit or 
lease for the allotment.
    (e) Allotment management plans or other applicable activity plans 
intended to serve as the functional equivalent of allotment management 
plans may be revised or terminated by the authorized officer after 
consultation, cooperation, and coordination with the affected permittees 
or lessees, landowners involved, the resource advisory council, any 
State having lands or responsible for managing resources within the area 
to be covered by the plan, and the interested public.
[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996]



Sec. 4120.3  Range improvements.



Sec. 4120.3-1  Conditions for range improvements.

    (a) Range improvements shall be installed, used, maintained, and/or 
modified on the public lands, or removed from these lands, in a manner 
consistent with multiple-use management.
    (b) Prior to installing, using, maintaining, and/or modifying range 
improvements on the public lands, permittees or lessees shall have 
entered into a cooperative range improvement agreement with the Bureau 
of Land Management or must have an approved range improvement permit.
    (c) The authorized officer may require a permittee or lessee to 
maintain and/or modify range improvements on the public lands under 
Sec. 4130.3-2 of this title.
    (d) The authorized officer may require a permittee or lessee to 
install range improvements on the public lands in an allotment with two 
or more permittees or lessees and/or to meet the terms and conditions of 
agreement.
    (e) A range improvement permit or cooperative range improvement 
agreement does not convey to the permittee or cooperator any right, 
title, or interest in any lands or resources held by the United States.
    (f) Proposed range improvement projects shall be reviewed in 
accordance with the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4371 et seq.). The decision document following 
the environmental analysis shall be considered the proposed decision 
under subpart 4160 of this part.
[49 FR 6452, Feb. 21, 1984, as amended at 60 FR 9964, Feb. 22, 1995; 61 
FR 4227, Feb. 5, 1996]



Sec. 4120.3-2  Cooperative range improvement agreements.

    (a) The Bureau of Land Management may enter into a cooperative range 
improvement agreement with a person, organization, or other government 
entity for the installation, use, maintenance, and/or modification of 
permanent range improvements or rangeland developments to achieve 
management or resource condition objectives. The cooperative range 
improvement agreement shall specify how the costs or labor, or both, 
shall be divided between the United States and cooperator(s).
    (b) Subject to valid existing rights, title to permanent range 
improvements such as fences, wells, and pipelines where authorization is 
granted after August 21, 1995 shall be in the name of the United States. 
The authorization for all new permanent water developments such as 
spring developments, wells, reservoirs, stock tanks,

[[Page 868]]

and pipelines shall be through cooperative range improvement agreements. 
A permittee's or lessee's interest in contributed funds, labor, and 
materials will be documented by the Bureau of Land Management to ensure 
proper credit for the purposes of Secs. 4120.3-5 and 4120.3-6(c).
    (c) The United States shall have title to nonstructural range 
improvements such as seeding, spraying, and chaining.
    (d) Range improvement work performed by a cooperator or permittee on 
the public lands or lands administered by the Bureau of Land Management 
does not confer the exclusive right to use the improvement or the land 
affected by the range improvement work.
[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996]



Sec. 4120.3-3  Range improvement permits.

    (a) Any permittee or lessee may apply for a range improvement permit 
to install, use, maintain, and/or modify removable range improvements 
that are needed to achieve management objectives for the allotment in 
which the permit or lease is held. The permittee or lessee shall agree 
to provide full funding for construction, installation, modification, or 
maintenance. Such range improvement permits are issued at the discretion 
of the authorized officer.
    (b) The permittee or lessee may hold the title to authorized 
removable range improvements used as livestock handling facilities such 
as corrals, creep feeders, and loading chutes, and to temporary 
structural improvements such as troughs for hauled water.
    (c) Where a permittee or lessee cannot make use of the forage 
available for livestock and an application for temporary nonuse or 
conservation use has been denied or the opportunity to make use of the 
available forage is requested by the authorized officer, the permittee 
or lessee shall cooperate with the temporary authorized use of forage by 
another operator, when it is authorized by the authorized officer 
following consultation with the preference permittee(s) or lessee(s).
    (1) A permittee or lessee shall be reasonably compensated for the 
use and maintenance of improvements and facilities by the operator who 
has an authorization for temporary grazing use.
    (2) The authorized officer may mediate disputes about reasonable 
compensation and, following consultation with the interested parties, 
make a determination concerning the fair and reasonable share of 
operation and maintenance expenses and compensation for use of 
authorized improvements and facilities.
    (3) Where a settlement cannot be reached, the authorized officer 
shall issue a temporary grazing authorization including appropriate 
terms and conditions and the requirement to compensate the preference 
permittee or lessee for the fair share of operation and maintenance as 
determined by the authorized officer under subpart 4160 of this part.
[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 60 
FR 9964, Feb. 22, 1995]



Sec. 4120.3-4  Standards, design and stipulations.

    Range improvement permits and cooperative range improvement 
agreements shall specify the standards, design, construction and 
maintenance criteria for the range improvements and other additional 
conditions and stipulations or modifications deemed necessary by the 
authorized officer.
[49 FR 6452, Feb. 21, 1984, as amended at 61 FR 4227, Feb. 5, 1996]



Sec. 4120.3-5  Assignment of range improvements.

    The authorized officer shall not approve the transfer of a grazing 
preference under Sec. 4110.2-3 of this title or approve use by the 
transferee of existing range improvements, unless the transferee has 
agreed to compensate the transferor for his/her interest in the 
authorized improvements within the allotment as of the date of the 
transfer.
[53 FR 10234, Mar. 29, 1988]



Sec. 4120.3-6  Removal and compensation for loss of range improvements.

    (a) Range improvements shall not be removed from the public lands 
without authorization.

[[Page 869]]

    (b) The authorized officer may require permittees or lessees to 
remove range improvements which they own on the public lands if these 
improvements are no longer helping to achieve land use plan or allotment 
goals and objectives or if they fail to meet the criteria under 
Sec. 4120.3-4 of this title.
    (c) Whenever a grazing permit or lease is cancelled in order to 
devote the public lands covered by the permit or lease to another public 
purpose, including disposal, the permittee or lessee shall receive from 
the United States reasonable compensation for the adjusted value of 
their interest in authorized permanent improvements placed or 
constructed by the permittee or lessee on the public lands covered by 
the cancelled permit or lease. The adjusted value is to be determined by 
the authorized officer. Compensation shall not exceed the fair market 
value of the terminated portion of the permittee's or lessee's interest 
therein. Where a range improvement is authorized by a range improvement 
permit, the livestock operator may elect to salvage materials and 
perform rehabilitation measures rather than be compensated for the 
adjusted value.
    (d) Permittees or lessees shall be allowed 180 days from the date of 
cancellation of a range improvement permit or cooperative range 
improvement agreement to salvage material owned by them and perform 
rehabilitation measures necessitated by the removal.
[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 61 
FR 4227, Feb. 5, 1996]



Sec. 4120.3-7  Contributions.

    The authorized officer may accept contributions of labor, material, 
equipment, or money for administration, protection, and improvement of 
the public lands necessary to achieve the objectives of this part.
[49 FR 6452, Feb. 21, 1984]



Sec. 4120.3-8  Range improvement fund.

    (a) In addition to range developments accomplished through other 
resource management funds, authorized range improvements may be secured 
through the use of the appropriated range improvement fund. One-half of 
the available funds shall be expended in the State and district from 
which they were derived. The remaining one-half of the fund shall be 
allocated, on a priority basis, by the Secretary for on-the-ground 
rehabilitation, protection and improvement of public rangeland 
ecosystems.
    (b) Funds appropriated for range improvements are to be used for 
investment in all forms of improvements that benefit rangeland resources 
including riparian area rehabilitation, improvement and protection, fish 
and wildlife habitat improvement or protection, soil and water resource 
improvement, wild horse and burro habitat management facilities, 
vegetation improvement and management, and livestock grazing management. 
The funds may be used for activities associated with on-the-ground 
improvements including the planning, design, layout, contracting, 
modification, maintenance for whith the Bureau of Land Management is 
responsible, and monitoring and evaluating the effectiveness of specific 
range improvement projects.
    (c) During the planning of the range development or range 
improvement programs, the authorized officer shall consult the resource 
advisory council, affected permittees, lessees, and members of the 
interested public.
[60 FR 9965, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996]



Sec. 4120.3-9  Water rights for the purpose of livestock grazing on public lands.

    Any right acquired on or after August 21, 1995 to use water on 
public land for the purpose of livestock watering on public land shall 
be acquired, perfected, maintained and administered under the 
substantive and procedural laws of the State within which such land is 
located. To the extent allowed by the law of the State within which the 
land is located, any such water right shall be acquired, perfected, 
maintained, and administered in the name of the United States.
[60 FR 9965, Feb. 22, 1995]



Sec. 4120.4  Special rules.

    (a) When a State Director determines that local conditions require a 
special

[[Page 870]]

rule to achieve improved administration consistent with the objectives 
of this part, the Director may approve such rules. The rules shall be 
subject to public review and comment, as appropriate, and upon approval, 
shall become effective when published in the Federal Register as final 
rules. Special rules shall be published in a local newspaper.
    (b) Where the Bureau of Land Management administers the grazing use 
of other Federal Agency lands, the terms of an appropriate Memorandum of 
Understanding or Cooperative Agreement shall apply.
[49 FR 6452, Feb. 21, 1984]



Sec. 4120.5  Cooperation.



Sec. 4120.5-1  Cooperation in management.

    The authorized officer shall, to the extent appropriate, cooperate 
with Federal, State, Indian tribal and local governmental entities, 
institutions, organizations, corporations, associations, and individuals 
to achieve the objectives of this part.
[60 FR 9965, Feb. 22, 1995]



Sec. 4120.5-2  Cooperation with State, county, and Federal agencies.

    Insofar as the programs and responsibilities of other agencies and 
units of government involve grazing upon the public lands and other 
lands administered by the Bureau of Land Management, or the livestock 
which graze thereon, the Bureau of Land Management will cooperate, to 
the extent consistent with applicable laws of the United States, with 
the involved agencies and government entities. The authorized officer 
shall cooperate with State, county, and Federal agencies in the 
administration of laws and regulations relating to livestock, livestock 
diseases, sanitation, and noxious weeds including--
    (a) State cattle and sheep sanitary or brand boards in control of 
stray and unbranded livestock, to the extent such cooperation does not 
conflict with the Wild Free-Roaming Horse and Burro Act of 1971 (16 
U.S.C. 1331 et seq.); and
    (b) County or other local weed control districts in analyzing 
noxious weed problems and developing control programs for areas of the 
public lands and other lands administered by the Bureau of Land 
Management.
[60 FR 9965, Feb. 22, 1995]



                  Subpart 4130--Authorizing Grazing Use



Sec. 4130.1  Applications.



Sec. 4130.1-1  Filing applications.

    Applications for grazing permits or leases (active use and nonuse), 
free-use grazing permits and other grazing authorizations shall be filed 
with the authorized officer at the local Bureau of Land Management 
office having jurisdiction over the public lands involved.
[43 FR 29067, July 5, 1978, as amended at 49 FR 6453, Feb. 21, 1984. 
Redesignated at 60 FR 9965, Feb. 22, 1995]



Sec. 4130.1-2  Conflicting applications.

    When more than one qualified applicant applies for livestock grazing 
use of the same public lands and/or where additional forage for 
livestock or additional acreage becomes available, the authorized 
officer may authorize grazing use of such land or forage on the basis of 
Sec. 4110.3-1 of this title or on the basis of any of the following 
factors:
    (a) Historical use of the public lands (see Sec. 4130.2(e));
    (b) Proper use of rangeland resources;
    (c) General needs of the applicant's livestock operations;
    (d) Public ingress or egress across privately owned or controlled 
land to public lands;
    (e) Topography;
    (f) Other land use requirements unique to the situation.
    (g) Demonstrated stewardship by the applicant to improve or maintain 
and protect the rangeland ecosystem; and
    (h) The applicant's and affiliate's history of compliance with the 
terms and conditions of grazing permits and leases of the Bureau of Land 
Management and any other Federal or State agency, including any record 
of suspensions or cancellations of grazing use for

[[Page 871]]

violations of terms and conditions of agency grazing rules.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 53 
FR 10234, Mar. 29, 1988; 60 FR 9965, Feb. 22, 1995; 61 FR 4227, Feb. 5, 
1996]



Sec. 4130.2  Grazing permits or leases.

    (a) Grazing permits or leases shall be issued to qualified 
applicants to authorize use on the public lands and other lands under 
the administration of the Bureau of Land Management that are designated 
as available for livestock grazing through land use plans. Permits or 
leases shall specify the types and levels of use authorized, including 
livestock grazing, suspended use, and conservation use. These grazing 
permits and leases shall also specify terms and conditions pursuant to 
Secs. 4130.3, 4130.3-1, and 4130.3-2.
    (b) The authorized officer shall consult, cooperate and coordinate 
with affected permittees or lessees, the State having lands or 
responsible for managing resources within the area, and the interested 
public prior to the issuance or renewal of grazing permits and leases.
    (c) Grazing permits or leases convey no right, title, or interest 
held by the United States in any lands or resources.
    (d) The term of grazing permits or leases authorizing livestock 
grazing on the public lands and other lands under the administration of 
the Bureau of Land Management shall be 10 years unless--
    (1) The land is being considered for disposal;
    (2) The land will be devoted to a public purpose which precludes 
grazing prior to the end of 10 years;
    (3) The term of the base property lease is less than 10 years, in 
which case the term of the Federal permit or lease shall coincide with 
the term of the base property lease; or
    (4) The authorized officer determines that a permit or lease for 
less than 10 years is in the best interest of sound land management.
    (e) Permittees or lessees holding expiring grazing permits or leases 
shall be given first priority for new permits or leases if:
    (1) The lands for which the permit or lease is issued remain 
available for domestic livestock grazing;
    (2) The permittee or lessee is in compliance with the rules and 
regulations and the terms and conditions in the permit or lease;
    (3) The permittee or lessee accepts the terms and conditions to be 
included by the authorized officer in the new permit or lease.
    (f) The authorized officer will not offer, grant or renew grazing 
permits or leases when the applicants, including permittees or lessees 
seeking renewal, refuse to accept the proposed terms and conditions of a 
permit or lease.
    (g) Temporary nonuse and conservation use may be approved by the 
authorized officer if such use is determined to be in conformance with 
the applicable land use plans, allotment management plan or other 
activity plans and the provisions of subpart 4180 of this part.
    (1) Conservation use may be approved for periods of up to 10 years 
when, in the determination of the authorized officer, the proposed use 
will promote rangeland resource protection or enhancement of resource 
values or uses, including more rapid progress toward resource condition 
objectives; or
    (2) Temporary nonuse for reasons including but not limited to 
financial conditions or annual fluctuations of livestock, may be 
approved on an annual basis for no more than 3 consecutive years. 
Permittees or lessees applying for temporary nonuse shall state the 
reasons supporting nonuse.
    (h) Application for nonrenewable grazing permits and leases under 
Secs. 4110.3-1 and 4130.6-2 for areas for which conservation use has 
been authorized will not be approved. Forage made available as a result 
of temporary nonuse may be made available to qualified applicants under 
Sec. 4130.6-2.
    (i) Permits or leases may incorporate the percentage of public land 
livestock use (see Sec. 4130.3-2) or may include private land offered 
under exchange-of-use grazing agreements (see Sec. 4130.6-1).
    (j) Provisions explaining how grazing permits or authorizations may 
be granted for grazing use on state, county or private land leased by 
the Bureau

[[Page 872]]

of Land Management under ``The Pierce Act'' and located within grazing 
districts are explained in 43 CFR part 4600.
[43 FR 29067, July 5, 1978, as amended at 47 FR 41711, Sept. 21, 1982; 
49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984; 53 FR 10234, Mar. 
29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9965, Feb. 22, 1995; 61 FR 
29031, June 7, 1996; 61 FR 4227, Feb. 5, 1996]



Sec. 4130.3  Terms and conditions.

    Livestock grazing permits and leases shall contain terms and 
conditions determined by the authorized officer to be appropriate to 
achieve management and resource condition objectives for the public 
lands and other lands administered by the Bureau of Land Management, and 
to ensure conformance with the provisions of subpart 4180 of this part.
[60 FR 9966, Feb. 22, 1995]



Sec. 4130.3-1  Mandatory terms and conditions.

    (a) The authorized officer shall specify the kind and number of 
livestock, the period(s) of use, the allotment(s) to be used, and the 
amount of use, in animal unit months, for every grazing permit or lease. 
The authorized livestock grazing use shall not exceed the livestock 
carrying capacity of the allotment.
    (b) All permits and leases shall be made subject to cancellation, 
suspension, or modification for any violation of these regulations or of 
any term or condition of the permit or lease.
    (c) Permits and leases shall incorporate terms and conditions that 
ensure conformance with subpart 4180 of this part.
[49 FR 6453, Feb. 21, 1984, as amended at 53 FR 10234, Mar. 29, 1988. 
Redesignated at 60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9966, 
Feb. 22, 1995]



Sec. 4130.3-2  Other terms and conditions.

    The authorized officer may specify in grazing permits or leases 
other terms and conditions which will assist in achieving management 
objectives, provide for proper range management or assist in the orderly 
administration of the public rangelands. These may include but are not 
limited to:
    (a) The class of livestock that will graze on an allotment;
    (b) The breed of livestock in allotments within which two or more 
permittees or lessees are authorized to graze;
    (c) Authorization to use, and directions for placement of 
supplemental feed, including salt, for improved livestock and rangeland 
management on the public lands;
    (d) A requirement that permittees or lessees operating under a 
grazing permit or lease submit within 15 days after completing their 
annual grazing use, or as otherwise specified in the permit or lease, 
the actual use made;
    (e) The kinds of indigenous animals authorized to graze under 
specific terms and conditions;
    (f) Provision for livestock grazing temporarily to be delayed, 
discontinued or modified to allow for the reproduction, establishment, 
or restoration of vigor of plants, provide for the improvement of 
riparian areas to achieve proper functioning condition or for the 
protection of other rangeland resources and values consistent with 
objectives of applicable land use plans, or to prevent compaction of wet 
soils, such as where delay of spring turnout is required because of 
weather conditions or lack of plant growth;
    (g) The percentage of public land use determined by the proportion 
of livestock forage available on public lands within the allotment 
compared to the total amount available from both public lands and those 
owned or controlled by the permittee or lessee; and
    (h) A statement disclosing the requirement that permittees or 
lessees shall provide reasonable administrative access across private 
and leased lands to the Bureau of Land Management for the orderly 
management and protection of the public lands.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984. Redesignated at 
60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9966, Feb. 22, 1995]



Sec. 4130.3-3  Modification of permits or leases.

    Following consultation, cooperation, and coordination with the 
affected lessees or permittees, the State having

[[Page 873]]

lands or responsible for managing resources within the area, and the 
interested public, the authorized officer may modify terms and 
conditions of the permit or lease when the active use or related 
management practices are not meeting the land use plan, allotment 
management plan or other activity plan, or management objectives, or is 
not in conformance with the provisions of subpart 4180 of this part. To 
the extent practical, the authorized officer shall provide to affected 
permittees or lessees, States having lands or responsibility for 
managing resources within the affected area, and the interested public 
an opportunity to review, comment and give input during the preparation 
of reports that evaluate monitoring and other data that are used as a 
basis for making decisions to increase or decrease grazing use, or to 
change the terms and conditions of a permit or lease.
[60 FR 9966, Feb. 22, 1995]



Sec. 4130.4  Approval of changes in grazing use within the terms and conditions of permits and leases.

    (a) Applications for changes in grazing use should be filed with the 
authorized officer before the billing notices for the affected grazing 
use have been issued. Applications for changes in grazing use filed 
after the billing notices for the affected grazing use have been issued 
and which require the issuance of a replacement or supplemental billing 
notice shall be subject to a service charge under Sec. 4130.8-3 of this 
title.
    (b) Changes in grazing use within the terms and conditions of the 
permit or lease may be granted by the authorized officer. Permittees and 
lessees may apply to activate forage in temporary nonuse or conservation 
use or to place forage in temporary nonuse or conservation use, and may 
apply for the use of forage that is temporarily available on designated 
ephemeral or annual ranges.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984. Redesignated at 
60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9966, Feb. 22, 1995; 61 
FR 4227, Feb. 5, 1996]



Sec. 4130.5  Free-use grazing permits.

    (a) A free-use grazing permit shall be issued to any applicant whose 
residence is adjacent to public lands within grazing districts and who 
needs these public lands to support those domestic livestock owned by 
the applicant whose products or work are used directly and exclusively 
by the applicant and his family. The issuance of free-use grazing 
permits is subject to Sec. 4130.1-2. These permits shall be issued on an 
annual basis. These permits cannot be transferred or assigned.
    (b) The authorized officer may also authorize free use under the 
following circumstances:
    (1) The primary objective of authorized grazing use or conservation 
use is the management of vegetation to meet resource objectives other 
than the production of livestock forage and such use is in conformance 
with the requirements of this part;
    (2) The primary purpose of grazing use is for scientific research or 
administrative studies; or
    (3) The primary purpose of grazing use is the control of noxious 
weeds.
[43 FR 29067, July 5, 1978, as amended at 49 FR 6453, Mar. 30, 1984. 
Redesignated at 60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9966, 
Feb. 22, 1995]



Sec. 4130.6  Other grazing authorizations.

    Exchange-of-use grazing agreements, nonrenewable grazing permits or 
leases, crossing permits, and special grazing permits or leases have no 
priority for renewal and cannot be transferred or assigned.
[43 FR 29067, July 5, 1978, as amended at 47 FR 41711, Sept. 21, 1982. 
Redesignated at 60 FR 9965, Feb. 22, 1995]



Sec. 4130.6-1  Exchange-of-use grazing agreements.

    (a) An exchange-of-use grazing agreement may be issued to an 
applicant who owns or controls lands that are unfenced and intermingled 
with public lands in the same allotment when use under such an agreement 
will be in harmony with the management objectives for the allotment and 
will be compatible with the existing livestock operations. The 
agreements shall contain appropriate terms and conditions required under 
Sec. 4130.3 that ensure the orderly administration of the range, 
including fair and equitable sharing of the operation and maintenance of

[[Page 874]]

range improvements. The term of an exchange-of-use agreement may not 
exceed the length of the term for any leased lands that are offered in 
exchange-of-use.
    (b) An exchange-of-use grazing agreement may be issued to authorize 
use of public lands to the extent of the livestock carrying capacity of 
the lands offered in exchange-of-use. No fee shall be charged for this 
grazing use.
[45 FR 47105, July 11, 1980, as amended at 49 FR 6453, Feb. 21, 1984; 53 
FR 10234, Mar. 29, 1988. Redesignated at 60 FR 9965, Feb. 22, 1995, and 
amended at 60 FR 9967, Feb. 22, 1995]



Sec. 4130.6-2  Nonrenewable grazing permits and leases.

    Nonrenewable grazing permits or leases may be issued on an annual 
basis to qualified applicants when forage is temporarily available, 
provided this use is consistent with multiple-use objectives and does 
not interfere with existing livestock operations on the public lands. 
The authorized officer shall consult, cooperate and coordinate with 
affected permittees or lessees, the State having lands or responsible 
for managing resources within the area, and the interested public prior 
to the issuance of nonrenewable grazing permits and leases.
[47 FR 41711, Sept. 21, 1982. Redesignated at 60 FR 9965, Feb. 22, 1995, 
and amended at 60 FR 9967, Feb. 22, 1995]



Sec. 4130.6-3  Crossing permits.

    A crossing permit may be issued by the authorized officer to any 
applicant showing a need to cross the public land or other land under 
Bureau of Land Management control, or both, with livestock for proper 
and lawful purposes. A temporary use authorization for trailing 
livestock shall contain terms and conditions for the temporary grazing 
use that will occur as deemed necessary by the authorized officer to 
achieve the objectives of this part.
[60 FR 9967, Feb. 22, 1995]



Sec. 4130.6-4  Special grazing permits or leases.

    Special grazing permits or leases authorizing grazing use by 
privately owned or controlled indigenous animals may be issued at the 
discretion of the authorized officer. This use shall be consistent with 
multiple-use objectives. These permits or leases shall be issued for a 
term deemed appropriate by the authorized officer not to exceed 10 
years.
[43 FR 29067, July 5, 1978, as amended at 47 FR 41711, Sept. 21, 1982. 
Redesignated at 60 FR 9965, Feb. 22, 1995]



Sec. 4130.7  Ownership and identification of livestock.

    (a) The permittee or lessee shall own or control and be responsible 
for the management of the livestock which graze the public land under a 
grazing permit or lease.
    (b) Authorized users shall comply with the requirements of the State 
in which the public lands are located relating to branding of livestock, 
breed, grade, and number of bulls, health and sanitation.
    (c) The authorized officer may require counting and/or additional 
special marking or tagging of the authorized livestock in order to 
promote the orderly administration of the public lands.
    (d) Except as provided in paragraph (f) of this section, where a 
permittee or lessee controls but does not own the livestock which graze 
the public lands, the agreement that gives the permittee or lessee 
control of the livestock by the permittee or lessee shall be filed with 
the authorized officer and approval received prior to any grazing use. 
The document shall describe the livestock and livestock numbers, 
identify the owner of the livestock, contain the terms for the care and 
management of the livestock, specify the duration of the agreement, and 
shall be signed by the parties to the agreement.
    (e) The brand and other identifying marks on livestock controlled, 
but not owned, by the permittee or lessee shall be filed with the 
authorized officer.
    (f) Livestock owned by sons and daughters of grazing permittees and 
lessees may graze public lands included within the permit or lease of 
their parents when all the following conditions exist:
    (1) The sons and daughters are participating in educational or youth 
programs related to animal husbandry, agribusiness or rangeland 
management,

[[Page 875]]

or are actively involved in the family ranching operation and are 
establishing a livestock herd with the intent of assuming part or all of 
the family ranch operation.
    (2) The livestock owned by the sons and daughters to be grazed on 
public lands do not comprise greater than 50 percent of the total number 
authorized to occupy public lands under their parent's permit or lease.
    (3) The brands or other markings of livestock that are owned by sons 
and daughters are recorded on the parent's permit, lease, or grazing 
application.
    (4) Use by livestock owned by sons and daughters, when considered in 
addition to use by livestock owned or controlled by the permittee or 
lessee, does not exceed authorized livestock use and is consistent with 
other terms and conditions of the permit or lease.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 50 
FR 45827, Nov. 4, 1985. Redesignated at 60 FR 9965, Feb. 22, 1995, and 
amended at 60 FR 9967, Feb. 22, 1995]



Sec. 4130.8  Fees.



Sec. 4130.8-1  Payment of fees.

    (a) Grazing fees shall be established annually by the Secretary.
    (1) Except as provided in paragraphs (a)(2) and (a)(3) of this 
section, the calculated fee or grazing fee shall be equal to the $1.23 
base established by the 1966 Western Livestock Grazing Survey multiplied 
by the result of the Forage Value Index (computed annually from data 
supplied by the National Agricultural Statistics Service) added to the 
Combined Index (Beef Cattle Price Index minus the Prices Paid Index) and 
divided by 100; as follows:
[GRAPHIC] [TIFF OMITTED] TC13NO91.013

CF=Calculated Fee (grazing fee) is the estimated economic value of 
livestock grazing, defined by the Congress as fair market value (FMV) of 
the forage;
$1.23=The base economic value of grazing on public rangeland established 
by the 1966 Western Livestock Grazing Survey;
FVI=Forage Value Index means the weighted average estimate of the annual 
rental charge per head per month for pasturing cattle on private 
rangelands in the 11 Western States (Montana, Idaho, Wyoming, Colorado, 
New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California) 
(computed by the National Agricultural Statistics Service from the June 
Enumerative Survey) divided by $3.65 and multiplied by 100;
BCPI=Beef Cattle Price Index means the weighted average annual selling 
price for beef cattle (excluding calves) in the 11 Western States 
(Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, 
Washington, Oregon, and California) for November through October 
(computed by the National Agricultural Statistics Service divided by 
$22.04 per hundred weight and multiplied by 100; and
PPI=Prices Paid Index means the following selected components from the 
National Agricultural Statistics Service's Annual National Index of 
Prices Paid by Farmers for Goods and Services adjusted by the weights 
indicated in parentheses to reflect livestock production costs in the 
Western States: 1. Fuels and Energy (14.5); 2. Farm and Motor Supplies 
(12.0); 3. Autos and Trucks (4.5); 4. Tractors and Self-Propelled 
Machinery (4.5); 5. Other Machinery (12.0); 6. Building and Fencing 
Materials (14.5); 7. Interest (6.0); 8. Farm Wage Rates (14.0); 9. Farm 
Services (18.0).

    (2) Any annual increase or decrease in the grazing fee for any given 
year shall be limited to not more than plus or minus 25 percent of the 
previous year's fee.
    (3) The grazing fee for any year shall not be less than $1.35 per 
animal unit month.
    (b) Fees shall be charged for livestock grazing upon or crossing the 
public lands and other lands administered by the Bureau of Land 
Management at a specified rate per animal unit month.
    (c) Except as provided in Sec. 4130.5, the full fee shall be charged 
for each animal unit month of authorized grazing use. For the purposes 
of calculating the fee, an animal unit month is defined as a month's use 
and occupancy of range by 1 cow, bull, steer, heifer, horse, burro, 
mule, 5 sheep, or 5 goats, over the age of 6 months at the time of 
entering the public lands or other lands administered by the Bureau of 
Land Management; by any such weaned animals regardless of age; and by 
such animals that will become 12 months of age during the authorized 
period of use. No charge shall be made for animals under 6 months of 
age, at the time of entering public lands or other lands administered by 
the Bureau of Land

[[Page 876]]

 Management, that are the natural progeny of animals upon which fees are 
paid, provided they will not become 12 months of age during the 
authorized period of use, nor for progeny born during that period. In 
calculating the billing the grazing fee is prorated on a daily basis and 
charges are rounded to reflect the nearest whole number of animal unit 
months.
    (d) A surcharge shall be added to the grazing fee billings for 
authorized grazing of livestock owned by persons other than the 
permittee or lessee except where such use is made by livestock owned by 
sons and daughters of permittees and lessees as provided in 
Sec. 4130.7(f). The surcharge shall be over and above any other fees 
that may be charged for using public land forage. Surcharges shall be 
paid prior to grazing use. The surcharge for authorized pasturing of 
livestock owned by persons other than the permittee or lessee will be 
equal to 35 percent of the difference between the current year's Federal 
grazing fee and the prior year's private grazing land lease rate per 
animal unit month for the appropriate State as determined by the 
National Agricultural Statistics Service.
    (e) Fees are due on due date specified on the grazing fee bill. 
Payment will be made prior to grazing use. Grazing use that occurs prior 
to payment of a bill, except where specified in an allotment management 
plan, is unauthorized and may be dealt with under subparts 4150 and 4170 
of this part. If allotment management plans provide for billing after 
the grazing season, fees will be based on actual grazing use and will be 
due upon issuance. Repeated delays in payment of actual use billings or 
noncompliance with the terms and conditions of the allotment management 
plan and permit or lease shall be cause to revoke provisions for after-
the-grazing-season billing.
    (f) Failure to pay the grazing bill within 15 days of the due date 
specified in the bill shall result in a late fee assessment of $25.00 or 
10 percent of the grazing bill, whichever is greater, but not to exceed 
$250.00. Payment made later than 15 days after the due date, shall 
include the appropriate late fee assessment. Failure to make payment 
within 30 days may be a violation of Sec. 4140.1(b)(1) and shall result 
in action by the authorized officer under Secs. 4150.1 and 4160.1-2.
[49 FR 6454, Feb. 21, 1984, as amended at 53 FR 2993, Feb. 2, 1988; 53 
FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988. Redesignated at 60 
FR 9965, Feb. 22, 1995, and amended at 60 FR 9967, Feb. 22, 1995; 61 FR 
4227, Feb. 5, 1996]



Sec. 4130.8-2  Refunds.

    (a) Grazing fees may be refunded where applications for change in 
grazing use and related refund are filed prior to the period of use for 
which the refund is requested.
    (b) No refunds shall be made for failure to make grazing use, except 
during periods of range depletion due to drought, fire, or other natural 
causes, or in case of a general spread of disease among the livestock 
that occurs during the term of a permit or lease. During these periods 
of range depletion the authorized officer may credit or refund fees in 
whole or in part, or postpone fee payment for as long as the emergency 
exists.
[49 FR 6454, Feb. 21, 1984; 49 FR 12705, Mar. 30, 1984. Redesignated at 
60 FR 9965, Feb. 22, 1995]



Sec. 4130.8-3  Service charge.

    A service charge may be assessed for each crossing permit, transfer 
of grazing preference, application solely for nonuse or conservation 
use, and each replacement or supplemental billing notice except for 
actions initiated by the authorized officer. Pursuant to section 304(a) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1734(a)), calculation of the Bureau service charge assessed shall 
reflect processing costs and shall be adjusted periodically as costs 
change. Notice of changes shall be published periodically in the Federal 
Register.

[[Page 877]]

[49 FR 6454, Feb. 21, 1984; 49 FR 12705, Mar. 30, 1984. Redesignated at 
60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9967, Feb. 22, 1995]



Sec. 4130.9  Pledge of permits or leases as security for loans.

    Grazing permits or leases that have been pledged as security for 
loans from lending agencies shall be renewed by the authorized officer 
under the provisions of these regulations for a period of not to exceed 
10 years if the loan is for the purpose of furthering the permittee's or 
lessee's livestock operation, Provided, That the permittee or lessee has 
complied with the rules and regulations of this part and that such 
renewal will be in accordance with other applicable laws and 
regulations. While grazing permits or leases may be pledged as security 
for loans from lending agencies, this does not exempt these permits or 
leases from the provisions of these regulations.
[43 FR 29067, July 5, 1978. Redesignated at 49 FR 6454, Feb. 21, 1984. 
Further redesignated at 60 FR 9965, Feb. 22, 1995]



                      Subpart 4140--Prohibited Acts



Sec. 4140.1  Acts prohibited on public lands.

    The following acts are prohibited on public lands and other lands 
administered by the Bureau of Land Management:
    (a) Grazing permittees or lessees performing the following 
prohibited acts may be subject to civil penalties under Sec. 4170.1:
    (1) Violating special terms and conditions incorporated in permits 
or leases;
    (2) Failing to make substantial grazing use as authorized for 2 
consecutive fee years, but not including approved temporary nonuse, 
conservation use, or use temporarily suspended by the authorized 
officer.
    (3) Placing supplemental feed on these lands without authorization.
    (4) Failing to comply with the terms, conditions, and stipulations 
of cooperative range improvement agreements or range improvement 
permits;
    (5) Refusing to install, maintain, modify, or remove range 
improvements when so directed by the authorized officer.
    (6) Unauthorized leasing or subleasing as defined in this part.
    (b) Persons performing the following prohibited acts related to 
rangelands shall be subject to civil and criminal penalties set forth at 
Secs. 4170.1 and 4170.2:
    (1) Allowing livestock or other privately owned or controlled 
animals to graze on or be driven across these lands:
    (i) Without a permit or lease, and an annual grazing authorization. 
For the purposes of this paragraph, grazing bills for which payment has 
not been received do not constitute grazing authorization.
    (ii) In violation of the terms and conditions of a permit, lease, or 
other grazing use authorization including, but not limited to, livestock 
in excess of the number authorized;
    (iii) In an area or at a time different from that authorized; or
    (iv) Failing to comply with a requirement under Sec. 4130.7(c) of 
this title.
    (2) Installing, using, maintaining, modifying, and/or removing range 
improvements without authorization;
    (3) Cutting, burning, spraying, destroying, or removing vegetation 
without authorization;
    (4) Damaging or removing U.S. property without authorization;
    (5) Molesting, harassing, injuring, poisoning, or causing death of 
livestock authorized to graze on these lands and removing authorized 
livestock without the owner's consent;
    (6) Littering;
    (7) Interfering with lawful uses or users including obstructing free 
transit through or over public lands by force, threat, intimidation, 
signs, barrier or locked gates;
    (8) Knowingly or willfully making a false statement or 
representation in base property certifications, grazing applications, 
range improvement permit applications, cooperative range improvement 
agreements, actual use reports and/or amendments thereto;
    (9) Failing to pay any fee required by the authorized officer 
pursuant to this part, or making payment for grazing use of public lands 
with insufficiently funded checks on a repeated and willful basis;
    (10) Failing to reclaim and repair any lands, property, or resources 
when required by the authorized officer;

[[Page 878]]

    (11) Failing to reclose any gate or other entry during periods of 
livestock use.
    (c) Performance of an act listed in paragraphs (c)(1), (c)(2) or 
(c)(3) of this section where public land administered by the Bureau of 
Land Management is involved or affected, the violation is related to 
grazing use authorized by a permit or lease issued by the Bureau of Land 
Management, and the permittee or lessee has been convicted or otherwise 
found to be in violation of any of these laws or regulations by a court 
or by final determination of an agency charged with the administration 
of these laws or regulations, and no further appeals are outstanding, 
constitutes a prohibited act that may be subject to the civil penalties 
set forth at Sec. 4170.1-1.
    (1) Violation of Federal or State laws or regulations pertaining to 
the:
    (i) Placement of poisonous bait or hazardous devices designed for 
the destruction of wildlife;
    (ii) Application or storage of pesticides, herbicides, or other 
hazardous materials;
    (iii) Alteration or destruction of natural stream courses without 
authorization;
    (iv) Pollution of water sources;
    (v) Illegal take, destruction or harassment, or aiding and abetting 
in the illegal take, destruction or harassment of fish and wildlife 
resources; and
    (vi) Illegal removal or destruction of archeological or cultural 
resources;
    (2) Violation of the Bald Eagle Protection Act (16 U.S.C. 668 et 
seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), or any provision 
of part 4700 of this chapter concerning the protection and management of 
wild free-roaming horses and burros; or
    (3) Violation of State livestock laws or regulations relating to the 
branding of livestock; breed, grade, and number of bulls; health and 
sanitation requirements; and violating State, county, or local laws 
regarding the stray of livestock from permitted public land grazing 
areas onto areas that have been formally closed to open range grazing.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5790, Jan. 19, 1981; 47 
FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 50 FR 45827, Nov. 
4, 1985; 53 FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988; 60 FR 
9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996]



                 Subpart 4150--Unauthorized Grazing Use



Sec. 4150.1  Violations.

    Violation of Sec. 4140.1(b)(1) constitutes unauthorized grazing use.
    (a) The authorized officer shall determine whether a violation is 
nonwillful, willful, or repeated willful.
    (b) Violators shall be liable in damages to the United States for 
the forage consumed by their livestock, for injury to Federal property 
caused by their unauthorized grazing use, and for expenses incurred in 
impoundment and disposal of their livestock, and may be subject to civil 
penalties or criminal sanction for such unlawful acts.
[43 FR 29067, July 5, 1978, as amended at 47 FR 41712, Sept. 21, 1982; 
60 FR 9968, Feb. 22, 1995]



Sec. 4150.2  Notice and order to remove.

    (a) Whenever it appears that a violation exists and the owner of the 
unauthorized livestock is known, written notice of unauthorized use and 
order to remove livestock by a specified date shall be served upon the 
alleged violator or the agent of record, or both, by certified mail or 
personal delivery. The written notice shall also allow a specified time 
from receipt of notice for the alleged violator to show that there has 
been no violation or to make settlement under Sec. 4150.3.
    (b) Whenever a violation has been determined to be nonwillful and 
incidental, the authorized officer shall notify the alleged violator 
that the violation must be corrected, and how it can be settled, based 
upon the discretion of the authorized officer.
    (c) When neither the owner of the unauthorized livestock nor his 
agent is

[[Page 879]]

known, the authorized officer may proceed to impound the livestock under 
Sec. 4150.4.
    (d) The authorized officer may temporarily close areas to grazing by 
specified kinds or class of livestock for a period not to exceed 12 
months when necessary to abate unauthorized grazing use. Such notices of 
closure may be issued as final decisions effective upon issuance or on 
the date specified in the decision and shall remain in effect pending 
the decision on appeal unless a stay is granted by the Office of 
Hearings and Appeals in accordance with 43 CFR 4.21.
[43 FR 29067, July 5, 1978, as amended at 47 FR 41712, Sept. 21, 1982; 
49 FR 6454, Feb. 21, 1984; 60 FR 9968, Feb. 22, 1995]



Sec. 4150.3  Settlement.

    Where violations are repeated willful, the authorized officer shall 
take action under Sec. 4170.1-1(b) of this title. The amount due for 
settlement shall include the value of forage consumed as determined in 
accordance with paragraph (a), (b), or (c) of this section. Settlement 
for willful and repeated willful violations shall also include the full 
value for all damages to the public lands and other property of the 
United States; and all reasonable expenses incurred by the United States 
in detecting, investigating, resolving violations, and livestock 
impoundment costs.
    (a) For nonwillful violations: The value of forage consumed as 
determined by the average monthly rate per AUM for pasturing livestock 
on privately owned land (excluding irrigated land) in each State as 
published annually by the Department of Agriculture. The authorized 
officer may approve nonmonetary settlement of unauthorized use only when 
the authorized officer determines that each of the following conditions 
is satisfied:
    (1) Evidence shows that the unauthorized use occurred through no 
fault of the livestock operator;
    (2) The forage use is insignificant;
    (3) The public lands have not been damaged; and
    (4) Nonmonetary settlement is in the best interest of the United 
States.
    (b) For willful violations: Twice the value of forage consumed as 
determined in paragraph (a) of this section.
    (c) For repeated willful violations: Three times the value of the 
forage consumed as determined in paragraph (a) of this section.
    (d) Payment made under this section does not relieve the alleged 
violator of any criminal liability under Federal or State law.
    (e) Violators shall not be authorized to make grazing use on the 
public lands administered by the Bureau of Land Management until any 
amount found to be due the United States under this section has been 
paid. The authorized officer may take action under Sec. 4160-1 of this 
title to cancel or suspend grazing authorizations or to deny approval of 
applications for grazing use until such amounts have been paid. The 
proposed decision shall include a demand for payment.
[49 FR 6454, Feb. 21, 1984, as amended at 53 FR 10235, Mar. 29, 1988; 60 
FR 9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996]



Sec. 4150.4  Impoundment and disposal.

    Unauthorized livestock remaining on the public lands or other lands 
under Bureau of Land Management control, or both, after the date set 
forth in the notice and order to remove sent under Sec. 4150.2 may be 
impounded and disposed of by the authorized officer as provided herein.
[43 FR 29067, July 5, 1978. Redesignated at 47 FR 41712, Sept. 21, 1982]



Sec. 4150.4-1  Notice of intent to impound.

    (a) A written notice of intent to impound shall be sent by certified 
mail or personally delivered to the owner or his agent, or both. The 
written notice shall indicate that unauthorized livestock on the 
specified public lands or other lands under Bureau of Land Management 
control, or both, may be impounded any time after 5 days from delivery 
of the notice.
    (b) Where the owner and his agent are unknown, or where both a known 
owner and his agent refuses to accept delivery, a notice of intent to 
impound shall be published in a local newspaper and posted at the county 
courthouse and a post office near the public land involved. The notice 
shall indicate that unauthorized livestock on the specified

[[Page 880]]

 public lands or other lands under Bureau of Land Management control, or 
both, may be impounded any time after 5 days from publishing and posting 
the notice.
[43 FR 29067, July 5, 1978. Redesignated and amended at 47 FR 41712, 
Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984]



Sec. 4150.4-2  Impoundment.

    After 5 days from delivery of the notice under Sec. 4150.4-1(a) of 
this title or any time after 5 days from publishing and posting the 
notice under Sec. 4150.4-1(b) of this title, unauthorized livestock may 
be impounded without further notice any time within the 12-month period 
following the effective date of the notice.
[47 FR 41712, Sept. 21, 1982, as amended at 49 FR 6454, Feb. 21, 1984; 
49 FR 12705, Mar. 30, 1984]



Sec. 4150.4-3  Notice of public sale.

    Following the impoundment of livestock under this subpart the 
livestock may be disposed of by the authorized officer under these 
regulations or, if a suitable agreement is in effect, they may be turned 
over to the State for disposal. Any known owners or agents, or both, 
shall be notified in writing by certified mail or by personal delivery 
of the sale and the procedure by which the impounded livestock may be 
redeemed prior to the sale.
[43 FR 29067, July 5, 1982. Redesignated and amended at 47 FR 41712, 
Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984]



Sec. 4150.4-4  Redemption.

    Any owner or his agent, or both, or lien-holder of record of the 
impounded livestock may redeem them under these regulations or, if a 
suitable agreement is in effect, in accordance with State law, prior to 
the time of sale upon settlement with the United States under 
Sec. 4150.3 or adequate showing that there has been no violation.
[43 FR 29067, July 5, 1978. Redesignated at 47 FR 41712, Sept. 21, 1982]



Sec. 4150.4-5  Sale.

    If the livestock are not redeemed on or before the date and time 
fixed for their sale, they shall be offered at public sale to the 
highest bidder by the authorized officer under these regulations or, if 
a suitable agreement is in effect, by the State. If a satisfactory bid 
is not received, the livestock may be reoffered for sale, condemned and 
destroyed or otherwise disposed of under these regulations, or if a 
suitable agreement is in effect, in accordance with State Law.
[43 FR 29067, July 5, 1978. Redesignated and amended at 47 FR 41712, 
Sept. 21, 1982]



                  Subpart 4160--Administrative Remedies



Sec. 4160.1  Proposed decisions.

    (a) Proposed decisions shall be served on any affected applicant, 
permittee or lessee, and any agent and lien holder of record, who is 
affected by the proposed actions, terms or conditions, or modifications 
relating to applications, permits and agreements (including range 
improvement permits) or leases, by certified mail or personal delivery. 
Copies of proposed decisions shall also be sent to the interested 
public.
    (b) Proposed decisions shall state the reasons for the action and 
shall reference the pertinent terms, conditions and the provisions of 
applicable regulations. As appropriate, decisions shall state the 
alleged violations of specific terms and conditions and provisions of 
these regulations alleged to have been violated, and shall state the 
amount due under Secs. 4130.8 and 4150.3 and the action to be taken 
under Sec. 4170.1.
    (c) The authorized officer may elect not to issue a proposed 
decision prior to a final decision where the authorized officer has made 
a determination in accordance with Sec. 4110.3-3(b) or Sec. 4150.2(d).
[60 FR 9968, Feb. 22, 1995]



Sec. 4160.2  Protests.

    Any applicant, permittee, lessee or other interested public may 
protest the proposed decision under Sec. 4160.1 of this title in person 
or in writing to the authorized officer within 15 days after receipt of 
such decision.
[47 FR 41713, Sept. 21, 1982, as amended at 49 FR 6455, Feb. 21, 1984; 
61 FR 4227, Feb. 5, 1996]

[[Page 881]]



Sec. 4160.3  Final decisions.

    (a) In the absence of a protest, the proposed decision will become 
the final decision of the authorized officer without further notice 
unless otherwise provided in the proposed decision.
    (b) Upon the timely filing of a protest, the authorized officer 
shall reconsider her/his proposed decision in light of the protestant's 
statement of reasons for protest and in light of other information 
pertinent to the case. At the conclusion to her/his review of the 
protest, the authorized officer shall serve her/his final decision on 
the protestant or her/his agent, or both, and the interested public.
    (c) A period of 30 days following receipt of the final decision, or 
30 days after the date the proposed decision becomes final as provided 
in paragraph (a) of this section, is provided for filing an appeal and 
petition for stay of the decision pending final determination on appeal. 
A decision will not be effective during the 30-day appeal period, except 
as provided in paragraph (f) of this section. See Secs. 4.21 and 4.470 
of this title for general provisions of the appeal and stay processes.
    (d) When the Office of Hearings and Appeals stays a final decision 
of the authorized officer regarding an application for grazing 
authorization, an applicant who was granted grazing use in the preceding 
year may continue at that level of authorized grazing use during the 
time the decision is stayed, except where grazing use in the preceding 
year was authorized on a temporary basis under Sec. 4110.3-1(a). Where 
an applicant had no authorized grazing use during the previous year, or 
the application is for designated ephemeral or annual rangeland grazing 
use, the authorized grazing use shall be consistent with the final 
decision pending the Office of Hearings and Appeals final determination 
on the appeal.
    (e) When the Office of Hearings and Appeals stays a final decision 
of the authorized officer to change the authorized grazing use, the 
grazing use authorized to the permittee or lessee during the time that 
the decision is stayed shall not exceed the permittee's or lessee's 
authorized use in the last year during which any use was authorized.
    (f) Notwithstanding the provisions of Sec. 4.21(a) of this title 
pertaining to the period during which a final decision will not be in 
effect, the authorized officer may provide that the final decision shall 
be effective upon issuance or on a date established in the decision and 
shall remain in effect pending the decision on appeal unless a stay is 
granted by the Office of Hearings and Appeals when the authorized 
officer has made a determination in accordance with Sec. 4110.3-3(b) or 
Sec. 4150.2(d). Nothing in this section shall affect the authority of 
the Director of the Office of Hearings and Appeals or the Interior Board 
of Land Appeals to place decisions in full force and effect as provided 
in Sec. 4.21(a)(1) of this title.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5791, Jan. 19, 1981; 47 
FR 41713, Sept. 21, 1982; 47 FR 46702, Oct. 20, 1982; 49 FR 6455, Feb. 
21, 1984; 49 FR 12705, Mar. 30, 1984; 60 FR 9969, Feb. 22, 1995; 61 FR 
4227, Feb. 5, 1996]



Sec. 4160.4  Appeals.

    Any person whose interest is adversely affected by a final decision 
of the authorized officer may appeal the decision for the purpose of a 
hearing before an administrative law judge by following the requirements 
set out in Sec. 4.470 of this title. As stated in that part, the appeal 
must be filed within 30 days after receipt of the final decision or 
within 30 days after the date the proposed decision becomes final as 
provided in Sec. 4160.3(a). Appeals and petitions for a stay of the 
decision shall be filed at the office of the authorized officer. The 
authorized officer shall promptly transmit the appeal and petition for 
stay and the accompanying administrative record to ensure their timely 
arrival at the Office of Hearings and Appeals.
[60 FR 9969, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996]



                         Subpart 4170--Penalties



Sec. 4170.1  Civil penalties.



Sec. 4170.1-1  Penalty for violations.

    (a) The authorized officer may withhold issuance of a grazing permit 
or lease, or suspend the grazing use authorized under a grazing permit 
or lease, in whole or in part, or cancel a

[[Page 882]]

 grazing permit or lease and grazing preference, or a free use grazing 
permit or other grazing authorization, in whole or in part, under 
subpart 4160 of this title, for violation by a permittee or lessee of 
any of the provisions of this part.
    (b) The authorized officer shall suspend the grazing use authorized 
under a grazing permit, in whole or in part, or shall cancel a grazing 
permit or lease and grazing preference, in whole or in part, under 
subpart 4160 of this title for repeated willful violation by a permittee 
or lessee of Sec. 4140.1(b)(1) of this title.
    (c) Whenever a nonpermittee or nonlessee violates Sec. 4140.1(b) of 
this title and has not made satisfactory settlement under Sec. 4150.3 of 
this title the authorized officer shall refer the matter to proper 
authorities for appropriate legal action by the United States against 
the violator.
    (d) Any person found to have violated the provisions of 
Sec. 4140.1(a)(6) after August 21, 1995, shall be required to pay twice 
the value of forage consumed as determined by the average monthly rate 
per AUM for pasturing livestock on privately owned land (excluding 
irrigated land) in each State as supplied annually by the National 
Agricultural Statistics Service, and all reasonable expenses incurred by 
the United States in detecting, investigating, and resolving violations. 
If the dollar equivalent value is not received by the authorized officer 
within 30 days of receipt of the final decision, the grazing permit or 
lease shall be cancelled. Such payment shall be in addition to any other 
penalties the authorized officer may impose under paragraph (a) of this 
section.
[46 FR 5792, Jan. 19, 1981, as amended at 50 FR 45827, Nov. 4, 1985; 60 
FR 9969, Feb. 22, 1995]



Sec. 4170.1-2  Failure to use.

    If a permittee or lessee has, for 2 consecutive grazing fee years, 
failed to make substantial use as authorized in the lease or permit, or 
has failed to maintain or use water base property in the grazing 
operation, the authorized officer, after consultation, coordination, and 
cooperation with the permittee or lessee and any lienholder of record, 
may cancel whatever amount of permitted use the permittee or lessee has 
failed to use.
[60 FR 9969, Feb. 22, 1995]



Sec. 4170.2  Penal provisions.



Sec. 4170.2-1  Penal provisions under the Taylor Grazing Act.

    Under section 2 of the Act any person who willfully commits an act 
prohibited under Sec. 4140.1(b), or who willfully violates approved 
special rules and regulations is punishable by a fine of not more than 
$500.
[60 FR 9969, Feb. 22, 1995]



Sec. 4170.2-2  Penal provisions under the Federal Land Policy and Management Act.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.), any person who knowingly and willfully 
commits an act prohibited under Sec. 4140.1(b) or who knowingly and 
willfully violates approved special rules and regulations may be brought 
before a designated U.S. magistrate and is punishable by a fine in 
accordance with the applicable provisions of Title 18 of the United 
States Code, or imprisonment for no more than 12 months, or both.
[60 FR 9969, Feb. 22, 1995]



    Subpart 4180--Fundamentals of Rangeland Health and Standards and 
                  Guidelines for Grazing Administration



Sec. 4180.1  Fundamentals of rangeland health.

    The authorized officer shall take appropriate action under subparts 
4110, 4120, 4130, and 4160 of this part as soon as practicable but not 
later than the start of the next grazing year upon determining that 
existing grazing management needs to be modified to ensure that the 
following conditions exist.
    (a) Watersheds are in, or are making significant progress toward, 
properly functioning physical condition, including their upland, 
riparian-wetland, and aquatic components; soil and plant conditions 
support infiltration, soil moisture storage, and the release of water 
that are in balance with climate

[[Page 883]]

 and landform and maintain or improve water quality, water quantity, and 
timing and duration of flow.
    (b) Ecological processes, including the hydrologic cycle, nutrient 
cycle, and energy flow, are maintained, or there is significant progress 
toward their attainment, in order to support healthy biotic populations 
and communities.
    (c) Water quality complies with State water quality standards and 
achieves, or is making significant progress toward achieving, 
established BLM management objectives such as meeting wildlife needs.
    (d) Habitats are, or are making significant progress toward being, 
restored or maintained for Federal threatened and endangered species, 
Federal Proposed, Category 1 and 2 Federal candidate and other special 
status species.
[60 FR 9969, Feb. 22, 1995]



Sec. 4180.2  Standards and guidelines for grazing administration.

    (a) The Bureau of Land Management State Director, in consultation 
with the affected resource advisory councils where they exist, will 
identify the geographical area for which standards and guidelines are 
developed. Standards and guidelines will be developed for an entire 
state, or an area encompassing portions of more than 1 state, unless the 
Bureau of Land Management State Director, in consultation with the 
resource advisory councils, determines that the characteristics of an 
area are unique, and the rangelands within the area could not be 
adequately protected using standards and guidelines developed on a 
broader geographical scale.
    (b) The Bureau of Land Management State Director, in consultation 
with affected Bureau of Land Management resource advisory councils, 
shall develop and amend State or regional standards and guidelines. The 
Bureau of Land Management State Director will also coordinate with 
Indian tribes, other State and Federal land management agencies 
responsible for the management of lands and resources within the region 
or area under consideration, and the public in the development of State 
or regional standards and guidelines. Standards and guidelines developed 
by the Bureau of Land Management State Director must provide for 
conformance with the fundamentals of Sec. 4180.1. State or regional 
standards or guidelines developed by the Bureau of Land Management State 
Director may not be implemented prior to their approval by the 
Secretary. Standards and guidelines made effective under paragraph (f) 
of this section may be modified by the Bureau of Land Management State 
Director, with approval of the Secretary, to address local ecosystems 
and management practices.
    (c) The authorized officer shall take appropriate action as soon as 
practicable but not later than the start of the next grazing year upon 
determining that existing grazing management practices or levels of 
grazing use on public lands are significant factors in failing to 
achieve the standards and conform with the guidelines that are made 
effective under this section. Appropriate action means implementing 
actions pursuant to subparts 4110, 4120, 4130, and 4160 of this part 
that will result in significant progress toward fulfillment of the 
standards and significant progress toward conformance with the 
guidelines. Practices and activities subject to standards and guidelines 
include the development of grazing-related portions of activity plans, 
establishment of terms and conditions of permits, leases and other 
grazing authorizations, and range improvement activities such as 
vegetation manipulation, fence construction and development of water.
    (d) At a minimum, State or regional standards developed under 
paragraphs (a) and (b) of this section must address the following:
    (1) Watershed function;
    (2) Nutrient cycling and energy flow;
    (3) Water quality;
    (4) Habitat for endangered, threatened, proposed, Candidate 1 or 2, 
or special status species; and
    (5) Habitat quality for native plant and animal populations and 
communities.
    (e) At a minimum, State or regional guidelines developed under 
paragraphs (a) and (b) of this section must address the following:
    (1) Maintaining or promoting adequate amounts of vegetative ground

[[Page 884]]

 cover, including standing plant material and litter, to support 
infiltration, maintain soil moisture storage, and stabilize soils;
    (2) Maintaining or promoting subsurface soil conditions that support 
permeability rates appropriate to climate and soils;
    (3) Maintaining, improving or restoring riparian-wetland functions 
including energy dissipation, sediment capture, groundwater recharge, 
and stream bank stability;
    (4) Maintaining or promoting stream channel morphology (e.g., 
gradient, width/depth ratio, channel roughness and sinuosity) and 
functions appropriate to climate and landform;
    (5) Maintaining or promoting the appropriate kinds and amounts of 
soil organisms, plants and animals to support the hydrologic cycle, 
nutrient cycle, and energy flow;
    (6) Promoting the opportunity for seedling establishment of 
appropriate plant species when climatic conditions and space allow;
    (7) Maintaining, restoring or enhancing water quality to meet 
management objectives, such as meeting wildlife needs;
    (8) Restoring, maintaining or enhancing habitats to assist in the 
recovery of Federal threatened and endangered species;
    (9) Restoring, maintaining or enhancing habitats of Federal 
Proposed, Category 1 and 2 Federal candidate, and other special status 
species to promote their conservation;
    (10) Maintaining or promoting the physical and biological conditions 
to sustain native populations and communities;
    (11) Emphasizing native species in the support of ecological 
function; and
    (12) Incorporating the use of non-native plant species only in those 
situations in which native species are not available in sufficient 
quantities or are incapable of maintaining or achieving properly 
functioning conditions and biological health;
    (f) In the event that State or regional standards and guidelines are 
not completed and in effect by February 12, 1997, and until such time as 
State or regional standards and guidelines are developed and in effect, 
the following standards provided in paragraph (f)(1) of this section and 
guidelines provided in (f)(2) of this section shall apply and will be 
implemented in accordance with paragraph (c) of this section. However, 
the Secretary may grant, upon referral by the BLM of a formal 
recommendation by a resource advisory council, a postponement of the 
February 12, 1997, fallback standards and guidelines implementation 
date, not to exceed the 6-month period ending August 12, 1997. In 
determining whether to grant a postponement, the Secretary will 
consider, among other factors, long-term rangeland health and 
administrative efficiencies.
    (1) Fallback standards. (i) Upland soils exhibit infiltration and 
permeability rates that are appropriate to soil type, climate and 
landform.
    (ii) Riparian-wetland areas are in properly functioning condition.
    (iii) Stream channel morphology (including but not limited to 
gradient, width/depth ratio, channel roughness and sinuosity) and 
functions are appropriate for the climate and landform.
    (iv) Healthy, productive and diverse populations of native species 
exist and are maintained.
    (2) Fallback guidelines. (i) Management practices maintain or 
promote adequate amounts of ground cover to support infiltration, 
maintain soil moisture storage, and stabilize soils;
    (ii) Management practices maintain or promote soil conditions that 
support permeability rates that are appropriate to climate and soils;
    (iii) Management practices maintain or promote sufficient residual 
vegetation to maintain, improve or restore riparian-wetland functions of 
energy dissipation, sediment capture, groundwater recharge and stream 
bank stability;
    (iv) Management practices maintain or promote stream channel 
morphology (e.g., gradient, width/depth ratio, channel roughness and 
sinuosity) and functions that are appropriate to climate and landform;
    (v) Management practices maintain or promote the appropriate kinds 
and amounts of soil organisms, plants and animals to support the 
hydrologic cycle, nutrient cycle, and energy flow;

[[Page 885]]

    (vi) Management practices maintain or promote the physical and 
biological conditions necessary to sustain native populations and 
communities;
    (vii) Desired species are being allowed to complete seed 
dissemination in 1 out of every 3 years (Management actions will promote 
the opportunity for seedling establishment when climatic conditions and 
space allow.);
    (viii) Conservation of Federal threatened or endangered, Proposed, 
Category 1 and 2 candidate, and other special status species is promoted 
by the restoration and maintenance of their habitats;
    (ix) Native species are emphasized in the support of ecological 
function;
    (x) Non-native plant species are used only in those situations in 
which native species are not readily available in sufficient quantities 
or are incapable of maintaining or achieving properly functioning 
conditions and biological health;
    (xi) Periods of rest from disturbance or livestock use during times 
of critical plant growth or regrowth are provided when needed to achieve 
healthy, properly functioning conditions (The timing and duration of use 
periods shall be determined by the authorized officer.);
    (xii) Continuous, season-long livestock use is allowed to occur only 
when it has been demonstrated to be consistent with achieving healthy, 
properly functioning ecosystems;
    (xiii) Facilities are located away from riparian-wetland areas 
wherever they conflict with achieving or maintaining riparian-wetland 
function;
    (xiv) The development of springs and seeps or other projects 
affecting water and associated resources shall be designed to protect 
the ecological functions and processes of those sites; and
    (xv) Grazing on designated ephemeral (annual and perennial) 
rangeland is allowed to occur only if reliable estimates of production 
have been made, an identified level of annual growth or residue to 
remain on site at the end of the grazing season has been established, 
and adverse effects on perennial species are avoided.
[60 FR 9969, Feb. 22, 1995, as amended at 61 FR 59835, Nov. 25, 1996]



          Group 4200--Grazing Administration; Alaska; Livestock



PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK--Table of Contents




    Subpart 4200--Grazing Administration; Alaska; Livestock; General

Sec.
4200.0-2  Objectives.
4200.0-3  Authority.
4200.0-5  Definitions.

                        Subpart 4210--Conditions

4210.1  Grazing districts.
4210.2  Lands subject to lease.
4210.3  Qualifications of applicants.
4210.4  No right acquired by applicant prior to lease.

                        Subpart 4220--Procedures

4220.1  Applicants.
4220.2  Application for lease.
4220.3  Maximum number of stock.
4220.4  Annual rental.
4220.5  Reduction in excessive leased area.
4220.6  Free grazing permits.
4220.7  Leases.
4220.8  Stock driveways; crossing permits; quarantine regulations.
4220.9  Range improvements.

                Subpart 4230--Disposition of Leased Lands

4230.1  Settlement, location, and acquisition.
4230.2  Mineral prospecting, location, and purchase.

              Subpart 4240--Protests, Hearings, and Appeals

4240.1  Protests.
4240.2  Hearings.

    Authority:  Taylor Grazing Act of 1934, as amended (43 U.S.C. 315, 
315(a)-315(r)), section 4 of the Act of August 28, 1937 (43 U.S.C. 
1181(d)), and the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.).

    Source:  43 FR 29062, July 5, 1978, unless otherwise noted.



    Subpart 4200--Grazing Administration; Alaska; Livestock; General



Sec. 4200.0-2  Objectives.

    The beneficial utilization of the public lands in Alaska for the 
purpose of livestock grazing shall be conducted in

[[Page 886]]

 such manner as may be considered necessary and consistent with the 
purposes of the act but shall be subordinated to the development of 
their mineral resources, to their use for agriculture, to the 
protection, development, and utilization of their forests and to the 
protection, development, and utilization of such other resources as may 
be of greater benefit to the public.



Sec. 4200.0-3  Authority.

    The Act of March 4, 1927, as amended (43 U.S.C. 316, 316a through 
316o), authorizes the Secretary of the Interior to establish grazing 
districts upon any public lands in Alaska, surveyed or unsurveyed, 
outside of the Aleutian Islands Reservation, outside of national forests 
and other reservations administered by the Secretary of Agriculture and 
outside of national parks and monuments, and to lease such lands for the 
grazing of livestock thereon. Section 316f provides that a lease may be 
made for such term as the Secretary deems reasonable, but not to exceed 
55 years, taking into consideration all factors that are relevant to the 
exercise of the grazing privileges.



Sec. 4200.0-5  Definitions.

    As used in this subpart:
    (a) Secretary means Secretary of the Interior;
    (b) Director means Director, Bureau of Land Management;
    (c) Authorized officer or manager means the designated official of 
the Bureau of Land Management, in whose district the lands involved are 
situated, who has been delegated the authority to issue grazing leases;
    (d) The Act means the Act of March 4, 1927, as amended (43 U.S.C. 
316, 316a through 316o);
    (e) Person means individual, partnership, corporation, or 
association;
    (f) Native means any member of the aboriginal races inhabiting 
Alaska, of whole or not less than half blood;
    (g) District means any grazing district established under the Act;
    (h) Animal unit month means the forage consumed or grazing 
privileges represented by the grazing of one cow or its equivalent for 1 
month. For the purpose of this definition, one cow shall be considered 
the equivalent of one horse, or five sheep or five goats.



                        Subpart 4210--Conditions



Sec. 4210.1  Grazing districts.

    (a) Establishment. Pursuant to the act, grazing districts are hereby 
established, the boundaries of which shall be coextensive with the 
boundaries of the public land districts in Alaska.
    (b) Leases on acreage basis. Grazing leases will be granted only for 
such areas as may be deemed adequate and usable according to the needs 
of the lessee. Leases will provide for grazing on a definite area, and 
on an acreage basis, except where peculiar local conditions or the 
difficulties of administration make more practicable a lease based on 
the number of livestock to be grazed.



Sec. 4210.2  Lands subject to lease.

    Vacant, unreserved, and unappropriated public lands are subject to 
lease. Where these lands are embraced within the natural grazing grounds 
or routes of migration of animals such as caribou or moose, or have 
other important values for wildlife, the lands may be leased, in the 
discretion of the manager, subject to such special terms and conditions 
as may be determined. Except as to those reservations described in 
Sec. 4200.0-3 public lands within the boundaries of a grazing district 
which have been withdrawn for any purpose may be leased with the prior 
consent of the Department or agency having administrative jurisidiction 
thereof and subject to such additional terms and conditions as such 
Department or agency may impose.



Sec. 4210.3  Qualifications of applicants.

    An applicant for a grazing lease is qualified if the applicant:
    (a) Is a citizen of the United States, or
    (b) Has on file before a court of competent jurisdiction a valid 
declaration of intention to become a citizen, or a valid petition for 
naturalization, or
    (c) Is a group, association, or corporation organized under the laws 
of the United States or of any State or

[[Page 887]]

 Territory thereof, authorized to conduct business in Alaska, and the 
controlling interest in which is vested in persons who would be 
qualified under either paragraph (a) or (b) of this section.



Sec. 4210.4  No right acquired by applicant prior to lease.

    The filing of an application will not segregate the land applied for 
from application by other persons for a grazing lease, or from other 
disposition under the public land laws. As the issuance of a lease is 
discretionary, the filing of an application for the lease will not in 
any way create any right in the applicant to a lease, or to the use of 
the lands applied for pending the issuance of a lease. Any such 
unauthorized use constitutes a trespass.1
---------------------------------------------------------------------------

    1  It is unlawful for any person to graze any class of 
livestock on the public lands in grazing districts in Alaska, except 
under authority of a lease or permit granted under the act. Any person 
who willfully grazes livestock in such areas without such authority 
shall, upon conviction, be punished by a fine of not more than $500. 
(Sec. 12, Act of March 4, 1927; 43 U.S.C. 316k and notice approved March 
7, 1929.)
---------------------------------------------------------------------------



                        Subpart 4220--Procedures



Sec. 4220.1  Applicants.

    (a) Classes of applicants and preference. Applicants for grazing 
leases shall be given preference in the following order:
    (1) Natives.
    (2) Bona fide settlers.
    (3) Other qualified applicants.
    (b) Assertion of preference rights. Any person claiming a preference 
right to a lease under paragraph (a) of this section must furnish with 
the application required under Sec. 4220.2(a) a statement setting forth 
the facts on which such claim is made.



Sec. 4220.2  Application for lease.

    (a) Form used. An application for grazing lease must be executed in 
duplicate on a form approved by the Director, and filed with the 
manager.
    (b) Schedule of operations. The application must be accompanied by a 
schedule of the applicant's proposed annual program to develop and 
increase the number of livestock which will be grazed on the land, and 
showing the applicant's need for all the land applied for, to provide 
forage for the maximum number of livestock which the applicant intends 
to graze thereon.
    (c) Financial responsibility. The applicant, upon request by the 
manager, must also furnish evidence of his financial responsibility 
consisting of a showing that he has the financial means or has made 
arrangements with an established financial institution to provide the 
capital necessary to commence and maintain his proposed schedule of 
operations.



Sec. 4220.3  Maximum number of stock.

    The lease will indicate the maximum number of stock which may be 
grazed on the leased area, based on the condition of the range and its 
accessibility for summer and winter feeding. The manager may adjust the 
maximum number from time to time as the condition of the range may 
warrant.



Sec. 4220.4  Annual rental.

    (a) Amount. Unless otherwise provided, each lessee shall pay to the 
Bureau of Land Management such rental per acre, per head, or per animal 
unit month, as may be determined to be a fair charge for grazing of 
livestock on the leased land. The rental under any grazing lease may be 
adjusted every 3 years. The date for making the annual payment will be 
specified in the lease. If the rental is to be paid according to the 
number of animals grazed, no charge will be made for the natural 
increase of grazing animals until the beginning of the following lease 
year.
    (b) Adjustment or waiver. The manager, if he determines such action 
to be in the public interest by reason of: (1) Depletion or destruction 
of the range by any cause beyond the control of the lessee, or (2) 
calamity or disease causing wholesale destruction of or injury to 
livestock, may grant an extension of time for making payment, or reduce 
or waive the grazing fee under a lease so affected. An application for 
the desired relief should be filed with the manager and should state all 
pertinent details and itemize the losses sustained.
    (c) Payment. The first rental payment required and the return of the 
proposed lease duly executed by the prospective

[[Page 888]]

 lessee shall be made within 30 days of receipt of the lease form by the 
prospective lessee; if the rental is not paid or the lease is not 
returned within the prescribed time, the offer shall be null and void 
and of no effect, and all rights of the prospective lessee thereunder or 
under the application upon which it is based shall be considered as 
terminated. Subsequent rental payments for succeeding lease periods are 
payable in advance. In the event such payment is not received in the 
proper office by the last day of the current lease period or within the 
time prescribed in the billing notice whichever is the later, the case 
shall be considered canceled and all rights terminated thereunder as of 
the end of such current lease period; except the lease shall not 
terminate if the lessee submits payment to the proper office within a 
grace period of 60 days following the last day of the current lease 
period together with a showing satisfactory to the authorized office 
that the delay in rental payment was for unavoidable reasons and that 
termination of the lease would cause undue hardship to the lessee.



Sec. 4220.5  Reduction in excessive leased area.

    Whenever, in the opinion of the manager, the leased land is 
excessive for the number of livestock to be grazed by the lessee, the 
manager may, after 30 days' notice to the lessee, reduce the lease area 
to the extent necessary, and the annual rental, if on an acreage basis, 
shall be reduced proportionately, effective at the beginning of the next 
lease year.



Sec. 4220.6  Free grazing permits.

    Any person may file application in duplicate on a form approved by 
the Director, for a permit to graze, free of charge, not to exceed the 
number of livestock whose products are consumed or whose work is 
directly and exclusively used by the applicant or his family, for a term 
of not more than 1 year.



Sec. 4220.7  Leases.

    (a) Issuance of lease. If the application is complete and it is 
determined that a lease should be issued, the manager will prepare a 
proposed lease, with necessary copies, on a form approved by the 
Director, for execution by the applicant. The forms, signed by the 
applicant, must be forwarded promptly to the manager, together with any 
required rental payment. The lease will be dated as of January 1 of the 
year in which it is issued, and the required rental for the first year 
will be adjusted on a pro rata monthly basis to cover that portion of 
the year subsequent to the lease issuance.
    (b) Report of grazing operations. Before April 1 of the second lease 
year and each lease year thereafter, the lessee shall file with the 
manager a report, in duplicate, on a form approved by the Director, of 
his grazing operations during the preceding year.
    (c) Assignments. No part of the leased land may be subleased. Any 
proposed assignment of a lease, in whole or in part, must be filed in 
duplicate with the authorized officer within 90 days of its execution. 
Assignments will be executed on a form approved by the Director and must 
be accompanied by the application on a form approved by the Director, 
executed in duplicate, together with the same showing by the assignee as 
to qualifications and stock development schedule as would be required of 
applicants for a new lease, including financial responsibility when 
specifically requested by the manager. The assignee's acceptance of the 
lease offered pursuant to the grazing lease assignment shall constitute 
his acceptance of the lease terms. No assignment will be recognized nor 
will it confer on the assignee any rights to the leased area until a 
lease therefor is issued to him.
    (d) Renewals. An application for renewal of a grazing lease should 
be executed and filed in duplicate on a form approved by the Director 
not less than 4 months but not more than 8 months before the expiration 
date of the lease term. The renewal lease, if issued, will contain such 
terms and conditions as the manager may determine.
    (e) Rights reserved. Grazing leases under this part shall be 
subordinated to and shall be subject to modification or reduction by the 
manager to the extent necessary to permit:
    (1) The protection, development, and utilization, under applicable 
laws and regulations, of the mineral, timber,

[[Page 889]]

 water, and other resources on or in the leased lands, including their 
use for agriculture.
    (2) The allowance of applications for and the acquisition of 
homesites, easements, permits, leases, or other rights and uses, 
pursuant to applicable public land laws, where the same are in the 
public interest or will not unduly interfere with the use of the area 
for grazing purposes.
    (3) The temporary closing of portions of the leased area to grazing 
whenever, because of improper handling of the stock, overgrazing, fire 
or other cause, such action is deemed necessary to restore the range to 
its normal condition.
    (f) Restrictions. No lessee may so enclose roads, trails, or other 
highways as to disturb public travel thereon, nor interfere with 
existing communication lines or other improvements on the leased area; 
he shall not prevent legal hunting, fishing, or trapping on the land, or 
the ingress of miners, mineral prospectors, and other persons entitled 
to enter the area for lawful purposes.
    (g) Termination. A lease may be surrendered by the lessee upon prior 
written notice filed with the manager, effective upon the date indicated 
in such notice but no less than 30 days from the date of filing, 
provided the lessee has complied with the terms and conditions of the 
lease and has paid all charges due thereunder.
    (h) Cancellation. A lease may be canceled by the manager if the 
lease was issued improperly through error with respect to a material 
fact or facts, or if the lessee shall fail to comply with any of the 
provisions of the lease or of this part. No lease will be canceled for 
default in complying with the provisions of the lease or of this part 
until the lessee has been notified in writing of the nature of the 
default and has been afforded an opportunity to show why the lease 
should not be canceled.



Sec. 4220.8  Stock driveways; crossing permits; quarantine regulations.

    (a) Stock driveways. The manager may establish stock driveways for 
the regular crossing of livestock across public lands, in such form and 
manner as he may determine.
    (b) Crossing permits. A permit for the crossing of livestock on a 
stock driveway or other public lands, including lands under grazing 
lease, may be issued free of charge, upon the filing of an application 
on a form approved by the Director, in duplicate, with the authorized 
officer at least 30 days prior to the date the crossing is to begin.
    (c) Quarantine regulations. Persons driving or transporting stock 
across any public lands must comply with the quarantine and other 
sanitary laws prescribed by the Territorial or other proper authorities.



Sec. 4220.9  Range improvements.

    (a) Permits for construction and maintenance. Application for a 
permit to construct and maintain range improvements should be filed with 
the authorized officer in duplicate on a form approved by the Director. 
The lessee, upon obtaining an executed permit from the authorized 
officer, may construct, maintain, and utilize authorized fences, 
buildings, corrals, reservoirs, wells, or other improvements needed for 
the exercise of the grazing privileges under the lease. The lessee will 
be required to comply with the laws of the State of Alaska with respect 
to the construction and maintenance of fences, but any such fence shall 
be constructed to permit the ingress and egress of miners, prospectors 
for minerals, and other persons entitled to enter such area for lawful 
purposes. The lessee, upon written approval by the authorized officer, 
may improve by seeding or reseeding within the lease area and may 
harvest hay or ensilage from such seeded or reseeded areas provided that 
the forage so produced is used primarily as feed for the lessee's 
livestock. The authorized officer may approve the assignment of range 
improvements upon receipt of an application for such assignment on a 
form approved by the Director.
    (b) Removal of improvements and personal property. (1) Improvements, 
fixtures, or personal property (other than livestock) may not be removed 
from the lands unless all moneys due the United States under the lease 
have been paid.

[[Page 890]]

    (2) If all moneys due have been paid and the lessee, on or before 
the termination of his lease in whole or in part for any reason, 
notifies the manager of his determination to leave on the land involved 
in such termination improvements, the construction or maintenance of 
which has been authorized, no other person shall use or occupy, under 
any permit, lease, or entry under any public land law, the land on which 
such improvements are located, until there has been paid to the person 
entitled thereto the value of such improvements. If the interested 
parties are unable to reach an agreement as to such value, the amount 
may be fixed by the manager. All such agreements, to be effective, must 
be approved by the manager. The failure of the subsequent permittee, 
lessee, or entryman to pay the former lessee in accordance with such 
agreement will be just cause for the cancellation of the permit, lease, 
or entry.
    (3) In the absence of a notice by the lessee in accordance with 
paragraph (b)(2) of this section, the lessee shall, within 90 days from 
the date of expiration or termination of the lease, and if all charges 
due thereunder have been paid, remove all personal property belonging to 
him, together with any fence, building, corral, or other removable range 
improvements owned by him. All such property which is not removed with 
the time allowed shall thereupon become the property of the United 
States.



                Subpart 4230--Disposition of Leased Lands



Sec. 4230.1  Settlement, location, and acquisition.

    Lands leased under the act are not subject to settlement, location, 
and acquisition under the nonmineral public land laws applicable to 
Alaska unless and until the authorized officer of the Bureau of Land 
Management determines that the grazing lease should be canceled or 
reduced in order to permit, in the public interest and without undue 
interference with the grazing operations, the appropriate development 
and utilization of the lands (see Sec. 4220.7(e)) and that the lands are 
suitable for and otherwise subject to the intended settlement, location, 
entry, or acquisition. An application on the appropriate form or a 
notice on a form approved by the Director if applicable to the class of 
entry contemplated, will be accepted and treated as a petition for 
determination. Upon such determination and after not less than 30 days' 
notice thereof to the lessee, the grazing lease may be canceled or 
reduced to permit the settlement, location, entry or other acquisition 
of the lands so eliminated from the lease, and the petitioner will be 
accorded a preference right to settle upon or enter the lands in 
accordance with the determination.



Sec. 4230.2  Mineral prospecting, location, and purchase.

    Unless otherwise withdrawn therefrom, lands leased under the act are 
subject to disposition under the mineral leasing laws and to mineral 
prospecting, location, and purchase under the mining laws, in accordance 
with the applicable regulations of Group 3800 of this chapter.



              Subpart 4240--Protests, Hearings, and Appeals



Sec. 4240.1  Protests.

    Protests against an application for a lease should be filed in 
duplicate, with the manager, contain a complete disclosure of all facts 
upon which the protests is based, and describe the lands involved in 
such protest; and should be accompanied by evidence of service of a copy 
of the protest upon the applicant. If the protestant desires to lease 
all or part of the land embraced in the application against which the 
protest is filed, the protest should be accompanied by an application 
for a grazing lease.



Sec. 4240.2  Hearings.

    Any lessee of or applicant for grazing privileges may procure a 
review of any action or decision of the authorized officer by filing 
with such officer an application for a hearing, stating the nature of 
the action or decision complained of and the grounds of complaint. The 
filing of any such application and the conduct of the proceedings

[[Page 891]]

before an administrative law judge shall be governed by Sec. 4.450 of 
this title.



          Group 4300--Grazing Administration; Alaska; Reindeer

    Note:  The information collection requirements contained in subpart 
4320 of Group 4300 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3507 and assigned clearance number 1004-0024. The 
information is being collected to permit the authorized officer to 
determine whether an application to utilize the public lands in Alaska 
for reindeer grazing should be granted. The information will be used to 
make this determination. The obligation to respond is required to obtain 
a benefit.
[48 FR 40890, Sept. 12, 1983]



PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER--Table of Contents




     Subpart 4300--Grazing Administration; Alaska; Reindeer; General

Sec.
4300.0-3  Authority.
4300.0-5  Definitions.

                        Subpart 4310--Conditions

4310.1  Lands subject to grazing permit.
4310.2  Qualifications of applicants.
4310.3  No rights acquired by applicant prior to issuance of grazing 
          permit.
4310.4  Rights reserved; public land laws applicable.
4310.5  Location, settlement, entry, and other disposition of lands 
          included in grazing permit; notice to permittee of disposition 
          and reduction of permitted area.

                        Subpart 4320--Procedures

4320.1  Application for grazing permit.
4320.2  Filing fee; grazing fee.
4320.3  Term of grazing permit; renewals.
4320.4  Area of use and maximum number of reindeer.
4320.5  Adjustment of grazing permit area.
4320.6  Report of grazing operations; assignments allowed.
4320.7  Termination of grazing permit; cancellation.
4320.8  Crossing permits.
4320.9  Permits for construction and maintenance of improvements; 
          removal.

                         Subpart 4330--Protests

4330.1  Protests.

                         Subpart 4340--Trespass

4340.1  Trespass.

    Authority:  Taylor Grazing Act of 1934, as amended (43 U.S.C. 315, 
315(a)-315(r)), section 4 of the Act of August 28, 1937 (43 U.S.C. 
1181(d)), and the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.).

    Source:  43 FR 29065, July 5, 1978, unless otherwise noted.



     Subpart 4300--Grazing Administration; Alaska; Reindeer; General



Sec. 4300.0-3  Authority.

    Section 12 of the Act of September 1, 1937 (50 Stat. 902), 
authorizes the Secretary of the Interior to promulgate such rules and 
regulations as, in his judgment, are necessary to carry into effect the 
provisions of this Act.



Sec. 4300.0-5  Definitions.

    (a) Reindeer includes reindeer and such caribou as have been 
introduced into animal husbandry or have actually joined reindeer herds 
and the increase thereof.
    (b) Natives include the native Indians; Eskimos, and Aleuts of whole 
or part blood inhabiting Alaska at the time of the Treaty of Cession of 
Alaska to the United States and their descendants of whole or part 
blood, together with the Indians and Eskimos who, since the year 1867 
and prior to September 1, 1937, have migrated into Alaska from the 
Dominion of Canada, and their descendants of whole or part blood.
    (c) Bureau means Bureau of Land Management.
    (d) Director means Director, Bureau of Land Management.
    (e) Authorized Officer means the Bureau official who has been 
authorized to issue a reindeer grazing permit.
    (f) The Act means the Act of September 1, 1937 (50 Stat. 902).



                        Subpart 4310--Conditions



Sec. 4310.1  Lands subject to grazing permit.

    Vacant and unreserved and unappropriated public lands are subject to 
inclusion in a reindeer grazing permit.

[[Page 892]]

Where these lands are within the natural migration routes of caribou, or 
when they have other important wildlife values, the lands may be 
included in a permit, at the discretion of the authorized officer after 
consultation with the Alaska Department of Fish and Game, subject to 
such special terms and conditions as may be jointly agreed upon. Public 
lands which have been withdrawn for any purpose may also be included in 
a grazing permit with the prior consent of the Department or agency 
having administrative jurisdiction thereof, and subject to such 
additional terms and conditions as such Department or agency may impose.



Sec. 4310.2  Qualifications of applicants.

    An applicant is qualified if he is a native or group, association or 
corporation of natives as defined by the act of September 1, 1937, 
organized under the laws of the United States or the State of Alaska, or 
if the applicant is a native corporation under the provisions of the 
Alaska Native Claims Settlement Act.



Sec. 4310.3  No rights acquired by applicant prior to issuance of grazing permit.

    The filing of an application will not segregate the land applied for 
from application by other persons for a grazing permit, or from other 
disposition under the public land laws. As the issuance of a grazing 
permit is discretionary, the filing of an application will not create a 
right for such a permit, or to the use of the lands applied for pending 
the issuance of a grazing permit.



Sec. 4310.4  Rights reserved; public land laws applicable.

    (a) Grazing permits under this part shall be subordinated to higher 
uses and subject to modification or reduction by the authorized officer 
to the extent necessary to allow:
    (1) The protection, development and utilization, under applicable 
laws and regulations, of the mineral, timber, water, and other resources 
on or in the lands included in the grazing permit, including their use 
for agriculture.
    (2) The allowance of applications for and the acquisition of 
homesites, easements, permits, leases, or other rights and uses pursuant 
to applicable public land laws.
    (3) The temporary closing of portions of the permitted area to 
grazing whenever, because of improper handling of the reindeer, 
overgrazing, fire, or other cause, such action is deemed necessary to 
restore the range to its normal condition.
    (b) No permittee may so enclose roads, trails, or highways as to 
disturb public travel thereon, nor interfere with existing communication 
lines or other improvements on the permitted area; he shall not prevent 
legal hunting, fishing or trapping on the land, or ingress of miners, 
mineral prospectors, and other persons entitled to enter the area for 
lawful purposes.
    (c) Persons using public lands for grazing of reindeer or for 
driving of reindeer across such lands must comply with applicable State 
and Federal laws relative to livestock quarantine and sanitation.



Sec. 4310.5  Location, settlement, entry, and other disposition of lands included in grazing permit; notice to permittee of disposition and reduction of 
          permitted area.

    (a) Lands included in grazing permits under the act are subject to 
settlement, location, and acquisition under the non-mineral public land 
laws applicable to the State of Alaska.
    (b) Upon settlement, location, or entry of any lands included within 
a reindeer grazing permit, the permittee shall be notified of the 
settlement, location, or entry, and the permitted area shall be reduced 
by the area involved in the settlement, location, or entry.
    (c) Unless otherwise withdrawn therefrom lands included in grazing 
permits under the act are subject to disposition under the mineral 
leasing laws and to mineral prospecting, location, and purchase under 
the mining laws, in accordance with the applicable regulations of Group 
3800 of this chapter.

[[Page 893]]



                        Subpart 4320--Procedures



Sec. 4320.1  Application for grazing permit.

    (a) Form used. An application for a grazing permit must be executed 
in duplicate on a form approved by the Director and filed in the Bureau 
office which has jurisdiction over lands applied for.
    (b) Bureau of Indian Affairs certification. A certification of 
reindeer allotment to the applicant, signed by the authorized Bureau of 
Indian Affairs officer, must accompany the application if the applicant 
is to receive a herd from the Government.
    (c) Source of reindeer other than Government. If reindeer are to be 
obtained from a source other than the Government, the applicant should 
state the source and show evidence of his purchase or option to 
purchase.
    (d) Listing of improvements. With the initial application for any 
grazing permit issued under this part, the applicant must list by 
location and description the improvements found in the area under 
application which are owned by the applicant. Such statement of 
ownership will be verified by a Bureau of Indian Affairs official prior 
to submitting it to the Bureau of Land Management. Such existing 
improvements will be permitted by the terms of the initial grazing 
permit. Improvements to be constructed subsequent to the issuance of the 
initial grazing permit must be under permit in accordance with 
Sec. 4320.9.



Sec. 4320.2  Filing fee; grazing fee.

    A filing fee of $10 must accompany each application for a reindeer 
grazing permit or application for renewal thereof. No grazing fee will 
be charged.



Sec. 4320.3  Term of grazing permit; renewals.

    (a) Reindeer grazing permits shall be issued for a maximum term of 
10 years, except where the applicant desires a shorter term, or where 
the authorized officer determines that a shorter period will be in the 
public interest.
    (b) Application for renewal of a grazing permit shall be made not 
less than 4 months or more than 8 months before the expiration date of 
the permit. The authorized officer may at his discretion offer the 
permittee a renewed grazing permit containing such terms, conditions, 
and of such duration as he determines to be in the public interest.



Sec. 4320.4  Area of use and maximum number of reindeer.

    (a) Permits will restrict grazing use to a definitely described 
area. Grazing permits will be granted only for such areas as may be 
deemed adequate and usable according to the needs of the permittee.
    (b) The grazing permit will indicate the maximum number of reindeer 
which may be grazed on the permitted area, based on range conditions, 
and will be subject to adjustment as the condition of the range 
indicates.



Sec. 4320.5  Adjustment of grazing permit area.

    The permitted area may be reduced at any time, after not less than 
30 days notice to the permittee, when in the opinion of the authorized 
officer the area is excessive for the number of reindeer grazed thereon. 
The permit may be increased by the authorized officer on his own motion 
or upon request of the permittee, when in the opinion of the authorized 
officer the area is insufficient for the number of reindeer grazed 
thereon. The permittee shall have opportunity within such notice period 
to show cause why the area included in the grazing permit should not be 
adjusted.



Sec. 4320.6  Report of grazing operations; assignments allowed.

    (a) Before April 1 of this second permit year and each year 
thereafter, the permittee shall file with the authorized officer a 
report in duplicate of his grazing operations during the preceding year 
on an approved form.
    (b) No part of the land included in the permit may be subleased. 
Proposed assignments of a permit, in whole or in part, must be filed in 
duplicate with the authorized officer within 90 days from the date of 
its execution. Such assignments must contain all of the terms and 
conditions agreed upon by the parties thereto, accompanied by the same 
showing by the assignee as to qualifications and a reindeer allotment

[[Page 894]]

 as is required of applicants for a permit, and by the assignee's 
statement agreeing to be bound by the provisions of the permit. No 
assignment shall be effective until approved by the authorized officer.



Sec. 4320.7  Termination of grazing permit; cancellation.

    (a) A grazing permit may be surrendered by the permittee upon prior 
written notice filed with the authorized officer, effective upon the 
date indicated in such notice, but not less than 30 days from the date 
of filing.
    (b) A grazing permit may be canceled by the authorized officer if 
the permit was issued improperly through error with respect to a 
material fact or facts, or if the permittee shall fail to comply with 
any of the provisions of the permit or of this part. No permit shall be 
canceled for default in complying with the provisions of the permit or 
of this part until the permittee has been notified in writing of the 
nature of the default and has been afforded an opportunity of not less 
than 30 days to show why the permit should not be canceled.



Sec. 4320.8  Crossing permits.

    A permit for the crossing of reindeer over public lands, including 
lands under grazing permit, may be issued free of charge, upon 
application filed with the authorized officer at least 30 days prior to 
the date the crossing is to begin. The application must show the number 
of reindeer to be driven, date of starting, approximate period of time 
required, and the land to be traversed.



Sec. 4320.9  Permits for construction and maintenance of improvements; removal.

    (a) Application for a permit to construct and maintain range 
improvements should be filed, in duplicate, with the authorized officer 
on an approved form. The grazing permittee, upon obtaining a permit from 
the authorized officer, may construct, maintain, and utilize any fence, 
building, corral, reservoir, well, or other improvement needed for the 
exercise of the grazing privileges under the grazing permit. The 
permittee will be required to comply with the laws of the State of 
Alaska with respect to the construction and maintenance of fences, but 
any such fence shall be constructed to permit the ingress and egress of 
miners, prospectors for minerals, and other persons entitled to enter 
such area for lawful purposes.
    (b) The permittee, within 90 days from the date of expiration or 
termination of the grazing permit, or within any extension of such 
period, shall be allowed to remove all personal property belonging to 
him, together with any fence, building, corral, or other removable range 
improvements owned by him. All such property which is not removed within 
the time allowed shall thereupon become the property of the United 
States.



                         Subpart 4330--Protests



Sec. 4330.1  Protests.

    Protests against an application for a grazing permit shall be filed 
in duplicate, with the authorized officer; contain a complete disclosure 
of all facts upon which the protest is based; and describe the lands 
involved in such protests. It shall be accompanied by evidence of 
service of a copy of the protest upon the applicant. If the protestant 
desires to obtain a grazing permit for all or part of the land embraced 
in the application against which the protest is filed, the protest shall 
be accompanied by an application for a grazing permit.



                         Subpart 4340--Trespass



Sec. 4340.1  Trespass.

    (a) Any use of the Federal lands for reindeer grazing purposes, 
unless authorized by a valid permit issued in accordance with the 
regulations in this part is unlawful and is prohibited.
    (b) Any person who willfully violates any of the rules and 
regulations in this part shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punishable by imprisonment for not more 
than 1 year, or by a fine of not more than $500.

[[Page 895]]



                           Group 4600--Leases



PART 4600--LEASES OF GRAZING LAND--PIERCE ACT--Table of Contents




                          Subpart 4600--General

Sec.
4600.0-2  Objectives.
4600.0-3  Authority.

                        Subpart 4610--Procedures

4610.1  Evidence of ownership.
4610.1-1  Certificate of ownership for State or county lands.
4610.1-2  Certificate of ownership for private lands.
4610.2  Leases.
4610.2-1  Form of lease.
4610.2-2  Period of lease.
4610.2-3  Approval of lease; renewal.
4610.3  Payment of rental.
4610.4  Fees.
4610.4-1  Computation of fees.
4610.4-2  Disposition of receipts.
4610.4-3  Allocation of funds appropriated.
4610.5  Improvements by the United States on leased lands.

    Authority:  48 Stat. 1270; 43 U.S.C. 315a.

    Source:  35 FR 9546, June 13, 1970. Redesignated at 61 FR 29031, 
June 7, 1996.



                          Subpart 4600--General



Sec. 4600.0-2  Objectives.

    When it is determined by the authorized officer that any State, 
county, or privately owned lands located within grazing districts are 
chiefly valuable for grazing, and are necessary to promote the orderly 
use, improvement, and development of grazing districts, steps should be 
taken to secure offers of leases of such lands from the owners thereof.



Sec. 4600.0-3  Authority.

    (a) The Act of June 23, 1938. The Act of June 23, 1938 (52 Stat. 
1033; 43 U.S.C. 315m-1, 315m-4 inclusive), known as the Pierce Act, 
authorizes the Secretary of the Interior in his discretion to lease, at 
rates to be determined by him, any State, county, or privately owned 
lands chiefly valuable for grazing purposes and lying within the 
exterior boundaries of grazing districts created under the Taylor 
Grazing Act of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 
et seq.) when in his judgment, the leasing of such lands will promote 
the orderly use of the district and aid in conserving the forage 
resources of the public lands therein, and the authorized officer of the 
Bureau of Land Management may approve leases under the Pierce Act on 
behalf of the United States in accordance with this part. Leases so 
approved need not be submitted for Secretarial approval.



                        Subpart 4610--Procedures



Sec. 4610.1  Evidence of ownership.

    Parties offering to lease lands to the United States under the 
provisions of this Act will be required to furnish evidence of ownership 
as follows:



Sec. 4610.1-1  Certificate of ownership for State or county lands.

    Where State and county lands are offered for lease, a certificate 
from the proper State or county official will be required showing that 
title to the lands is in the State or county and that the officer or 
agency of the State or county offering them for lease is empowered by 
the laws of such State to lease such lands.



Sec. 4610.1-2  Certificate of ownership for private lands.

    Where privately owned lands are offered for lease, the party 
offering them will be required to file with the local office of the 
Bureau of Land Management certificates from either the proper county 
officials, a licensed abstracter, or an administrative officer of the 
Bureau of Land Management whichever is required by an authorized 
officer, certifying that the records of the county in which the lands 
are situated show that the party offering the lands for lease is the 
record owner thereof or in legal control of such lands under appropriate 
recorded lease permitting the subleasing of the property, and including 
an itemized statement showing the nature and extent of any liens, tax 
assessments, mortgages, or other encumbrances.



Sec. 4610.2  Leases.



Sec. 4610.2-1  Form of lease.

    Leases under the Pierce Act should conform in general to a form 
approved

[[Page 896]]

by the Director. This form is believed adaptable for use in all of the 
States within which grazing districts have been established under the 
Taylor Grazing Act. Leases under the Pierce Act must be executed by the 
lessor in the manner prescribed by the laws of the State within which 
the lands leased are situated.



Sec. 4610.2-2  Period of lease.

    Leases may be made for such periods as are deemed proper by an 
authorized officer in promoting a proper land-use program in connection 
with the public range, not to exceed, however, the 10-

year period as limited by the Pierce Act, beginning with the date of the 
approval of such lease.



Sec. 4610.2-3  Approval of lease; renewal.

    Local negotiations for leasing of lands under this act will not be 
effective until the lease and any renewal thereof has been approved by 
an authorized officer of the Bureau of Land Management. Upon such 
approval the lease should be recorded in the land records of the county 
in which the land is situated.



Sec. 4610.3  Payment of rental.

    The carrying capacity of the lands will be taken into consideration 
in negotiating the rental to be paid. Payment of rentals will be made 
annually by the United States at the end of the period for which 
licenses or permits to graze on the lands involved have been granted, or 
as soon thereafter as the moneys collected by the United States from its 
licensees or permittees for the use of such lands have been appropriated 
by the Congress in accordance with the provisions of the Pierce Act, and 
made available for such purpose, or moneys for the payment of such 
rentals have been made available through contributions under section 9 
of the Taylor Grazing Act (48 Stat. 1273; 43 U.S.C. 315h).



Sec. 4610.4  Fees.



Sec. 4610.4-1  Computation of fees.

    The aggregate of the grazing fees collected for the use of the lands 
leased under the provisions of the Pierce Act must be sufficient to 
insure a return to the United States of an amount equal to the aggregate 
of the rentals paid for such lands and the aggregate of the grazing fees 
collected for the use of all the lands leased in any one State must be 
at least equal to the aggregate of the rentals paid in that State.



Sec. 4610.4-2  Disposition of receipts.

    All moneys received in the administration of lands leased under the 
Pierce Act will be deposited in the Treasury of the United States as 
provided in section 4 of that Act and will be available when 
appropriated by the Congress for the leasing of lands. Distribution of 
such receipts, therefore, will not be made as provided in sections 10 
and 11 of the Taylor Grazing Act (48 Stat. 1273; 43 U.S.C. 315i, 315j).



Sec. 4610.4-3  Allocation of funds appropriated.

    Moneys received in the administration of lands leased under the 
Pierce Act, when appropriated by the Congress, will be allocated to the 
budgets of the State Director for disbursement in accordance with that 
Act and the regulations in this part. Records of disbursements thereof 
will be maintained under existing procedure.



Sec. 4610.5  Improvements by the United States on leased lands.

    The procedure in placing improvements on any lands leased under the 
Pierce Act, will, so far as practicable, be the same as provided under 
subpart 4120 of subchapter D.
[35 FR 9546, June 13, 1970. Redesignated and amended at 61 FR 29031, 
June 7, 1996]



        Group 4700--Wild Free-Roaming Horse and Burro Management

    Note:  The information collection requirements contained in Group 
4700 have been approved by the Office of Management and Budget and 
assigned clearance number 1004-0042. The information is being collected 
to permit the authorized officer to remove wild horses and burros from 
private land and to determine whether an application for adoption of and 
title to wild horses or burros should be granted. Responses are required 
to obtain benefits.
    Public reporting burden for this information is estimated to average 
0.165 hour per

[[Page 897]]

response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden, to the 
Information Collection Clearance Officer, Division of Information 
Resources Management, Bureau of Land Management (770), 1849 C Street 
NW., Washington, DC 20240, and the Office of Management and Budget, 
Paperwork Reduction Project 1004-0042, Washington, DC 20503.

[51 FR 7414, Mar. 3. 1986, as amended at 56 FR 786, Jan. 9, 1991]



PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING HORSES AND BURROS--Table of Contents




                          Subpart 4700--General

Sec.
4700.0-1  Purpose.
4700.0-2  Objectives.
4700.0-3  Authority.
4700.0-5  Definitions.
4700.0-6  Policy.
4700.0-9  Collections of information.

                 Subpart 4710--Management Considerations

4710.1  Land use planning.
4710.2  Inventory and monitoring.
4710.3  Management areas.
4710.3-1  Herd management areas.
4710.3-2  Wild horse and burro ranges.
4710.4  Constraints on management.
4710.5  Closure to livestock grazing.
4710.6  Removal of unauthorized livestock in or near areas occupied by 
          wild horses or burros.
4710.7  Maintenance of wild horses and burros on privately controlled 
          lands.

                          Subpart 4720--Removal

4720.1  Removal of excess animals from public lands.
4720.2  Removal of strayed or excess animals from private lands.
4720.2-1  Removal of strayed animals from private lands.
4720.2-2  Removal of excess animals from private lands.

   Subpart 4730--Destruction of Wild Horses or Burros and Disposal of 
                                 Remains

4730.1  Destruction.
4730.2  Disposal of remains.

                Subpart 4740--Motor Vehicles and Aircraft

4740.1  Use of motor vehicles or aircraft.
4740.2  Standards for vehicles used for transport of wild horses and 
          burros.

                    Subpart 4750--Private Maintenance

4750.1  Private maintenance.
4750.2  Health, identification, and inspection requirements.
4750.2-1  Health and identification requirements.
4750.2-2  Brand inspection.
4750.3  Application requirements for private maintenance.
4750.3-1  Application for private maintenance of wild horses and burros.
4750.3-2  Qualification standards for private maintenance.
4750.3-3  Supporting information and certification for private 
          maintenance of more than 4 wild horses or burros.
4750.3-4  Approval or disapproval of applications.
4750.4  Private maintenance of wild horses and burros.
4750.4-1  Private Maintenance and Care Agreement.
4750.4-2  Adoption fee.
4750.4-3  Request to terminate Private Maintenance and Care Agreement.
4750.4-4  Replacement animals.
4750.5  Application for title to wild horses and burros.

                        Subpart 4760--Compliance

4760.1  Compliance with the Private Maintenance and Care Agreement.

  Subpart 4770--Prohibited Acts, Administrative Remedies, and Penalties

4770.1  Prohibited acts.
4770.2  Civil penalties.
4770.3  Administrative remedies.
4770.4  Arrest.
4770.5  Criminal penalties.

    Authority:  16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and 
1740.

    Source:  51 FR 7414, Mar. 3, 1986, unless otherwise noted.



                          Subpart 4700--General



Sec. 4700.0-1  Purpose.

    The purpose of these regulations is to implement the laws relating 
to the protection, management, and control of wild horses and burros 
under the administration of the Bureau of Land Management.

[[Page 898]]



Sec. 4700.0-2  Objectives.

    The objectives of these regulations are management of wild horses 
and burros as an integral part of the natural system of the public lands 
under the principle of multiple use; protection of wild horses and 
burros from unauthorized capture, branding, harassment or death; and 
humane care and treatment of wild horses and burros.



Sec. 4700.0-3  Authority.

    The Act of September 8, 1959 (18 U.S.C. 47); the Act of December 15, 
1971, as amended (16 U.S.C. 1331-1340); the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1711, 1712, and 1734); the Act of June 
28, 1934, as amended (43 U.S.C. 315); and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321, 4331-4335, and 4341-4347).



Sec. 4700.0-5  Definitions.

    As used in this part, the term:
    (a) Act means the Act of December 15, 1971, as amended (16 U.S.C. 
1331-1340), commonly referred to as the Wild Free-Roaming Horse and 
Burro Act.
    (b) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described herein.
    (c) Commercial exploitation means using a wild horse or burro 
because of its characteristics of wildness for direct or indirect 
financial gain. Characteristics of wildness include the rebellious and 
feisty nature of such animals and their defiance of man as exhibited in 
their undomesticated and untamed state. Use as saddle or pack stock and 
other uses that require domestication of the animal are not commercial 
exploitation of the animals because of their characteristics of 
wildness.
    (d) Herd area means the geographic area identified as having been 
used by a herd as its habitat in 1971.
    (e) Humane treatment means handling compatible with animal husbandry 
practices accepted in the veterinary community, without causing 
unnecessary stress or suffering to a wild horse or burro.
    (f) Inhumane treatment means any intentional or negligent action or 
failure to act that causes stress, injury, or undue suffering to a wild 
horse or burro and is not compatible with animal husbandry practices 
accepted in the veterinary community.
    (g) Lame wild horse or burro means a wild horse or burro with one or 
more malfunctioning limbs that permanently impair its freedom of 
movement.
    (h) Old wild horse or burro means a wild horse or burro 
characterized because of age by its physical deterioration and inability 
to fend for itself, suffering, or closeness to death.
    (i) Private maintenance means the provision of proper care and 
humane treatment to excess wild horses and burros by qualified 
individuals under the terms and conditions specified in a Private 
Maintenance and Care Agreement.
    (j) Public lands means any lands or interests in lands administered 
by the Secretary of the Interior through the Bureau of Land Management.
    (k) Sick wild horse or burro means a wild horse or burro with 
failing health, infirmity or disease from which there is little chance 
of recovery.
    (l) Wild horses and burros means all unbranded and unclaimed horses 
and burros that use public lands as all or part of their habitat, that 
have been removed from these lands by the authorized officer, or that 
have been born of wild horses or burros in authorized BLM facilities, 
but have not lost their status under section 3 of the Act. Foals born to 
a wild horse or burro after approval of a Private Maintenance and Care 
Agreement are not wild horses or burros. Such foals are the property of 
the adopter of the parent mare or jenny. Where it appears in this part 
the term wild horses and burros is deemed to include the term free-
roaming.
[51 FR 7414, Mar. 3, 1986, as amended at 59 FR 28275, June 1, 1994]



Sec. 4700.0-6  Policy.

    (a) Wild horses and burros shall be managed as self-sustaining 
populations of healthy animals in balance with other uses and the 
productive capacity of their habitat.
    (b) Wild horses and burros shall be considered comparably with other 
resource values in the formulation of land use plans.

[[Page 899]]

    (c) Management activities affecting wild horses and burros shall be 
undertaken with the goal of maintaining free-roaming behavior.
    (d) In administering these regulations, the authorized officer shall 
consult with Federal and State wildlife agencies and all other affected 
interests, to involve them in planning for and management of wild horses 
and burros on the public lands.
    (e) Healthy excess wild horses and burros for which an adoption 
demand by qualified individuals exists shall be made available at 
adoption centers for private maintenance and care.
    (f) Fees shall normally be required from qualified individuals 
adopting excess wild horses and burros to defray part of the costs of 
the adoption program.



Sec. 4700.0-9  Collections of information.

    (a) The collections of information contained in this part have been 
approved by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq. and assigned clearance number 1004-0042. The information will be 
used to permit the authorized officer to remove wild horses and burros 
from private lands and to determine whether an application for adoption 
of and title to wild horses or burros should be granted. Response is 
required to obtain benefits under 16 U.S.C. 1333 and 1334.
    (b) Public reporting burden for this information is estimated to 
average 0.1652 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to the Information Collection Clearance Officer 
(783), Bureau of Land Management, Washington, DC 20240, and the Office 
of Management and Budget, Paperwork Reduction Project, 1004-0042, 
Washington, DC 20503.
[57 FR 29654, July 6, 1992]



                 Subpart 4710--Management Considerations



Sec. 4710.1  Land use planning.

    Management activities affecting wild horses and burros, including 
the establishment of herd management areas, shall be in accordance with 
approved land use plans prepared pursuant to part 1600 of this title.



Sec. 4710.2  Inventory and monitoring.

    The authorized officer shall maintain a record of the herd areas 
that existed in 1971, and a current inventory of the numbers of animals 
and their areas of use. When herd management areas are established, the 
authorized officer shall also inventory and monitor herd and habitat 
characteristics.



Sec. 4710.3  Management areas.



Sec. 4710.3-1  Herd management areas.

    Herd management areas shall be established for the maintenance of 
wild horse and burro herds. In delineating each herd management area, 
the authorized officer shall consider the appropriate management level 
for the herd, the habitat requirements of the animals, the relationships 
with other uses of the public and adjacent private lands, and the 
constraints contained in Sec. 4710.4. The authorized officer shall 
prepare a herd management area plan, which may cover one or more herd 
management areas.



Sec. 4710.3-2  Wild horse and burro ranges.

    Herd management areas may also be designated as wild horse or burro 
ranges to be managed principally, but not necessarily exclusively, for 
wild horse or burro herds.



Sec. 4710.4  Constraints on management.

    Management of wild horses and burros shall be undertaken with the 
objective of limiting the animals' distribution to herd areas. 
Management shall be at the minimum level necessary to attain the 
objectives identified in approved land use plans and herd management 
area plans.

[[Page 900]]



Sec. 4710.5  Closure to livestock grazing.

    (a) If necessary to provide habitat for wild horses or burros, to 
implement herd management actions, or to protect wild horses or burros, 
to implement herd management actions, or to protect wild horses or 
burros from disease, harassment or injury, the authorized officer may 
close appropriate areas of the public lands to grazing use by all or a 
particular kind of livestock.
    (b) All public lands inhabited by wild horses or burros shall be 
closed to grazing under permit or lease by domestic horses and burros.
    (c) Closure may be temporary or permanent. After appropriate public 
consultation, a Notice of Closure shall be issued to affected and 
interested parties.



Sec. 4710.6  Removal of unauthorized livestock in or near areas occupied by wild horses or burros.

    The authorized officer may establish conditions for the removal of 
unauthorized livestock from public lands adjacent to or within areas 
occupied by wild horses or burros to prevent undue harassment of the 
wild horses or burros. Liability and compensation for damages from 
unauthorized use shall be determined in accordance with subpart 4150 of 
this title.



Sec. 4710.7  Maintenance of wild horses and burros on privately controlled lands.

    Individuals controlling lands within areas occupied by wild horses 
and burros may allow wild horses or burros to use these lands. 
Individuals who maintain wild free-roaming horses and burros on their 
land shall notify the authorized officer and shall supply a reasonable 
estimate of the number of such animals so maintained. Individuals shall 
not remove or entice will horses or burros from the public lands.



                          Subpart 4720--Removal



Sec. 4720.1  Removal of excess animals from public lands.

    Upon examination of current information and a determination by the 
authorized officer that an excess of wild horses or burros exists, the 
authorized officer shall remove the excess animals immediately in the 
following order.
    (a) Old, sick, or lame animals shall be destroyed in accordance with 
subpart 4730 of this title;
    (b) Additional excess animals for which an adoption demand by 
qualified individuals exists shall be humanely captured and made 
available for private maintenance in accordance with subpart 4750 of 
this title; and
    (c) Remaining excess animals for which no adoption demand by 
qualified individuals exists shall be destroyed in accordance with 
subpart 4730 of this title.



Sec. 4720.2  Removal of strayed or excess animals from private lands.



Sec. 4720.2-1  Removal of strayed animals from private lands.

    Upon written request from the private landowner to any 
representative of the Bureau of Land Management, the authorized officer 
shall remove stray wild horses and burros from private lands as soon as 
practicable. The private landowner may also submit the written request 
to a Federal marshal, who shall notify the authorized officer. The 
request shall indicate the numbers of wild horses or burros, the date(s) 
the animals were on the land, legal description of the private land, and 
any special conditions that should be considered in the gathering plan.



Sec. 4720.2-2  Removal of excess animals from private lands.

    If the authorized officer determines that proper management requires 
the removal of wild horses and burros from areas that include private 
lands, the authorized officer shall obtain the written consent of the 
private owner before entering such lands. Flying aircraft over lands 
does not constitute entry.



   Subpart 4730--Destruction of Wild Horses or Burros and Disposal of 
                                 Remains



Sec. 4730.1  Destruction.

    Except as an act of mercy, no wild horse or burro shall be destroyed 
without the authorization of the authorized officer. Old, sick, or lame 
animals shall

[[Page 901]]

be destroyed in the most humane manner possible. Excess animals for 
which adoption demand does not exist shall be destroyed in the most 
humane and cost efficient manner possible.



Sec. 4730.2  Disposal of remains.

    Remains of wild horses or burros that die after capture shall be 
disposed of in accordance with State or local sanitation laws. No 
compensation of any kind shall be received by any agency or individual 
disposing of remains. The products of rendering are not considered 
remains.



                Subpart 4740--Motor Vehicles and Aircraft



Sec. 4740.1  Use of motor vehicles or aircraft.

    (a) Motor vehicles and aircraft may be used by the authorized 
officer in all phases of the administration of the Act, except that no 
motor vehicle or aircraft, other than helicopters, shall be used for the 
purpose of herding or chasing wild horses or burros for capture or 
destruction. All such use shall be conducted in a humane manner.
    (b) Before using helicopters or motor vehicles in the management of 
wild horses or burros, the authorized officer shall conduct a public 
hearing in the area where such use is to be made.



Sec. 4740.2  Standards for vehicles used for transport of wild horses and burros.

    (a) Use of motor vehicles for transport of wild horses or burros 
shall be in accordance with appropriate local, State and Federal laws 
and regulations applicable to the humane transportation of horses and 
burros, and shall include, but not be limited to, the following 
standards:
    (1) The interior of enclosures shall be free from protrusion that 
could injure animals;
    (2) Equipment shall be in safe conditions and of sufficient strength 
to withstand the rigors of transportation;
    (3) Enclosures shall have ample head room to allow animals to stand 
normally;
    (4) Enclosures for transporting two or more animals shall have 
partitions to separate them by age and sex as deemed necessary by the 
authorized officer;
    (5) Floors of enclosures shall be covered with nonskid material;
    (6) Enclosures shall be adequately ventilated and offer sufficient 
protection to animals from inclement weather and temperature extremes; 
and
    (7) Unless otherwise approved by the authorized officer, 
transportation shall be limited in sequence to a maximum of 24 hours 
followed by a minimum of 5 hours of on-the-ground rest with adequate 
feed and water.
    (b) The authorized officer shall not load wild horses or burros if 
he/she determines that the vehicle to be used for transporting the wild 
horses or burros is not satisfactory for that purpose.



                    Subpart 4750--Private Maintenance



Sec. 4750.1  Private maintenance.

    The authorized officer shall make available for private maintenance 
all healthy excess wild horses or burros for which an adoption demand by 
qualified individuals exists.



Sec. 4750.2  Health, identification, and inspection requirements.



Sec. 4750.2-1  Health and identification requirements.

    (a) An individual determined to be qualified by the authorized 
officer shall verify each excess animal's soundness and good health, 
determine its age and sex, and administer immunizations, worming 
compounds, and tests for communicable diseases.
    (b) Documentation conforming compliance with State health inspection 
and immunization requirements for each wild horse or burro shall be 
provided to each adopter by the authorized officer.
    (c) Each animal offered for private maintenance, including orphan 
and unweaned foals, shall be individually identified by the authorized 
officer with a permanent freeze mark of alpha numeric symbols on the 
left side of its neck. The freeze mark identifies the animal as Federal 
property subject to the provisions of the Act and these regulations by a 
patented symbol, the animal's year of birth, and its individual

[[Page 902]]

identification number. The authorized officer shall record the freeze 
mark on the documentation of health and immunizations. For purposes of 
this subpart, a freeze mark applied by the authorized officer is not 
considered a brand.



Sec. 4750.2-2  Brand inspection.

    The authorized officer shall make arrangements on behalf of an 
adopter for State inspection of brands, where applicable, of each animal 
to be transported across the State where the adoption center is located. 
The adopter shall be responsible for obtaining inspections for brands 
required by other States to or through which the animal may be 
transported.



Sec. 4750.3  Application requirements for private maintenance.



Sec. 4750.3-1  Application for private maintenance of wild horses and burros.

    An individual applying for a wild horse or burro shall file an 
application with the Bureau of Land Management on a form approved by the 
Director.



Sec. 4750.3-2  Qualification standards for private maintenance.

    (a) To qualify to receive a wild horse or burro for private 
maintenance, an individual shall:
    (1) Be 18 years of age or older;
    (2) Have no prior conviction for inhumane treatment of animals or 
for violation of the Act or these regulations;
    (3) Have adequate feed, water, and facilities to provide humane care 
to the number of animals requested. Facilities shall be in safe 
condition and of sufficient strength and design to contain the animals. 
The following standards apply:
    (i) A minimum space of 144 square feet shall be provided for each 
animal maintained, if exercised daily; otherwise, a minimum of 400 
square feet shall be provided for each animal;
    (ii) Until fence broken, adult horses shall be maintained in an 
enclosure at least 6 feet high; burros in an enclosure at least 4\1/2\ 
feet high; and horses less than 18 months old in an enclosure at least 5 
feet high. Materials shall be protrusion-free and shall not include 
large-mesh woven or barbed wire;
    (iii) Shelter shall be available to mitigate the effects of 
inclement weather and temperature extremes. The authorized officer may 
require that the shelter be a structure, which shall be well-drained and 
adequately ventilated;
    (iv) Feed and water shall be adequate to meet the nutritional 
requirements of the animals, based on their age, physiological condition 
and level of activity; and
    (4) Have obtained no more than 4 wild horses and burros within the 
preceding 12-month period, unless specifically authorized in writing by 
the authorized officer.
    (b) The authorized officer shall determine an individual's 
qualifications based upon information provided in the application form 
required by Sec. 4750.3-1 of this subpart and Bureau of Land Management 
records of any previous private maintenance by the individual under the 
Act.



Sec. 4750.3-3  Supporting information and certification for private maintenance of more than 4 wild horses or burros.

    (a) An individual applying to adopt more than 4 wild horses or 
burros within a 12-month period, or an individual or group of 
individuals requesting to maintain more than 4 wild horses or burros at 
a single location shall provide a written report prepared by the 
authorized officer, or by a local humane official, veterinarian, 
cooperative extension agent, or similarly qualified person approved by 
the authorized officer, verifying that the applicant's facilities have 
been inspected, appear adequate to care for the number of animals 
requested, and satisfy the requirements contained in Sec. 4750.3-2(a).
    (1) The report shall include a description of the facilities, 
including corral sizes, pasture size, and shelter, barn, or stall 
dimensions, and shall note any discrepancies between the facilities 
inspected and representations made in the application form.
    (2) When an applicant requests 25 or more animals or when 25 or more 
animals will be maintained at any single location regardless of the 
number of

[[Page 903]]

applicants, the facilities for maintaining the adopted animals shall be 
inspected by the authorized officer prior to approving the application.
    (b) The Authorized Officer will not approve an adoption in which the 
Private Maintenance and Care Agreement will be signed by an individual 
holding the power of attorney of the adopter where the adopted animals 
will be maintained in groups of more than 4 untitled wild horses or 
burros in one location.
    (c) Any individual holding one or more powers of attorney to sign 
the Private Maintenance and Care Agreement(s) and who will transport 
more than 4 wild horses or burros on behalf of adoption applicants shall 
provide the following:
    (1) A summary of the age, sex, and number of wild free-roaming 
horses or burros requested by species;
    (2) Requested adoption date and center location;
    (3) Names, addresses, and telephone numbers of all applicants 
represented by a power of attorney submitted with the request;
    (4) A transportation plan that describes the transport vehicle and 
any rest stops;
    (5) A distribution plan for delivering the animals to their assigned 
adopters; and
    (6) Names, addresses, and a concise summary of the experience of the 
individuals who will handle the adopted animals during transportation 
and distribution.
[51 FR 7414, Mar. 3, 1986, as amended at 55 FR 39152, Sept. 25, 1990]



Sec. 4750.3-4  Approval or disapproval of applications.

    If an application is approved, the authorized officer shall offer 
the individual an opportunity to select the appropriate number, sex, age 
and species of animals from those available. If the authorized officer 
disapproves an application for private maintenance because the applicant 
lacks adequate facilities or transport, the individual may correct the 
shortcoming and file a new application.



Sec. 4750.4  Private maintenance of wild horses and burros.



Sec. 4750.4-1  Private Maintenance and Care Agreement.

    To obtain a wild horse or burro, a qualified applicant shall execute 
a Private Maintenance and Care Agreement and agree to abide by its terms 
and conditions, including but not limited to the following:
    (a) Title to wild horses and burros covered by the agreement shall 
remain in the Federal Government for at least 1 year after the Private 
Maintenance and Care Agreement is executed and until a Certificate of 
Title is issued by the authorized officer;
    (b) Wild horses and burros covered by the agreement shall not be 
transferred for more than 30 days to another location or to the care of 
another individual without the prior approval of the authorized officer;
    (c) Wild horses and burros covered by the agreement shall be made 
available for physical inspection within 7 days of receipt of a written 
request by the authorized officer;
    (d) The authorized officer shall be notified within 7 days of 
discovery of the death, theft or escape of wild horses and burros 
covered by the agreement;
    (e) Adopters are financially responsible for the proper care and 
treatment of all wild horses and burros covered by the agreement;
    (f) Adopters are responsible, as provided by State law, for any 
personal injury, property damage, or death caused by animals in their 
care; for pursuing animals that escape or stray; and for costs of 
recapture.
    (g) Adopters shall notify the authorized officer within 30 days of 
any change in the adopter's address; and
    (h) Adopters shall dispose of remains in accordance with applicable 
sanitation laws.



Sec. 4750.4-2  Adoption fee.

    (a) Does BLM charge an adoption fee for wild horses and burros?
    You must pay an adoption fee for each wild horse or burro you adopt. 
Usually BLM will charge you a $125 base fee. BLM will not charge you an 
adoption fee for orphan foals.

[[Page 904]]

    (b) Can BLM increase the adoption fee?
    Yes, BLM may increase the adoption fee. BLM may hold competitive 
adoption events for wild horses or burros. At competitive adoptions, 
qualified adopters set adoption fees through competitive bidding. For 
these adoptions, the fee is the highest bid received over the base fee 
of $125. Horses or burros remaining at the end of a competitive adoption 
event will be available for adoption at the established adoption fee.
    (c) May BLM reduce or waive the adoption fee?
    (1) The BLM Director may reduce or waive the fee when wild horses or 
burros are un-adoptable at the base adoption fee.
    (2) A reduction or waiver of the adoption fee is available only if 
you are willing to comply with all regulations relating to wild horses 
and burros.
[62 FR 5339, Feb. 5, 1997]



Sec. 4750.4-3  Request to terminate Private Maintenance and Care Agreement.

    An adopter may request to terminate his/her responsibility for an 
adopted animal by submitting a written relinquishment of the Private 
Maintenance and Care Agreement for that animal. The authorized officer 
shall arrange to transfer the animal to another qualified applicant or 
take possession of the animal at a location specified by the authorized 
officer within 30 days of receipt of the written request for 
relinquishment.



Sec. 4750.4-4  Replacement animals.

    The authorized officer shall replace an animal, upon request by the 
adopter, if (a) within 6 months of the execution of the Private 
Maintenance and Care Agreement the animal dies or is required to be 
destroyed due to a condition that existed at the time of placement with 
the adopter; and (b) the adopter provides, within a reasonable time, a 
statement by a veterinarian certifying that reasonable care and 
treatment would not have corrected the condition. Transportation of the 
replacement animal shall be the responsibility of the adopter.



Sec. 4750.5  Application for title to wild horses and burros.

    (a) The adopter shall apply for title, using a form designated by 
the Director, upon signing the Private Maintenance and Care Agreement.
    (b) The authorized officer shall issue a Certificate of Title after 
12 months, if the adopter has complied with the terms and conditions of 
the agreement and the authorized officer determines, based either on a 
field inspection or a statement provided by the adopter from a 
veterinarian, extension agent, local humane official, or other 
individual acceptable to the authorized officer, that the animal or 
animals covered by the Agreement have received proper care and humane 
treatment.
    (c) An adopter may not obtain title to more than 4 animals per 12-
month period of private maintenance. Effective the date of issuance of 
the Certificate of Title, Federal ownership of the wild horse or burro 
ceases and the animal loses its status as a wild horse or burro and is 
no longer under the protection of the Act or regulations under this 
title.



                        Subpart 4760--Compliance



Sec. 4760.1  Compliance with the Private Maintenance and Care Agreement.

    (a) An adopter shall comply with the terms and conditions of the 
Private Maintenance and Care Agreement and these regulations. The 
authorized officer may verify compliance by visits to an adopter, 
physical inspections of the animals, and inspections of the facilities 
and conditions in which the animals are being maintained. The authorized 
officer may authorize a cooperative extension agent, local humane 
official or similarly qualified individual to verify compliance.
    (b) The authorized officer shall verify compliance with the terms of 
the Private Maintenance and Care Agreement when an adopter has received 
25 or more animals or when 25 or more animals are maintained at a single 
location.
    (c) The authorized officer shall conduct an investigation when a 
complaint concerning the care, treatment,

[[Page 905]]

or use of a wild horse or burro is received by the Bureau of Land 
Management.
    (d) The authorized officer may require, as a condition for 
continuation of a Private Maintenance and Care Agreement, that an 
adopter take specific corrective actions if the authorized officer 
determines that an animal is not receiving proper care or is being 
maintained in unsatisfactory conditions. The adopter shall be given 
reasonable time to complete the required corrective actions.



  Subpart 4770--Prohibited Acts, Administrative Remedies, and Penalties



Sec. 4770.1  Prohibited acts.

    The following acts are prohibited:
    (a) Maliciously or negligently injuring or harassing a wild horse or 
burro;
    (b) Removing or attempting to remove a wild horse or burro from the 
public lands without authorization from the authorized officer;
    (c) Destroying a wild horse or burro without authorization from the 
authorized officer except as an act of mercy;
    (d) Selling or attempting to sell, directly or indirectly, a wild 
horse or burro or its remains;
    (e) Commercially exploiting a wild horse or burro;
    (f) Treating a wild horse or burro inhumanely;
    (g) Violating a term or condition of the Private Maintenance and 
Care Agreement;
    (h) Branding a wild horse or burro;
    (i) Removing or altering a freeze mark on a wild horse or burro;
    (j) Violating an order, term, or condition established by the 
authorized officer under this part.



Sec. 4770.2  Civil penalties.

    (a) A permittee or lessee who has been convicted of any of the 
prohibited acts found in Sec. 4770.1 of this title may be subject to 
suspension or cancellation of the permit or lease.
    (b) An adopter's failure to comply with the terms and conditions of 
the Private Maintenance and Care Agreement may result in the 
cancellation of the agreement, repossession of wild horses and burros 
included in the agreement and disapproval of requests by the adopted for 
additional excess wild horses and burros.



Sec. 4770.3  Administrative remedies.

    (a) Any person who is adversely affected by a decision of the 
authorized officer in the administration of these regulations may file 
an appeal. Appeals and petitions for stay of a decision of the 
authorized officer must be filed within 30 days of receipt of the 
decision in accordance with 43 CFR part 4.
    (b) Notwithstanding the provisions of paragraph (a) of Sec. 4.21 of 
this title, the authorized officer may provide that decisions to cancel 
a Private Maintenance and Care Agreement shall be effective upon 
issuance or on a date established in the decision so as to allow 
repossession of wild horses or burros from adopters to protect the 
animals' welfare.
    (c) Notwithstanding the provisions of paragraph (a) of Sec. 4.21 of 
this title, the authorized officer may provide that decisions to remove 
wild horses or burros from public or private lands in situations where 
removal is required by applicable law or is necessary to preserve or 
maintain a thriving ecological balance and multiple use relationship 
shall be effective upon issuance or on a date established in the 
decision.
[59 FR 7643, Feb. 16, 1994]



Sec. 4770.4  Arrest.

    The Director of the Bureau of Land Management may authorize an 
employee who witnesses a violation of the Act or these regulations to 
arrest without warrant any person committing the violation, and to take 
the person immediately for examination or trial before an officer or 
court of competent jurisdiction. Any employee so authorized shall have 
power to execute any warrant or other process issued by an officer or 
court of competent jurisdiction to enforce the provisions of the Act or 
these regulations.



Sec. 4770.5  Criminal penalties.

    Any person who commits any act prohibited in Sec. 4770.1 of these 
regulations shall be subject to a fine of not more than $2,000 or 
imprisonment for not more than 1 year, or both, for each

[[Page 906]]

violation. Any person so charged with such violation by the authorized 
officer may be tried and sentenced by a United States Commissioner or 
magistrate, designated for that purpose by the court by which he/she was 
appointed, in the same manner and subject to the same conditions as 
provided in 18 U.S.C. 3401.

[[Page 907]]



                 SUBCHAPTER E--FOREST MANAGEMENT (5000)





Group 5000--Forest Management General--Table of Contents






PART 5000--ADMINISTRATION OF FOREST MANAGEMENT DECISIONS--Table of Contents






                  Subpart 5003--Administrative Remedies



Sec. 5003.1  Effect of decisions; general.

    The filing of a notice of appeal under part 4 of this title shall 
not automatically suspend the effect of a decision governing or relating 
to forest management as described under subparts 5003.2 and 5003.3.

(43 U.S.C. 1181(a); 30 U.S.C. 601 et seq.; 43 U.S.C. 1701)
[49 FR 28561, July 13, 1984]



Sec. 5003.2  Notice of forest management decisions.

    (a) The authorized officer shall, when the public interest requires, 
specify when a decision governing or relating to forest management shall 
be implemented through the publication of a notice of decision in a 
newspaper of general circulation in the area where the lands affected by 
the decision are located, establishing the effective date of the 
decision. The notice in the newspaper shall reference 43 CFR subpart 
5003--Administrative remedies.
    (b) When a decision is made to conduct an advertised timber sale, 
the notice of such sale shall constitute the decision document.
    (c) For all decisions relating to forest management except 
advertised timber sales, the notice and decision document shall contain 
a concise statement of the circumstances requiring the action.

(43 U.S.C. 1181(a); 30 U.S.C. 601 et seq.; 43 U.S.C. 1701)
[49 FR 28561, July 13, 1984]



Sec. 5003.3  Protests.

    (a) Protests of a forest management decision, including advertised 
timber sales, may be made within 15 days of the publication of a notice 
of decision or notice of sale in a newspaper of general circulation.
    (b) Protests shall be filed with the authorized officer and shall 
contain a written statement of reasons for protesting the decision.
    (c) Protests received more than 15 days after the publication of the 
notice of decision or the notice of sale are not timely filed and shall 
not be considered.
    (d) Upon timely filing of a protest, the authorized officer shall 
reconsider the decision to be implemented in light of the statement of 
reasons for the protest and other pertinent information available to 
him/her.
    (e) The authorized officer shall, at the conclusion of his/her 
review, serve his/her decision in writing on the protesting party.
    (f) Upon denial of a protest filed under paragraph (a) of this 
section the authorized officer may proceed with implementation of the 
decision.

(43 U.S.C. 1181(a); 30 U.S.C. 601 et seq.; 43 U.S.C. 1701)
[49 FR 28561, July 13, 1984]



PART 5040--SUSTAINED YIELD UNIT AND COOPERATIVE AGREEMENTS--Table of Contents




 Subpart 5040--Sustained Yield Unit and Cooperative Agreements; General

Sec.
5040.0-3  Authority.

                Subpart 5041--Annual Productive Capacity

5041.1  Determination of annual productive capacity.

                       Subpart 5042--Master Units

5042.1  Master units and appurtenant marketing areas.
5042.2  Hearings concerning master units.
5042.3  Notice of hearings concerning master units.

               Subpart 5043--Sustained-Yield Forest Units

5043.1  Establishment of units.
5043.2  Hearings concerning sustained-yield forest units and cooperative 
          agreements.
5043.3  Notice of hearings concerning forest units and cooperative 
          agreements.

[[Page 908]]

          Subpart 5044--Cooperative Sustained-Yield Agreements

5044.1  General items of agreements.
5044.2  Qualifications for agreement.
5044.3  Forms of agreement.
5044.4  Execution of agreement.

                         Subpart 5045--Exchanges

5045.1  O. and C. timber lands.

    Authority:  Sec. 5, 50 Stat. 875; 43 U.S.C. 1181e.



 Subpart 5040--Sustained Yield Unit and Cooperative Agreements; General



Sec. 5040.0-3  Authority.

    (a) The Act of August 28, 1937 (50 Stat. 874), relates to the 
administration of the revested Oregon and California Railroad and the 
reconveyed Coos Bay Wagon Road grant lands in Oregon, both of which are 
hereinafter referred to as O. and C. lands. It provides that such 
portions of those lands now or hereafter under the jurisdiction of the 
Department of the Interior, which have heretofore or may hereafter be 
classified as timber lands, and powersite lands valuable for timber, 
shall be managed, except as provided in section 3 of the Act, for 
permanent forest production, and the timber thereon shall be sold, cut 
and removed in conformity with the principle of sustained yield for the 
purpose of providing a permanent source of timber supply, protecting 
watersheds, regulating stream flow, and contributing to the economic 
stability of local communities and industries, and providing 
recreational facilities. Nothing contained in the act shall be construed 
to interfere with the use and development of power sites as may be 
authorized by law.
    (b) Section 1 of the Act authorizes the Secretary of the Interior, 
if he determines that such action will facilitate sustained-yield 
management, to subdivide the revested lands into sustained-yield forest 
units, the boundary lines of which shall be so established that each 
will provide, so far as practicable, a permanent source of raw materials 
for the support of dependent communities and local industries of the 
region. The boundaries of such forest units may be established only 
after hearings are conducted in the vicinity of such lands.
    (c) Section 2 of the Act authorizes the Secretary to make 
cooperative agreements with other Federal or State administrative 
agencies or with private forest owners or operators for the coordinated 
management, with respect to time, rate, and method of cutting, and 
sustained yield, of forest units comprising parts of revested or 
reconveyed lands, together with lands in private ownership or under the 
administration of other public agencies, when by such agreements he may 
be aided in accomplishing the purposes of the Act.
[35 FR 9781, June 13, 1970]



                Subpart 5041--Annual Productive Capacity



Sec. 5041.1  Determination of annual productive capacity.

    The authorized officer of the Bureau of Land Management shall 
determine and declare the annual productive capacity of the O. and C. 
lands under the principle of sustained yield. The lands shall be treated 
as a single unit for the purpose of applying the principle of sustained 
yield, except that upon the establishment of one or more sustained-yield 
forest units in accordance with Sec. 5043.1, each such unit shall be 
treated separately in the determination of its annual productive 
capacity and the average annual cut of timber.
[35 FR 9782, June 13, 1970]



                       Subpart 5042--Master Units

    Source:  35 FR 9782, June 13, 1970, unless otherwise noted.



Sec. 5042.1  Master units and appurtenant marketing areas.

    As a basis for studies leading to the formulation of plans for the 
sustained-yield forest units and cooperative agreements authorized by 
the Act, and in order to facilitate administration under the Act, the 
authorized officer,

[[Page 909]]

after the determination and declaration of the annual sustained-yield 
productive capacity of the O. and C. lands, will divide the entire area 
of the O. and C., intermingled and contiguous lands into master units, 
on the basis of natural groupings of such lands related to each other by 
physical and economic factors, and will declare an appurtenant marketing 
area for each such master unit.



Sec. 5042.2  Hearings concerning master units.

    (a) In order that the Director may obtain the aid and advice of 
interested persons and agencies, and the public may be informed as to 
contemplated plans, a public hearing will be held in connection with 
each proposed master unit. Such hearing will be held in the vicinity of 
the lands involved and will be open to the attendance of all interested 
persons, including State and local officers and representatives of 
dependent industries and labor. The hearing will be conducted by a 
representative or representatives of the Department of the Interior.
    (b) At the conclusion of the hearing, the minutes thereof, together 
with appropriate recommendations, shall be forwarded to the Director. 
The Director will thereafter take such action as he deems appropriate 
and due notice thereof will be given to the public.



Sec. 5042.3  Notice of hearings concerning master units.

    (a) Before any hearing is held in connection with a master unit, 
notice thereof will be published, once a week for four consecutive weeks 
in a newspaper of general circulation in the county or counties in which 
the proposed master unit and the appurtenant marketing area are 
situated, and once in the Federal Register. The notice may also be 
published in a trade paper, if such publication is desirable.
    (b) Such notice shall be approved by the Director.



               Subpart 5043--Sustained-Yield Forest Units

    Source:  35 FR 9782, June 13, 1970, unless otherwise noted.



Sec. 5043.1  Establishment of units.

    Sustained-yield forest units will be established by the Director 
within the boundaries of each master unit in such manner that each 
forest unit will contain sufficient forest land to furnish a sustained 
supply of timber to forest industries upon which a local community 
depends and to constitute a suitable basis for a cooperative agreement. 
Due consideration shall be given to establish lumbering operations for 
the purpose of protecting dependent communities against adverse economic 
effects. Each forest unit shall be established so as to promote the 
widest distribution of the benefits of sustained-yield management to all 
forest owners, operators, workers and dependent communities affected 
thereby.



Sec. 5043.2  Hearings concerning sustained-yield forest units and cooperative agreements.

    Prior to the establishment of a sustained-yield forest unit, a 
public hearing shall be held in the vicinity of the lands involved, in 
accordance with section 1 of the Act. Plans for the establishment of the 
unit and the execution of a cooperative agreement shall be considered at 
such hearing. The hearing will be conducted in the same manner as 
hearings concerning master units, as set forth in Sec. 5042.2. The 
representative or representatives of the Department of the Interior who 
conduct the hearing will upon its conclusion make appropriate 
recommendations to the Director concerning the establishment of the 
forest unit and the execution of the cooperative agreement, forwarding 
at the same time a copy of the minutes of the hearing. The Director 
thereafter will take such action as he deems appropriate and due notice 
thereof will be given to the public.



Sec. 5043.3  Notice of hearings concerning forest units and cooperative agreements.

    The provisions of Sec. 5042.3 relative to notice of hearings 
concerning a master unit shall be applicable to the hearing in 
connection with the establishment of a sustained-yield forest unit and 
the execution of a cooperative agreement.

[[Page 910]]



          Subpart 5044--Cooperative Sustained-Yield Agreements

    Source:  35 FR 9782, June 13, 1970, unless otherwise noted.



Sec. 5044.1  General items of agreements.

    (a) The formulation and administration of cooperative agreements 
shall be guided by a policy of promoting the widest distribution of the 
benefits obtainable under sustained-yield management, and of preventing 
monopoly.
    (b) A prerequisite to participation in the cooperative agreement 
covering a sustained-yield forest unit will be either (1) ownership of 
land therein upon which timber is growing in commercial quantities, or 
of cutover and other lands which have been restocked or are suitable 
primarily for the production of timber in commercial quantities, or (2) 
sufficient rights or interests in the timber within the unit to enable 
the holder of such rights or interests to fulfill the obligations 
involved in commitment to the agreement.
    (c) In each cooperative agreement the parties shall agree, in 
consideration of the benefits conferred by such agreement, that the 
forest management of their lands shall be conducted in such manner as 
may be necessary to effectuate the purposes of the Act. Each such 
cooperative agreement shall provide for:
    (1) The disposition of timber from the Federal land in the forest 
unit to cooperating parties without competitive bidding at appraised 
prices, in accordance with sustained-yield management plans formulated 
or approved by the Director;
    (2) The time, rate, and method of cutting timber from any lands 
committed to such agreement;
    (3) The terms and conditions, but not the price, upon which private 
cooperating parties may sell to any person timber from their lands;
    (4) The terms and conditions upon which additional lands, timber, or 
parties may be admitted to the agreement subsequent to its original 
execution;
    (5) The protection of the reasonable interests of other owners or 
operators within the unit, of workers and others affected by the 
execution of such cooperative agreement, and of communities dependent 
upon the timber within such unit; and
    (6) Such other matters as the Director shall determine are necessary 
or proper to achieve the objectives of the Act.
    (d) The provisions of a cooperative agreement, except as therein 
otherwise provided, shall prevail, in the administration and disposal of 
O. and C. timber included in such agreement, over the regulations of the 
Secretary of the Interior theretofore applicable to such timber.



Sec. 5044.2  Qualifications for agreement.

    Any individual who wishes to obtain the rights of a producer under a 
cooperative agreement will be required to furnish satisfactory proof, 
prior to the execution of the agreement, that he is a citizen of the 
United States, or, if a partnership or association, that each member 
thereof is such a citizen. A corporation which wishes to become a party 
to such an agreement must file a certified copy of its articles of 
incorporation to show that it was organized under the laws of the United 
States or of some State, territory, or possession thereof, as well as a 
statement setting forth the name, residence, citizenship, and amount of 
stock held by each of its stockholders, separately listing those of 
alien citizenship, A corporation organized outside of the State of 
Oregon must also file a certificate by the proper State official that it 
is authorized to do business within the State of Oregon. The Director, 
in his discretion, may require a corporate party to a cooperative 
agreement to furnish additional information as to the ownership of its 
stock and may deny participation in a cooperative agreement to a 
corporation, any of whose stock is owned, held, or controlled by 
citizens of another country.



Sec. 5044.3  Forms of agreement.

    The standard form for cooperative agreements between the United 
States and owners and operators of non-Federal lands, heretofore 
approved by the Secretary of the Interior, will be made available 
through the State Director, Portland, Oregon. Changes in the form of 
agreement may be made by the Director, from time to time when such

[[Page 911]]

changes are warranted by peculiar circumstances in a forest unit, or to 
reflect the experience gained from the operation of previous agreements. 
All such changes shall be consistent with the retention by the Director, 
of the authority necessary to accomplish the objectives of the Act. 
Where Federal lands not under the jurisdiction of the Secretary of the 
Interior are involved, different forms will likewise be adopted.



Sec. 5044.4  Execution of agreement.

    The Director of the Bureau of Land Management, after consideration 
of the minutes of the hearing and the recommendation of the hearing 
officer, will execute the agreement if he is of the opinion that it will 
promote the achievement of the objectives of the Act and is otherwise in 
the public interest. No rights shall accrue to a party under a 
cooperative agreement until the Director has executed the agreement on 
behalf of the United States.



                         Subpart 5045--Exchanges



Sec. 5045.1  O. and C. timber lands.

    Exchanges for the purpose of consolidating and segregating O. and C. 
timber lands, or which otherwise are in furtherance of the O. and C. 
timber management program are authorized by the Act of July 31, 1939 (53 
Stat. 1144), and the regulations thereunder. (See subpart 2200 of this 
chapter.)
[35 FR 9783, June 13, 1970]



                  Group 5400--Sales of Forest Products

    Note:  The information collection requirements contained in parts 
5400, 5420, 5440, 5450 and 5470 of Group 5400 have been approved by the 
Office of Management and Budget under 44 U.S.C. 3507 and assigned 
clearance numbers 1004-0058, 1004-0076, 1004-0112, 1004-0113 and 1004-
0152. The information is being collected to permit the authorized 
officer to determine whether an individual is qualified to purchase 
timber located on the public lands. The information will be used to make 
this determination. A response is required to obtain a benefit.

[48 FR 40890, Sept. 12, 1983, as amended at 50 FR 26677, June 27, 1985]



PART 5400--SALES OF FOREST PRODUCTS; GENERAL--Table of Contents




             Subpart 5400--Sales of Forest Products; General

Sec.
5400.0-3  Authority.
5400.0-5  Definitions.
5400.0-7  Public hearings to determine surplus quantities and species of 
          unprocessed timber.

                 Subpart 5401--Advertised Sales; General

5401.0-6  Policy.

           Subpart 5402--Other Than Advertised Sales; General

5402.0-6  Policy.

    Authority:  61 Stat. 681, as amended, 69 Stat. 367, 48 Stat. 1269, 
sec. 11, 30 Stat. 414, as amended, sec. 5, 50 Stat. 875; 30 U.S.C. 601 
et seq., 43 U.S.C. 315, 1181a, 16 U.S.C. 607a, and 43 U.S.C. 1701 et 
seq.



             Subpart 5400--Sales of Forest Products; General



Sec. 5400.0-3  Authority.

    (a) The Act of August 28, 1937 (43 U.S.C. 1181a) authorizes the sale 
of timber from the Revested Oregon and California Railroad and 
Reconveyed Coos Bay Wagon Road Grant Lands and directs that such lands 
shall be managed for permanent forest production and the timber thereon 
sold, cut and removed in conformity with the principle of sustained 
yield for the purpose of providing a permanent source of timber supply, 
protecting watersheds, regulating streamflow and contributing to the 
economic stability of local communities and industries, and providing 
recreational facilities.
    (b) The Act of July 31, 1947, as amended (30 U.S.C. 601 et seq.) 
authorizes the disposal of timber and other vegetative resources on 
public lands of the United States including lands embraced within an 
unpatented mining claim located after July 23, 1955, if the disposal of 
such resources is not otherwise expressly authorized by law including, 
but not limited to, the Act of June 28, 1934, as amended (43 U.S.C. 315 
through 315o-1) and the U.S. mining laws; is not expressly prohibited by 
laws of the

[[Page 912]]

United States; and would not be detrimental to the public interest.
    (1) The Act also authorizes the United States, its permittees, and 
licensees to use so much of the surface of any unpatented mining claim 
located under the mining law of the United States after July 23, 1955, 
as may be necessary for access to adjacent land for the purposes of such 
permittees or licensees. Any authorized use of the surface of any such 
mining claim shall be such as not to endanger or materially interfere 
with prospecting, mining, or processing operations or uses reasonably 
incident thereto.
    (2) Where the lands have been withdrawn in aid of a function of a 
Federal department or agency other than the Department of the Interior, 
or of a State county, municipality, water district, or other local 
governmental subdivision or agency, the Secretary of the Interior may 
make disposals under the regulations in this subpart only with the 
consent of such other Federal department or agency or of such State, or 
local governmental unit. The Act provides, however, that the Secretary 
of Agriculture shall dispose of materials if such materials are on lands 
administered by the Secretary of Agriculture for national forest 
purposes or for purposes of title III of the Bankhead-Jones Farm Tenant 
Act or where withdrawn for the purpose of any other function of the 
Department of Agriculture.
    (3) The provisions of the Act in disposal of vegetative or mineral 
materials do not apply to lands in any national park, or national 
monument or to any Indian lands or lands set aside or held for the use 
or benefit of Indians including lands over which jurisdiction has been 
transferred to the Department of the Interior by Executive order for the 
use of Indians.
    (c) The Department of the Interior and Related Agencies 
Appropriation Act, 1976 (Pub. L. 94-165) prohibits the use of funds 
appropriated thereunder for sale of unprocessed timber from Federal 
lands west of the 100th meridian in the contiguous 48 States which will 
be exported from the United States, or which will be used as a 
substitute for timber from private lands which is exported by the 
purchaser. The law also provides that the export restriction shall not 
apply to specific quantities of grades and species of timber which the 
Secretary of the Interior determines to be surplus to domestic lumber 
and plywood manufacturing needs.
    (d) Authority for small sales of timber for use in Alaska is 
contained in the Act of May 14, 1898, as amended (16 U.S.C. 615a).
    (e) Authority to enforce the provisions of this title is contained 
in the Federal Land Policy and Management Act of 1976, as amended (43 
U.S.C. 1701 et seq.).
[37 FR 22797, Oct. 25, 1972, as amended at 41 FR 12659, Mar. 26, 1976; 
56 FR 10174, Mar. 11, 1991]



Sec. 5400.0-5  Definitions.

    Except as the context may otherwise indicate, as the terms are used 
in parts 5400-5490 of this chapter and in contracts issued thereunder:
    Affiliate means a business entity including but not limited to an 
individual, partnership, corporation, or association, which controls or 
is controlled by a purchaser, or, along with a purchaser, is controlled 
by a third business entity.
    Authorized Officer means an employee of the Bureau of Land 
Management, to whom has been delegated the authority to take action.
    Bureau means the Bureau of Land Management, Department of the 
Interior.
    Commercial use means use intended for resale, barter, or trade, or 
for profit.
    Director means the Director of the Bureau of Land Management.
    Fair Market value means the price forest products will return when 
offered for competitive sale on the open market. Determination of fair 
market value will be made in accordance with procedures in BLM Manual 
9354.
    Federal lands means all lands administered by the Department of the 
Interior west of the 100th meridian in the contiguous 48 States with the 
exception of tribal and trust allotted lands managed by the Bureau of 
Indian Affairs on behalf of the Indians.
    Federal timber means timber sold by the Bureau of Land Management as 
used under these regulations.

[[Page 913]]

    Incidental use means personal use of other vegetative resources on 
the site where they are obtained, or, if they are transported to a 
secondary location, personal use of the resources within a reasonable 
period of time by the person obtaining them.
    Loading point means any landing or other area in which logs are 
capable of being loaded for transportation out of the contract area: 
Provided, however, That right-of-way timber which has been cut shall not 
be considered to be at a loading point until such time as logs from any 
source are actually transported over that portion of the right-of-way.
    Nonwillful means an action which is inadvertent, mitigated in 
character by the belief that the conduct is reasonable or legal.
    O. and C. Lands means the Revested Oregon and California Railroad 
and Reconveyed Coos Bay Wagon Road Grant Lands and other lands 
administered by the Bureau of Land Management under the provisions of 
the Act of August 28, 1937 (50 Stat. 874).
    Operating season means the time of the year in which operations of 
the type required to complete the contract are normally conducted in the 
location encompassing the subject timber sale, or the time of the year 
specified in the timber sale contract when such operations are 
permitted.
    Operating time means a period of time during the operating season.
    Other vegetative resources means all vegetative material that is not 
normally measured in board feet, but can be sold or removed from public 
lands by means of the issuance of a contract or permit.
    Permit means authorization in writing by the authorized officer or 
other person authorized by the United States Government, and is a 
contract between the permittee and the United States.
    Personal use means use other than for sale, barter, trade, or 
obtaining a profit.
    Product value means the stumpage value of timber or the fair market 
value of other vegetative resources.
    Public lands means any land and interest in land owned by the United 
States within the several States and administered by the Secretary of 
the Interior through the Bureau of Land Management, without regard to 
how the United States acquired ownership.
    Purchaser means a business entity including, but not limited to, an 
individual, partnership, corporation, or association that buys Federal 
timber or other vegetative resources.
    Sale value means the contract value of the stumpage sold under the 
contract.
    Set-aside means a designation of timber for sale which is limited to 
bidding by small business concerns as defined by the Small Business 
Administration in its regulations (13 CFR part 121) under the authority 
of section 15 of the Small Business Act of July 18, 1958 (72 Stat. 384).
    Substitution means:
    (1) The purchase of a greater volume of Federal timber by an 
individual purchaser than has been his historic pattern within twelve 
(12) months of the sale of export by the same purchaser of a greater 
volume of his private timber than has been his historic pattern during 
the preceding twelve (12) months, exclusive of Federal timber purchased 
by negotiated sale for right-of-way purposes, and
    (2) The increase of both the purchase of Federal timber and export 
of timber from private lands tributary to the plant for which Bureau of 
Land Management timber covered by a specific contract is delivered or 
expected to be delivered.
    Third party scaling means the measurement of logs by a scaling 
organization, other than a Government agency, approved by the Bureau.
    Timber means standing trees, downed trees or logs which are capable 
of being measured in board feet.
    Trespass means the severance, removal, or unlawful use of timber or 
other vegetative resources without the consent (authorization) of the 
Federal Government, or failure to comply with contract or permit 
requirements that causes direct injury or damage to timber or other 
vegetative resources, or undue environmental degradation.
    Trespasser means any person, partnership, association, or 
corporation responsible for committing a trespass.
    Unprocessed timber means:

[[Page 914]]

    (1) Any logs except those of utility grade or below, such as 
sawlogs, peeler logs, and pulp logs;
    (2) Cants or squares to be subsequently remanufactured exceeding 
eight and three-quarters (8\3/4\) inches in thickness;
    (3) Split or round bolts, or other roundwood not processed to 
standards and specifications suitable for end product use.
    Willful means a knowing act or omission that constitutes the 
voluntary or conscious performance of a prohibited act or indifference 
to or reckless disregard for the law.
[35 FR 9783, June 13, 1970, as amended at 38 FR 6280, Mar. 8, 1973; 41 
FR 12659, Mar. 26, 1976; 41 FR 31381, July 28, 1976; 56 FR 10175, Mar. 
11, 1991; 57 FR 62235, Dec. 30, 1992]



Sec. 5400.0-7  Public hearings to determine surplus quantities and species of unprocessed timber.

    (a) Public hearings will be held when authorized by the Director to 
seek advice and counsel as to the specific quantities of grades and 
species of unprocessed timber surplus to the needs of domestic users and 
processors. Such species and quantities thereby determined to be surplus 
by the Secretary, may be designated as available for export by the 
Secretary.
    (b) Such hearings will be coordinated with the Department of 
Agriculture and held at convenient, centralized locations within the 
range of the species under consideration.
    (c) Before any hearing is held in this regard, a notice will be 
published in a newspaper of general circulation within the range of the 
species under consideration at least 15 days prior to the hearing. In 
addition, known parties or groups with special interest in the species 
concerned should be notified directly. The record of the hearing shall 
be kept open for at least 5 consecutive calendar days from the date of 
the hearing for receipt of additional statements.
    (d) The hearing will be conducted by a representative or 
representatives of the Department of the Interior and the Department of 
Agriculture, respectively. At the conclusion of the hearing, the record 
thereof together with appropriate recommendations shall be forwarded to 
the Director for further action deemed appropriate. The Director shall 
give the public due notice as to the quantities and species of 
unprocessed timber determined to be surplus to the needs of domestic 
users and processors.
[35 FR 9783, June 13, 1970, as amended at 41 FR 12659, Mar. 26, 1976]



                 Subpart 5401--Advertised Sales; General



Sec. 5401.0-6  Policy.

    (a) All sales other than those specified in Sec. 5402.0-6 shall be 
made only after inviting competitive bids through publication and 
posting. Sales shall not be held sooner than one week after the last 
advertisement. Competitive sales shall be offered by the authorized 
officer when access to the sale area is available to anyone who is 
qualified to bid. Further, timber or other vegetative resources that 
would normally be sold by negotiated sale because of lack of legal 
access may be sold competitively without access if the authorized 
officer determines that there is competitive interest in such a sale.
    (b) All competitive sales shall be subject to the restrictions 
relating to the export and substitution from the United States of 
unprocessed timber.

(Sec. 5, 50 Stat. 875, 61 Stat. 681, as amended, 69 Stat. 367; 43 U.S.C. 
1181e, 30 U.S.C. 601 et seq.)
[35 FR 9783, June 13, 1970, as amended at 41 FR 12659, Mar. 26, 1976; 49 
FR 23839, June 8, 1984; 56 FR 10175, Mar. 11, 1991]



           Subpart 5402--Other Than Advertised Sales; General



Sec. 5402.0-6  Policy.

    (a) When it is determined by the authorized officer to be in the 
public interest, he may sell at not less than the appraised value, 
without advertising or calling for bids, timber where the contract is 
for the sale of less than 250 M board feet.
    (b) Timber on the right-of-way of a logging road and danger trees 
adjacent to the right-of-way on O. and C. lands may be sold at not less 
than the appraised value without advertising or calling for bids to (1) 
permittee who

[[Page 915]]

 constructs a road pursuant to a permit issued under Subpart 2800 of 
this chapter, or (2) a contractor who is constructing a road with 
Government funds.
    (c) In addition to paragraph (b) of this section, negotiated sales 
with no limitations as to volume may be made if:
    (1) The contract is for the disposal of materials to be used in 
connection with a public works improvement program on behalf of a 
Federal, State or local government agency and the public exigency will 
not permit the delay incident to advertising; or if
    (2) The contract is for the disposal of timber or other vegetative 
resources, for which it is impracticable to obtain competition.
    (d) All negotiated sales shall be subject to the restrictions 
relating to the export and substitution from the United States of 
unprocessed timber. Timber purchased for right-of-way purposes will not 
be subject to substitution restrictions.

(Sec. 5, 50 Stat. 875, 61 Stat. 681, as amended, 69 Stat. 367; 43 U.S.C. 
1181e, 30 U.S.C. 601 et seq.)
[35 FR 9784, June 13, 1970, as amended at 41 FR 12660, Mar. 26, 1976; 56 
FR 10175, Mar. 11, 1991]



PART 5410--ANNUAL TIMBER SALE PLAN--Table of Contents






             Subpart 5410--Annual Timber Sale Plan; General



Sec. 5410.0-6  Policy.

    Plans for the sale of timber from the O. and C. and public lands 
will be developed annually. Suggestions from prospective purchasers of 
such timber may be received to assist in the development of a sound 
annual timber sale plan. Such plan may be advertised in a newspaper of 
general circulation in the area in which the timber is located. Such 
advertisement shall indicate generally the probable time when the 
various tracts of timber included in the plan will be offered for sale, 
set-asides if any, and the probable location and anticipated volumes of 
such tracts. The authorized officer may subsequently change, alter or 
amend the annual timber sale plan.
[35 FR 9785, June 13, 1970]



PART 5420--PREPARATION FOR SALE--Table of Contents




               Subpart 5420--Preparation for Sale; General

Sec.
5420.0-6  Policy.

                    Subpart 5422--Volume Measurements

5422.1  Cruise sales.
5422.2  Scale sales.

                  Subpart 5424--Preparation of Contract

5424.0-6  Policy.
5424.1  Reporting provisions for substitution determination.

    Authority:  61 Stat. 681, as amended, 69 Stat. 367; Sec. 5, 50 Stat. 
875; 30 U.S.C. 601 et seq.; 43 U.S.C. 1181e.

    Source:  35 FR 9785, June 13, 1970, unless otherwise noted.



               Subpart 5420--Preparation for Sale; General



Sec. 5420.0-6  Policy.

    All timber or other vegetative resources to be sold shall be 
appraised and in no case shall be sold at less than the appraised value. 
Measurement shall be by tree cruise, log scale, weight, or such other 
form of measurement as may be determined to be in the public interest.



                    Subpart 5422--Volume Measurements



Sec. 5422.1  Cruise sales.

    As the general practice, the Bureau will sell timber on a tree 
cruise basis.



Sec. 5422.2  Scale sales.

    (a) Scaling by the Bureau will be used from time to time for 
administrative reasons. Such reasons would include but not be limited to 
the following: To improve cruising standards; check accuracy of cruising 
practices; for volumetric analysis; and for highly defective timber 
where it is impossible

[[Page 916]]

to determine the tree cruise volume within a reasonable degree of 
accuracy.
    (b) Third party scaling may be ordered by the Bureau after a 
determination that all of the following factors exist: (1) A timber 
disaster has occurred; (2) a critical resource loss is imminent; (3) 
measurement practices listed in Sec. 5422.1 and paragraph (a) of this 
section are inadequate to permit orderly disposal of the damaged timber. 
Third party scaling volumes must be capable of being equated to Bureau 
standards in use for timber depletion computations, to insure 
conformance with sustained yield principles.



                  Subpart 5424--Preparation of Contract



Sec. 5424.0-6  Policy.

    (a) All timber sales shall be made on contract or permit forms 
approved by the Director, BLM.
    (b) Other than for incidental use, the severance and/or removal of 
any vegetative resource for personal or commercial use requires a 
written contract or permit issued by the authorized officer or other 
person authorized by the United States. All contracts or permits shall 
contain the following:
    (1) The name of the purchaser or his/her authorized representative 
with complete mailing address.
    (2) The specific vegetative resources authorized for removal and 
their respective quantities and values.
    (3) The specific location from which the vegetative resources are to 
be removed.
    (4) The term for which the contract or permit is valid.
    (5) Contract or permit conditions and stipulations.
    (6) Signature of purchaser or authorized representative.
    (c) The authorized officer may include additional provisions in the 
contract or permit to cover conditions peculiar to the sale area, such 
as road construction, logging methods, silvicultural practices, 
reforestation, snag felling, slash disposal, fire prevention, fire 
control, and the protection of improvements, watersheds, recreational 
values, and the prevention of pollution or other environmental 
degradation.
    (d) The contract or permit from and any additional provisions shall 
be made available for inspection by prospective bidders during the 
advertising period. When sales are negotiated, all additional provisions 
shall be made part of the contract or permit.
    (e) Except for such specific quantities of grades and species of 
unprocessed timber determined to be surplus to domestic lumber and 
plywood manufacturing needs, each timber sale contract shall include 
provisions that prohibit:
    (1) The export of any unprocessed timber harvested from the area 
under contract; and
    (2) The use of any timber of sawing or peeler grades, sold pursuant 
to the contract, as a substitute for timber from private lands which is 
exported or sold for export by the purchaser, an affiliate of the 
purchaser, or any other parties.
[56 FR 10175, Mar. 11, 1991]



Sec. 5424.1  Reporting provisions for substitution determination.

    (a) To determine whether substitution has occurred, the authorized 
officer may require that information identified in the contract be 
reported by:
    (1) A purchaser who has exported private timber within one year 
preceding the purchase date of Federal timber, and/or
    (2) An affiliate of a timber purchaser who exported private timber 
within one year before the acquisition of Federal timber from the 
purchaser.
    (b) Purchasers or affiliates of purchasers shall retain a record of 
Federal timber acquisitions and private timber exports for three years 
from the date the activity occurred.

(Information collection requirements contained in paragraph (a) were 
approved by the Office of Management and Budget under control number 
1004-0058)
[46 FR 29263, June 1, 1981]



PART 5430--ADVERTISEMENT--Table of Contents






                  Subpart 5430--Advertisement; General

    Authority:  Sec. 5, 50 Stat. 875, 61 Stat. 681, as amended, 69 Stat. 
367; 43 U.S.C. 1181e, 30 U.S.C. 601 et seq.

[[Page 917]]



Sec. 5430.0-6  Policy.

    Competitive timber sales shall be advertised in a newspaper of 
general circulation in the area in which the timber or other vegetative 
resources are located and a notice of the sale shall be posted in a 
conspicuous place in the office where bids are to be submitted. Such 
advertisement shall be published on the same day once a week for two 
consecutive weeks, except that sales amounting to less than 500 M board 
feet, need be published once only. When in the discretion of the 
authorized officer longer advertising periods are desired, such longer 
periods are permitted.
[35 FR 9785, June 13, 1970]



Sec. 5430.1  Requirements.

    The advertisement of sale shall state the location by county, 
section, township, range, meridian, of the tract or tracts on which 
timber or other vegetative resources are being offered, the estimated 
total quantity, the unit of measure, the total appraised value, the 
minimum deposit, time and place for receiving bids, the office where 
additional information may be obtained, and such additional information 
as the authorized officer may deem necessary.
[35 FR 14135, Sept. 5, 1970]



PART 5440--CONDUCT OF SALES--Table of Contents




                     Subpart 5441--Advertised Sales

Sec.
5441.1  Qualification of bidders.
5441.1-1  Bid deposits.
5441.1-2  Special considerations.
5441.1-3  SBA set-aside sales.

                     Subpart 5442--Bidding Procedure

5442.1  Bidding.
5442.2  Resale of timber from uncompleted contract.
5442.3  Rejection of bids; waiver of minor deficiencies.

                       Subpart 5443--90-Day Sales

5443.1  General.

    Authority:  Sec. 5, 50 Stat. 875, 61 Stat. 631, as amended, 69 Stat. 
367; 43 U.S.C. 1181e, 30 U.S.C. 601 et seq.



                     Subpart 5441--Advertised Sales



Sec. 5441.1  Qualification of bidders.

    (a) A bidder or purchaser for the sale of timber must be (1) an 
individual who is a citizen of the United States, (2) a partnership 
composed wholly of such citizens, (3) an unincorporated association 
composed wholly of such citizens, or (4) a corporation authorized to 
transact business in the States in which the timber is located. A bidder 
must also have submitted a deposit in advance, as required by 
Sec. 5441.1-1. To qualify for bidding to purchase set-aside timber, the 
bidder must not have been determined by the Small Business 
Administration to be ineligible for preferential award of set-aside 
sales and must accompany his deposit with a self-certification statement 
that he is qualified as a small business concern as defined by the Small 
Business Administration (13 CFR part 121).
    (b) At the request of the authorized officer, or the officer 
conducting the sale, bidders must furnish evidence of qualification in 
conformance with paragraphs (a) and (c) of this section or if such 
evidence has already been furnished, make appropriate reference to the 
record containing it.
    (c)(1) A purchaser who is under review for debarment may continue to 
bid on timber purchase contracts until a final debarment determination 
has been made by the debarring official. However, contracts will not be 
awarded during the review period.
    (2) Debarred purchasers are prohibited from bidding on timber 
purchase contracts.
[35 FR 9785, June 13, 1970, as amended at 47 FR 38696, Sept. 2, 1982; 52 
FR 26983, July 17, 1987]



Sec. 5441.1-1  Bid deposits.

    Sealed bids shall be accompanied by a deposit of not less than 10 
percent of the appraised value of the timber or other vegetative 
resources. For offerings at oral auction, bidders shall make a deposit 
of not less than 10 percent of the appraised value prior to the opening 
of the bidding. The authorized officer may, in his discretion, require 
larger deposits. Deposits may be in the form of cash, money orders, bank 
drafts, cashiers or certified checks

[[Page 918]]

made payable to the Bureau of Land Management, bid bonds of a corporate 
surety shown on the approved list of the United States Treasury 
Department or any guaranteed remittance approved by the authorized 
officer. Upon conclusion of the bidding, the bid deposits of all 
bidders, except the high bidder, will be returned. The deposit of the 
successful bidder will be applied on the purchase price at the time the 
contract is signed by the authorized officer unless the deposit is a 
corporate surety bid bond, in which case the surety bond will be 
returned to the purchaser.
[55 FR 22917, June 5, 1990]



Sec. 5441.1-2  Special considerations.

    Where a timber sale notice provides that the successful bidder may 
use a Small Business Administration road construction loan, and the 
bidder has reason to believe that he qualifies for such road 
construction loan under SBA regulations (13 CFR part 121), the bidder 
shall submit to the authorized officer a statement of his intention to 
file with SBA for such SBA road construction loan. The purpose of the 
filing is to facilitate action by the authorized officer and the Small 
Business Administration on the loan application.
[35 FR 9785, June 13, 1970]



Sec. 5441.1-3  SBA set-aside sales.

    Only bids of small business concerns which have filed a self-
certification statement as required by Sec. 5441.1 may be considered for 
sales subject to set-asides. When no such bids are received, the timber 
may be sold under Sec. 5443.1 in the same manner as timber not 
previously made subject to a set-aside. When timber subject to a set-
aside is not sold for any other reason, the sale may be rescheduled for 
a set-aside sale.
[35 FR 9785, June 13, 1970]



                     Subpart 5442--Bidding Procedure



Sec. 5442.1  Bidding.

    (a) Bidding at competitive sales shall be conducted by the 
submission of sealed bids, written bids, oral bids, or a combination of 
bidding methods as directed by the authorized officer.
    (b) In sealed bid sales, the bidder submitting the highest sealed 
bid shall be declared the high bidder. In the event of a tie in high 
sealed bids, the high bidder shall be determined by lot from among those 
who submitted the tie bids.
    (c) In oral auction sales, submission of the required minimum bid 
deposit and a written bid at not less than the advertised appraised 
price shall be required to participate in oral bidding. The officer 
conducting the sale shall declare a specific period, prior to oral 
bidding on each tract, during which bid deposits and written bids may be 
submitted. Bid deposits and written bids also may be submitted any time 
prior to the specific period declared by the officer conducting the 
sale. Oral bidding to determine the high bidder shall begin from the 
highest written bid after closure of the submittal period. In the event 
there is a tie in high written bids, and no oral bidding occurs, the 
bidder who was the first to submit his bid deposit and written bid shall 
be declared the high bidder. If the officer conducting the sale cannot 
determine who made the first submission of high tie written bids, the 
high bidder shall be determined by lot. The declared high bidder must 
confirm his oral bid in writing immediately after the sale, but failure 
to do so shall not relieve him of his purchase obligation.
[38 FR 6280, Mar. 8, 1973]



Sec. 5442.2  Resale of timber from uncompleted contract.

    (a) This section applies to the sale of timber only when 50 percent 
or more of the timber included in the sale is timber remaining from an 
uncompleted contract. A bid from a purchaser who held the uncompleted 
contract, or an affiliate of such purchaser, will be considered only if:
    (1) The contract was not canceled because of breach by the 
purchaser, and
    (2) The purchaser has made full payment of the total purchase price 
and any related charges by the expiration date.
    (b) The purchaser who held the uncompleted contract, or affiliate of 
such purchaser, shall, upon execution of the resale contract, agree that 
the

[[Page 919]]

Bureau of Land Management shall retain the original payment for timber 
not removed under the uncompleted contract, less the cost of resale, as 
a credit toward the purchase price of the resale contract.
[55 FR 17755, Apr. 27, 1990]



Sec. 5442.3  Rejection of bids; waiver of minor deficiencies.

    When the authorized officer determines it to be in the interest of 
the Government to do so, he may reject any or all bids and may waive 
minor deficiencies in the bids or the timber sale advertisement.
[38 FR 6280, Mar. 8, 1973]



                       Subpart 5443--90-Day Sales



Sec. 5443.1  General.

    If no bid is received within the time specified in the advertisement 
of sale, and if the authorized officer determines that there has been no 
significant rise in the market value, he may in his discretion, keep the 
sale open for not to exceed 90 days by posting notice thereof in a 
conspicuous place in the office where bids are to be submitted. If 
during such period a written bid is submitted, together with the 
required deposit, for not less than the advertised appraised value, a 
notice of such bid shall be posted immediately after receipt of such bid 
for seven successive days in the same office and in the same manner. If 
no other written bid is received during the seven day posting period, 
the sole bidder shall be deemed the high bidder. If, however, during 
such seven day posting period other written bids are received, an oral 
auction shall be conducted in the usual manner for those who have 
submitted written bids. The authorized officer shall notify those who 
have submitted written bids of the time and place of the oral auction. 
The written bids shall be considered the initial bids in such oral 
auction. If there is a tie in the high written bids that are submitted 
during the seven day posting period and if no higher bid is offered 
during the oral auction, the party who first submitted the high bid 
shall be deemed the high bidder.
[35 FR 9786, June 13, 1970]



PART 5450--AWARD OF CONTRACT--Table of Contents




                Subpart 5450--Award of Contract; General

Sec.
5450.1  Pre-award qualifications of high bidder.

                           Subpart 5451--Bonds

5451.1  Minimum performance bond requirements; types.
5451.2  Performance bonds in excess of minimum.
5451.3  Performance bond reduction.
5451.4  Payment bond.

                     Subpart 5452--Method of Payment

5452.1  Cash sales.
5452.2  Installment payments.

    Authority:  Sec. 5, 50 Stat. 875; 61 Stat. 681, as amended; 69 Stat. 
367; 43 U.S.C. 1181e; 30 U.S.C. 601 et seq.



                Subpart 5450--Award of Contract; General



Sec. 5450.1  Pre-award qualifications of high bidder.

    (a) The authorized officer may require the high bidder to furnish 
such information as is necessary to determine the ability of the bidder 
to perform the obligations of the contract. The contract shall be 
awarded to the high bidder, unless he is not qualified or responsible, 
or unless all bids are rejected. If the high bidder is not qualified or 
responsible or fails to sign and return the contract together with the 
required performance bond and any required payment; the contract may be 
offered and awarded for the amount of the high bid to the highest of the 
bidders who is qualified, responsible, and willing to accept the 
contract.
    (b) A purchaser who has defaulted on a timber sale contract under 
this title by failing to complete payment of its total purchase price by 
the expiration date of the contract is considered a risk for purposes of 
being awarded future timber sale contracts. If a purchaser deemed a risk 
is the high bidder on a new timber sale, the authorized officer shall 
send a notice by registered mail requiring such purchaser to establish 
bidder responsibility by paying or bonding, or a combination of payment

[[Page 920]]

 and bonding, for any one of the following: The total unpaid balance of 
the purchase price of all defaulted sales, the unsettled damages on all 
defaults, or 50 percent of the purchase price of contracts bid after the 
most recent default. Any payment applied toward 50 percent of a 
contract's bid price after the default(s) will be held as final payment 
for timber cut and/or removed under terms of the contracts. Acceptable 
bonding options are listed at Sec. 5451.1 of this title. Payment and 
bonding are due within time limits stated in Sec. 5450.1(c). Should the 
purchaser fail to demonstrate responsibility within 30 days of receipt 
of the notice, the authorized officer shall offer the contract for the 
amount of the high bid to the highest of the bidders who is qualified, 
responsible, and willing to accept the contract. Failure to demonstrate 
responsibility within 30 days of receipt of the notice indicates that 
the purchaser is not responsible, and debarment proceedings shall be 
considered under Sec. 5441.1 of this title.
    (c) Within 30 days after receipt of the contract the successful 
bidder shall sign and return the contract, together with any required 
performance bond and any required payment: Provided, That the authorized 
officer may, in his discretion, extend such period an additional 30 days 
if the extension is applied for in writing and granted in writing within 
the first 30-day period. If the successful bidder fails to comply within 
the stipulated time, his bid deposit shall be retained as liquidated 
damages.
    (d) Award of contracts or permits on negotiated sales occurs upon 
the execution of the contract or permit. Terms and conditions shall 
reflect the contractor's ability to perform, and shall require 
prevention or mitigation of environmental degradation associated with 
the removal of the timber or other vegetative resource.
[35 FR 9786, June 13, 1970, as amended at 55 FR 3955, Feb. 6, 1990; 56 
FR 10175, Mar. 11, 1991; 56 FR 47916, Sept. 23, 1991]



                           Subpart 5451--Bonds



Sec. 5451.1  Minimum performance bond requirements; types.

    (a) A minimum performance bond of not less than 20 percent of the 
total contract price shall be required for all contracts of $2,500 or 
more, but the amount of the bond shall not be in excess of $500,000, 
except when the purchaser opts to increase the minimum bond as provided 
in Sec. 5451.2 of this title. A minimum performance bond of not less 
than $500 will be required for all installment contracts less than 
$2,500. For cash sales less than $2,500, bond requirements, if any, will 
be in the discretion of the authorized officer. The performance bond may 
be:
    (1) Bond of a corporate surety shown on the approved list issued by 
the United States Treasury Department and executed on an approved 
standard form; or
    (2) Personal surety bond, executed on an approved standard form if 
the authorized officer determines the principals and bondsmen are 
capable of carrying out the terms of the contract; or
    (3) Cash bond; or
    (4) Negotiable securities of the United States.
    (5) Any guaranteed remittance approved by the authorized officer.
[35 FR 9786, June 13, 1970, as amended at 38 FR 6281, Mar. 8, 1973; 46 
FR 42673, Aug. 24, 1981; 47 FR 38696, Sept. 2, 1982]



Sec. 5451.2  Performance bonds in excess of minimum.

    (a) The purchaser may cut timber before payment of the second or 
subsequent installments required by Sec. 5461.2(a) of this part by 
increasing the minimum bond required by Sec. 5451.1(a) of this part by 
an amount equal to one or more installment payments; Provided, however, 
That the authorized officer may grant permission to cut timber only when 
the value of the timber to be cut does not exceed the amount by which 
the minimum bond has been increased. The purchaser shall secure approval 
in writing of the adjusted bond

[[Page 921]]

 by the authorized officer prior to cutting any timber under the 
adjusted bond.
    (b) If payment and bonding for 50 percent of the purchase price of a 
contract is provided in accordance with Sec. 5450.1(b) of this title, 
the amount of performance bond in excess of the minimum performance bond 
required by Sec. 5451.1(a) of this title may be used as an increased 
performance bond as specified in Sec. 5451.2(a) of this title.
[47 FR 38697, Sept. 2, 1982; 47 FR 51868, Nov. 18, 1982, as amended by 
55 FR 3955, Feb. 6, 1990; 55 FR 19886, May 14, 1990]



Sec. 5451.3  Performance bond reduction.

    (a) As contract provisions are satisfactorily completed, the 
authorized officer may, in his discretion, reduce the amount of the 
required performance bond: Provided, however, That the amount of the 
performance bond shall not be reduced below the minimum required by 
Sec. 5451.1 until
    (1) Payment of no less than 60 percent of the total purchase price 
has been made, or
    (2) Road construction required under the contract has been 
completed, the value of which when combined with contract payments is 
equal to no less than 60 percent of the total purchase price.
    (b) At the request of the purchaser, when the requirements set forth 
in the proviso to paragraph (a) of this section have been met, the 
amount of the performance bond may be reduced to 10 percent of the total 
purchase price or the entire cost of the uncompleted post-harvest 
contract requirements, whichever is greater. The amount of the 
performance bond shall not be reduced below 10 percent of the total 
purchase price until payment for all the timber sold under the terms of 
the contract is complete.
    (c) For the purpose of this section, the value of completed road 
construction shall be based on the Bureau's appraisal allowance.

Satisfactory completion of portions of the required road construction, 
to reasonable points that can be easily identified in the road 
construction appraisal, shall be considered as completed road 
construction for the purpose of this section.
[55 FR 19886, May 14, 1990]



Sec. 5451.4  Payment bond.

    To obtain permission to (a) cut and remove timber, or (b) remove 
timber already cut, which has been secured by an increased performance 
bond as provided for in Sec. 5451.2, before payment of the first or 
subsequent installments, the purchaser must obtain a payment bond in an 
amount equal to one or more installment payments as determined by the 
authorized officer. The payment bond may be a bond of a corporate surety 
shown on the approved list issued by the U.S. Treasury Department and 
executed on an approved form or negotiable securities of the United 
States. The payment bond may be a bond of a corporate surety shown on 
the approved list issued by the United States Treasury Department and 
executed on an approved form, negotiable securities of the United 
States, or any guaranteed remittance approved by the authorized officer. 
If a bond of a corporate surety is used, the payment bond shall provide 
that if the purchaser fails to make payment as required by 
Sec. 5461.2(c) of this chapter, the surety will make such payment 
including any required interest to the Bureau within 60 days after 
demand therefor by the Bureau. With the written approval of the 
authorized officer a single blanket payment bond may be allocated to two 
or more contracts with the same purchaser in the same Bureau of Land 
Management administrative district. When operations cease for 60 days or 
more, the amount of a payment bond may be adjusted downward to an amount 
equal to the value of the timber cut. Before operations resume, a 
reduced bond shall be increased to the amount of a full installment.
[38 FR 6281, Mar. 8, 1973, as amended at 46 FR 42674, Aug. 24, 1981; 47 
FR 38697, Sept. 2, 1982]



                     Subpart 5452--Method of Payment



Sec. 5452.1  Cash sales.

    For sales under $500 the full amount shall be paid prior to or at 
the time the authorized officer signs the contract.
[35 FR 9787, June 13, 1970]



Sec. 5452.2  Installment payments.

    For sales of $500 or more the authorized officer may allow payment 
by installments as provided by Sec. 5461.2 of this chapter.
[35 FR 9787, June 13, 1970]

[[Page 922]]



PART 5460--SALES ADMINISTRATION--Table of Contents




                     Subpart 5461--Contract Payments

Sec.
5461.1  Payment in advance of cutting or removal.
5461.2  Required payment schedule.
5461.3  Total payment.

             Subpart 5462--Contract and Permit Requirements

5462.1  Contract and permit compliance.
5462.2  Prohibited acts.
5462.3  Penalties.

        Subpart 5463--Expiration of Time for Cutting and Removal

5463.1  Time for cutting and removal.

    Authority:  30 U.S.C. 601 et seq., 43 U.S.C. 1181e.



                     Subpart 5461--Contract Payments



Sec. 5461.1  Payment in advance of cutting or removal.

    Except as provided in Secs. 5451.2 and 5451.4 no part of any timber 
or other vegetative resources sold may be cut or removed unless advance 
payment has been made as provided in the contract.
[35 FR 9787, June 13, 1970, as amended at 38 FR 6281, Mar. 8, 1973]



Sec. 5461.2  Required payment schedule.

    (a)(1) For sales of less than $500,000, installment payments shall 
not be less than 10 percent of the total purchase price. For sales of 
$500,000 or more, installment payments shall be $50,000.
    (2) The first installment shall be paid prior to or at the time the 
authorized officer signs the contract. A purchaser cannot apply any 
portion of the first installment to cover other payments due on the 
contract until either 60 percent of the total purchase price has been 
paid or road construction required by the contract, the value of which 
when combined with contract payments is equal to 60 percent of the total 
purchase price, has been completed. When either of these 60-percent 
levels has been reached, one-half of the first installment may be 
applied to other payments due on the contract.
    (3) Notwithstanding the provisions of paragraph (a)(2) of this 
section, when the contracting officer suspends or requests the purchaser 
to interrupt or delay operations during the operating season for a 
reason beyond the control of the purchaser, the contracting officer may 
reduce the amount of the first installment to 5 percent of the 
installment amount listed in the timber sale contract. Reductions may be 
made when the suspension, interruption, or delay can reasonably be 
expected to last longer than 30 days or has been in effect for more than 
30 days for existing contracts. The purchaser shall request such 
reduction in writing from the contracting officer. The contracting 
officer will answer such requests within 15 days. The funds released may 
be refunded or credited to other contracts. When the contracting officer 
notifies the purchaser that operations may proceed, the purchaser shall 
have 15 days after such notification to return the first installment to 
the full amount specified in the timber sale contract. Failure to pay 
the full first installment amount within the specified time will be 
considered a material breach of contract, and the contracting officer 
may cancel the contract. No timber may be cut or removed from the 
contract area until the first installment is restored to the full amount 
required by the contract.
    (4) The second installment shall be paid prior to the cutting or 
removal of the material sold. Each subsequent installment shall be due 
and payable without notice when the value of material cut or removed 
equals the sum of all payments made up to that point,

[[Page 923]]

 not including the first installment, or one-half of the first 
installment after the other one-half of the first installment has been 
released as provided in paragraph (a)(2) of this section.
    (5) Timber sale contracts shall contain provisions requiring 
periodic payments for all sales with a contract term of 19 months or 
longer. For sales with a contract term of 19-26 months, one periodic 
payment of 20 percent of the total purchase price will be required. For 
all sales with a contract term of 27 months or longer, two periodic 
payments will be required. The first payment shall be 20 percent of the 
total purchase price and the second payment shall be 40 percent of the 
total purchase price. The value of satisfactorily completed road 
construction required by the contract and all completed contract 
payments may be used as a credit against the amount due for periodic 
payments. The due dates for the periodic payments will be specified in 
the timber sale contract. Adjustment of the periodic payment dates in 
the contract may be made when the contracting officer suspends, 
interrupts, or delays operations during the operating season prior to 
the due date for a periodic payment for a reason beyond the control of 
the purchaser. The adjustment may be made when the suspension, 
interruption, or delay can reasonably be expected to last longer than 30 
days or has been in effect for more than 30 days for existing contracts. 
The purchaser shall request such adjustment in writing from the 
contracting officer. The contracting officer will answer such requests 
within 15 days.
    (6) For the purpose of this section, the value of satisfactorily 
completed road construction shall be based on the Bureau of Land 
Management's appraisal allowance. Satisfactory completion of portions of 
the required road construction, to reasonable points that can be easily 
identified in the road construction appraisal, shall be considered as 
completed road construction for purposes of this section.
    (b) Delayed payment of installments shall be allowed if the 
purchaser furnishes a bond as provided in Sec. 5451.2 of this title. A 
deposit shall be paid in the same manner as prescribed in paragraph (a) 
of this section. If cutting is permitted before payment, as prescribed 
in Sec. 5451.2 of this title, payment by installment shall be made 
before any timber may be skidded or yarded to a loading point or removed 
from the contract area. Each subsequent installment shall be due and 
payable without notice when the sale value of the timber skidded or 
yarded to a loading point or removed equals the sum of all payments not 
including the deposit. The unenhanced value of timber allowed to be cut 
in advance of payment shall be limited to the amount of the increase 
over and above the required performance bond. Upon payment, the amount 
of the bond may be applied to other timber sold under the contract to 
permit its cutting in advance of payment.
    (c) Where cutting or removal is permitted under payment bond under 
Sec. 5451.4 of this title, a deposit shall be paid as provided in 
paragraph (a) of this section. If cutting and/or removal is permitted 
before payment, as provided in Sec. 5451.4 of this title, the purchaser 
shall be billed monthly for timber skidded or yarded to a loading point 
or removed from the contract area and for any related road maintenance 
fees unless a lesser period is agreed to by the authorized officer and 
the purchaser. Payment shall be made within 15 days of the billing date 
shown on the billing form. The unenhanced value of timber allowed to be 
cut and/or removed in advance of payment is limited to the amount of the 
payment bond. Upon payment, the amount of the bond may be applied to 
other timber.
[47 FR 38697, Sept. 2, 1982; 47 FR 51868, Nov. 18, 1982, as amended at 
55 FR 19886, May 14, 1990; 57 FR 62235, Dec. 30, 1992]



Sec. 5461.3  Total payment.

    The total amount of the contract purchase price must be paid prior 
to expiration of the time for cutting and removal under the contract. 
For a cruise sale the purchaser shall not be entitled to a refund even 
though the amount of timber cut, removed, or designated for cutting may 
be less than the estimated total volume shown in the contract. For a 
scale sale, if it is determined after all designated timber

[[Page 924]]

has been cut and measured that the total payments made under the 
contract exceed the total sale value of the timber measured, such excess 
shall be refunded to the purchaser within 60 days after such 
determination is made.
[35 FR 9787, June 13, 1970]



             Subpart 5462--Contract and Permit Requirements



Sec. 5462.1  Contract and permit compliance.

    (a) The following minimum requirements shall be met in order to 
assure contract or permit compliance:
    (1) Contracts or permits shall be executed by authorized purchasers 
or their formally designated representatives.
    (2) For other than lump sum sales, only the specific timber or other 
vegetative resource designated for removal, in their respective 
quantities, shall be removed.
    (3) Timber or other vegetative resources shall be removed only from 
designated locations or areas.
    (4) Transportation of timber or other vegetative resources shall be 
in accordance with contract or permit requirements and shall include 
appropriate load or product tagging if required.
    (5) Contract or permit stipulations and specification shall be 
adhered to.
    (6) Payments shall be made in accordance with subpart 5461 of this 
title.
    (b) All contract and permit provisions and special provisions shall 
be adhered to unless the contract is modified in accordance with part 
5470 of this title.
    (c)(1) The authorized officer may cancel a contract or permit upon 
determining that the holder has failed to comply with a law or 
regulation pertinent to the contract or permit. The authorized officer 
may also cancel a contract or permit upon determining that the holder 
has failed to comply with a stipulation or requirement contained in the 
contract or permit and the noncompliance is detrimental to the public 
interest. Individual contracts or permits may contain specific language 
defining the remedies or penalties associated with noncompliance.
    (2) Cancellation shall be mandatory in cases of intentional 
falsification of information used to obtain the permit or contract.
[56 FR 10176, Mar. 11, 1991, as amended at 60 FR 50450, Sept. 29, 1995]



Sec. 5462.2  Prohibited acts.

    (a) The acts or omissions listed in paragraph (b) of this section 
apply only to BLM-administered lands and will render the person(s) 
responsible liable to the United States in a civil action for trespass, 
and such person(s) may be prosecuted criminally. If the authorized 
officer determines such acts or omissions to be detrimental to the 
public interest, the timber sale contract or permit held by the 
purchaser responsible for such acts or omissions may be canceled.
    (b) The following activities are prohibited:
    (1) Cutting, removing, or otherwise damaging any timber, tree, or 
other vegetative resource, except as authorized by a forest product sale 
contract, permit, or Federal law or regulation.
    (2) Cutting any standing tree, under a permit or timber sale 
contract, before a BLM employee has marked it or has otherwise 
designated it for cutting.
    (3) Removing any timber or other vegetative resource cut under a 
permit or timber sale contract, except to a place designated for scaling 
or measurement, or removing it from that place before it is scaled, 
measured, counted, or otherwise accounted for by a BLM employee.
    (4) Stamping, marking with paint, tagging, or otherwise identifying 
any tree or other vegetative resources on BLM-administered lands in a 
manner similar to that employed by BLM employees to mark or designate a 
tree or other vegetative resources for cutting, removal, or 
transportation.
    (5) Transporting timber or other vegetative resources without a 
valid haul ticket that pertains to the material in question, except as 
authorized by Federal law or regulation.
    (6) Except as authorized by Federal law or regulation, purchasers or 
their designated representatives, while engaging in any activity 
connected with the harvest or removal of forest products, failing to 
have in their possession and/or failing to produce any required permit 
or forest product sale contract

[[Page 925]]

for inspection upon demand by a BLM employee or any official of a 
cooperating law enforcement agency acting within his or her designated 
authority as a sale inspector, administrator, contracting officer, or 
law enforcement officer.
    (7) Violating any State or local laws and ordinances relating to 
local permits, tagging, and transportation of timber, trees, or other 
vegetative resources.
    (8) Violating any of the provisions regulating export and 
substitution contained in subparts 5400, 5403, and 5420 of this title.
    (9) Obtaining any forest product sale contract or permit or taking 
any timber, trees, or other vegetative resources through falsifying, 
concealing, or covering up by any trick, scheme, or device a material 
fact, or making any false, fictitious, or fraudulent statement or 
representation, or making or using a false, fictitious, or fraudulent 
statement or entry, including altering any forest product sales contract 
or permit or using an unauthorized reproduction of any official load 
tag.
    (10) Negligent or intentional destruction of or injury to any timber 
or other vegetative resource during operations under a forest product 
sale contract or permit.
[60 FR 50450, Sept. 29, 1995]



Sec. 5462.3  Penalties.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)), any individual who knowingly and willfully 
commits the prohibited acts under Sec. 5462.2(b) is subject to arrest 
and trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $100,000 in accordance with the 
applicable provisions of the Sentencing Reform Act of 1984 (18 U.S.C. 
3551 et seq.), or imprisonment not to exceed 12 months, or both, for 
each offense, and any organization that commits these prohibited acts is 
subject to arrest and trial by the United States Magistrate and, if 
convicted, shall be subject to a fine of not more than $200,000.
[60 FR 50450, Sept. 29, 1995]



        Subpart 5463--Expiration of Time for Cutting and Removal



Sec. 5463.1  Time for cutting and removal.

    Time for cutting and removal of timber or other vegetative resources 
sold shall not exceed a period of thirty-six months except that such 
time for cutting and removal may be extended as provided in subpart 
5473.
[35 FR 9787, June 13, 1970, as amended at 56 FR 33832, July 23, 1991]



PART 5470--CONTRACT MODIFICATION--EXTENSION--ASSIGNMENT--Table of Contents




         Subpart 5473--Extension of Time for Cutting and Removal

Sec.
5473.1  Application.
5473.4  Approval of request.
5473.4-1  Reappraisal.

                    Subpart 5474--Contract Assignment

5474.1  Conditions; general.

    Authority:  30 U.S.C. 601; 43 U.S.C. 1181e and 1740.

    Source:  35 FR 9787, June 13, 1970, unless otherwise noted.



         Subpart 5473--Extension of Time for Cutting and Removal



Sec. 5473.1  Application.

    In order to be considered, written requests for extension shall be 
delivered to the appropriate BLM office prior to the expiration of the 
time for cutting and removal.
[57 FR 37477, Aug. 19, 1992]



Sec. 5473.4  Approval of request.

    (a) If the purchaser shows that his delay in cutting or removal was 
due to causes beyond his control and without his fault or negligence, 
the contracting officer may grant an extension of time, upon written 
request by the purchaser. Such extension will not exceed one year, and 
will require an appraisal, if the delay was not imposed by the United 
States or any State government agency as provided by paragraph (c) of 
this section. Market fluctuations are not cause for consideration of 
contract

[[Page 926]]

 extensions. Additional extensions may be granted upon written request 
by the purchaser.
    (b) Notwithstanding the provisions of paragraph (a) of this section 
requiring reappraisal if the delay was not imposed by the United States 
or any State government under paragraph (c) of this section, the 
contracting officer may grant an extension of time, without reappraisal, 
not to exceed enough time to provide 30 days of operating time, if the 
delay was due to causes beyond the purchaser's control and without his 
fault or negligence. No additional extensions may be granted without 
reappraisal under the provisions of this paragraph.
    (c) On a showing that the purchaser performed as the average prudent 
operator would be expected to perform in a like time period prior to any 
delaying event listed in this paragraph, the contracting officer may 
grant, without reappraisal, an extension of time not to exceed that 
necessary to provide an additional amount of operating time equal to 
operating time lost as a result of:
    (1) Additional contract requirements incorporated in contract 
modifications requested by the Government;
    (2) Delays necessitated by the requirements for consultation with 
the U.S. Fish and Wildlife Service under the Endangered Species Act;
    (3) Reviews for cultural resource values;
    (4) Court injunctions obtained by parties outside the contract; or
    (5) Closure of operations by State fire protection agencies due to 
fire danger.
    (d) Upon written request of the purchaser, the State Director may 
extend a contract to harvest green timber to allow that purchaser to 
harvest as salvage from Federal lands timber that has been damaged by 
fire or other natural or man-made disaster. The duration of the 
extension shall not exceed the time necessary to meet the salvage 
objectives. The State Director may also waive reappraisal for such 
extension.
[57 FR 37477, Aug. 19, 1992, as amended at 57 FR 62235, Dec. 30, 1992]



Sec. 5473.4-1  Reappraisal.

    (a) If an extension is granted under Sec. 5473.4(a), reappraisal by 
the contracting officer of the material sold will be in accordance with 
this section.
    (b) For a cruise sale the timber sold remaining on the contract area 
shall be reappraised for the purpose of computing the reappraised total 
purchase price. The reappraised total purchase price shall not be less 
than the total purchase price established by the contract or last 
extension. The authorized officer may require that the reappraised total 
purchase price shall be paid in advance as a condition of granting an 
extension.
    (c) For a scale sale each species of timber remaining on the 
contract area shall be reappraised. The reappraised unit price for each 
species shall be effective for the remaining life of the contract: 
Provided, however, The reappraised unit price for each species shall not 
be less than the unit price established by the contract or previous 
extension.
[52 FR 42587, Nov. 5, 1987 and 53 FR 31002, Aug. 17, 1988, as amended at 
56 FR 33833, July 23, 1991; 57 FR 37477, Aug. 19, 1992]



                    Subpart 5474--Contract Assignment



Sec. 5474.1  Conditions; general.

    (a) The purchaser may not assign the contract or any interest 
therein without the written approval of the authorized officer. An 
assignment shall contain all the terms and conditions agreed upon by the 
parties thereto.
    (b) The authorized officer will not approve any proposed assignment 
involving contract performance unless the assignee (1) is authorized to 
transact business in the State in which the timber or other vegetative 
resource is located; (2) submits such information as is necessary to 
assure the authorized officer of his ability to fulfill the contract; 
and (3) furnishes a performance bond as required by subpart 5451 of this 
chapter or obtains a commitment from the previous surety to be bound by 
the assignment when approved. Upon approval of an assignment by the 
authorized officer, the assignee shall be entitled to all the rights and 
subject to all

[[Page 927]]

 the obligations under the contract, and the assignor shall be released 
from any further liability under the contract.



PART 5500--NONSALE DISPOSALS; GENERAL--Table of Contents






                Subpart 5500--Nonsale Disposals; General

    Authority:  61 Stat. 681, as amended, 69 Stat. 367, 48 Stat. 1269, 
sec. 11, 30 Stat. 414, as amended, 30 U.S.C. 601 et seq., 43 U.S.C. 315, 
423.



Sec. 5500.0-3  Authority.

    (a) The Act of July 31, 1947 (61 Stat. 681), as amended by the Acts 
of July 23, 1955 (69 Stat. 367, 30 U.S.C. 601 et seq.) and the Act of 
September 25, 1962 (76 Stat. 587) authorizes the disposal of timber and 
other vegetative resources on public lands of the United States 
including lands embraced within an unpatented mining claim located after 
July 23, 1955, if the disposal of such resources is not otherwise 
expressly authorized by law including, but not limited to, the Act of 
June 28, 1934 (48 Stat. 1269; 43 U.S.C. 315 through 315o-1), as amended, 
and the United States mining laws; is not expressly prohibited by laws 
of the United States; and would not be detrimental to the public 
interest.
    (1) The Act also authorizes the United States, its permittees, and 
licensees to use so much of the surface of any unpatented mining claim 
located under the mining law of the United States after July 23, 1955, 
as may be necessary for access to adjacent land for the purposes of such 
permittees or licensees. Any authorized use of the surface of any such 
mining claim shall be such as not to endanger or materially interfere 
with prospecting, mining or processing operations or uses reasonably 
incident thereto.
    (2) Where the lands have been withdrawn in aid of a function of a 
Federal department or agency other than the Department of the Interior, 
or of a State, county, municipality, water district, or other local 
governmental subdivision or agency, the Secretary of the Interior may 
make disposals under the regulations in this subpart only with the 
consent of such other Federal department or agency or of such State, or 
local governmental unit. The Act of July 23, 1955, supra, provides, 
however, that the Secretary of Agriculture shall dispose of materials 
under the Act of July 31, 1947, as amended, supra, if such materials are 
on lands administered by the Secretary of Agriculture for national 
forest purposes or for purposes of Title III of the Bankhead-Jones Farm 
Tenant Act or where withdrawn for the purpose of any other function of 
the Department of Agriculture.
    (3) The provisions of the Act of July 23, 1955, supra, in disposal 
of vegetative or mineral materials do not apply to lands in any national 
park, or national monument or to any Indian lands or lands set aside or 
held for the use or benefit of Indians including lands over which 
jurisdiction has been transferred to the Department of the Interior by 
Executive order for the use of Indians.
[35 FR 9789, June 13, 1970]



Sec. 5500.0-5  Definitions.

    Except as the context may otherwise indicate, as the terms are used 
in parts 5500 through 5520 of this chapter and in contracts issued 
thereunder:
    (a) Bureau means the Bureau of Land Management, Department of the 
Interior.
    (b) Director means the Director of the Bureau of Land Management.
    (c) Authorized Officer means an employee of the Bureau of Land 
Management, to whom has been delegated the authority to take action.
    (d) O. and C. Lands means the Revested Oregon and California 
Railroad and Reconveyed Coos Bay Wagon Road Grant Lands and other lands 
administered by the Bureau of Land Management under the provisions of 
the Act of August 28, 1937 (50 Stat. 874).
    (e) Public Lands means the public domain and its surface resources 
under the jurisdiction of the Bureau of Land Management.
    (f) Timber means standing trees, downed trees or logs which are 
capable of being measured in board feet.
    (g) Other vegetative resources means all vegetative material which 
cannot be measured in units of board feet of timber.
[35 FR 9789, June 13, 1970]

[[Page 928]]



PART 5510--FREE USE OF TIMBER--Table of Contents




                Subpart 5510--Free Use of Timber; General

Sec.
5510.0-3  Authority.

                   Subpart 5511--Free Use Regulations

5511.1  Act of 1878.
5511.1-1  Free use of timber on mineral and nonmineral public lands.
5511.1-2  Use by settlers and homesteaders of timber on their pending 
          claims.
5511.1-3  Use of timber on lands covered by grazing leases, by lessees, 
          and others.
5511.1-4  Free use of timber upon oil and gas leases.
5511.2  Act of 1898 (Alaska).
5511.2-1  Free use privilege; cutting by agent.
5511.2-2  Free use of timber for Government purposes.
5511.2-3  Permits.
5511.2-4  Timber on withdrawn lands.
5511.2-5  Governing regulations for free use by oil and gas claimants.
5511.3  Act of 1947.
5511.3-1  Free use of timber under other statutes.
5511.3-2  Permits.
5511.3-3  Conservation practices.
5511.3-4  Removal by agent.
5511.3-5  Removal of improvements.
5511.3-6  Permits to governmental units.
5511.3-7  Permits to non-profit organizations.
5511.3-8  Permits to mining claimants.
5511.4  Prohibited acts.
5511.5  Penalties.

    Authority:  61 Stat. 681, as amended; 69 Stat. 367; 48 Stat. 1269, 
sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41 Stat. 450; 30 
U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43 U.S.C. 1201, 30 
U.S.C. 189.

    Source:  35 FR 9790, June 13, 1970, unless otherwise noted.



                Subpart 5510--Free Use of Timber; General



Sec. 5510.0-3  Authority.

    (a) Nonsale disposals Act of June 3, 1878. (1) Authority for free 
use of timber on mineral and nonmineral public lands. Section 5511 is 
issued under authority of the Act of June 3, 1878 (20 Stat. 88; 16 
U.S.C. 604 through 606) and March 3, 1891 (26 Stat. 1093; 16 U.S.C. 
607), as supplemented by the Act of January 11, 1921 (41 Stat. 1088; 16 
U.S.C. 604, 612), settlers upon public lands, citizens and bona fide 
residents of the State, and corporations doing business in the State may 
obtain free use permit for timber.
    (2) Authority for the issuance of regulations governing the free use 
of timber for fuel in drilling operations by oil and gas lessees is 
contained in section 32 of the Act of February 25, 1920 (41 Stat. 405; 
30 U.S.C. 189).

    Cross Reference: For additional free use privileges, see 
Sec. 5511.3.

    (b) Nonsale disposals Act of July 23, 1955. The Act of July 23, 
1955, supra, authorizes the Secretary of the Interior in his discretion 
to permit free use of timber or other vegetative resources or mineral 
materials by any Federal or State governmental agency, unit or 
subdivision, including municipalities, or any association or corporation 
not organized for profit for use other than for commercial or industrial 
purposes or resale. The Act of July 23, 1955, supra, also provides in 
part, under certain circumstances, for a mining claimant to obtain free-
use of timber from other Bureau administered land in lieu of timber 
disposed of by the Bureau from lands covered by his mining locations. 
See Sec. 5511.3-8.
    (c) Nonsale disposals Act of May 14, 1898. Section 5511.2 is issued 
under the authority of section 11, 30 Stat. 414, as amended; 48 U.S.C. 
423. Section 5511.2 appears at 19 FR 8880, Dec. 23, 1954. (1) Section 11 
of the Act of May 14, 1898 (30 Stat. 414; 48 U.S.C. 423), empowers the 
Secretary of the Interior to permit the use of timber found upon the 
public lands in Alaska by actual settlers residents, individual miners, 
and prospectors for minerals for firewood, fencing, buildings, mining, 
prospecting, and for domestic purposes as may actually be needed by such 
persons for such purposes. This section was amended by the Act of June 
15, 1938 (52 Stat. 699), so as to permit the use of such timber by 
churches, hospitals, and charitable institutions for firewood, fencing, 
buildings, and for other domestic purposes.



                   Subpart 5511--Free Use Regulations



Sec. 5511.1  Act of 1878.



Sec. 5511.1-1  Free use of timber on mineral and nonmineral public lands.

    (a) Lands on which timber may be cut. Free-use permits to cut timber 
may be issued covering public lands as follows:
    (1) Mineral lands, unoccupied and unreserved and not subject to 
entry under existing laws of the United States, except for mineral 
entry, in the States of

[[Page 929]]

Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, 
South Dakota, Utah, and Wyoming. (Act of June 3, 1878, 20 Stat. 88; 16 
U.S.C. 604 through 606);
    (2) Nonmineral, unoccupied, and unreserved public lands in the 
States mentioned and also in the States of California, Oregon, and 
Washington.
    (b) Kind of timber which may be cut. The proper protection of the 
timber and undergrowth necessarily varies with the nature of the 
topography, soil, and forest. No timber not matured may be cut, and each 
tree taken must be utilized for some beneficial domestic purpose. 
Persons taking timber for specific purposes will be required to take 
only such matured trees as will work up to such purpose without 
unreasonable waste. Stumps will be cut so as to cause the least possible 
waste and all trees will be utilized to as low a diameter in the tops as 
possible. All brush, tops, logs, and other forest debris made in felling 
and removing timber under this section shall be disposed of as best 
adapted to the protection of the remaining growth and in such manner as 
shall be prescribed by the authorized officer, and failure on the part 
of the applicant, or an agent cutting for an applicant, to comply with 
this requirement will render him liable for all expenses incurred by the 
authorized officer in putting this regulation into effect.
    (c) Area of land to be cut over. The permits shall limit the area of 
cutting to embrace only so much land as is necessary to produce the 
quantity of timber applied for.
    (d) Use which may be made of timber. Timber may be cut under 
approved permit when actually needed for firewood, fencing, building, or 
other agricultural, mining, manufacturing, and domestic purposes.
    (e) Exportation of timber. Timber may not be exported from the State 
in which it is cut except:
    (1) Timber from a specified area in Wyoming may be exported into 
Idaho (Act of July 1, 1898, 30 Stat. 618; 16 U.S.C. 607, 611);
    (2) Timber from a specified area in Montana may be exported into 
Wyoming (Act of March 3, 1901, 31 Stat. 1439; 16 U.S.C. 607, 613);
    (3) Under the Act of March 3, 1919 (40 Stat. 1321; 16 U.S.C. 608), 
citizens of Malheur County, Oregon, may cut timber in Idaho and remove 
such timber to Malheur County, Oregon;
    (4) Under the Act of March 3, 1919 (40 Stat. 1322; 16 U.S.C. 609), 
citizens of Modoc County, California, may cut timber in Nevada and 
remove such timber to Modoc County, California;
    (5) Timber from a specified area in Arizona may be exported into 
Utah (Act of February 27, 1922, 42 Stat. 398; 16 U.S.C. 610);
    (6) Citizens of Bear Lake County, Idaho, may cut timber from public 
lands in Lincoln County, Wyoming, and remove such timber to Bear Lake 
County, Idaho, but no live standing timber may be taken without 
compensation (Act of August 21, 1935, 49 Stat. 665; 16 U.S.C. 611a).
    (f) Application and permit--(1) Information to be furnished by 
applicant. (i) Applications should be filed in duplicate and should set 
forth the names and post-office addresses of the applicants, and any 
agent or agents who may be employed to procure the timber. Where a 
corporation is the applicant, the State in which it was incorporated 
should also be shown.
    (ii) Blank forms for making application may be procured from the 
State Director for the State in which the timber to be removed is 
located.
    (iii) Applications should show the amount of timber required by each 
applicant; the use to be made thereof; a description of the land from 
which the timber is to be cut, by subdivision, section, township, and 
range, if surveyed, or by natural objects sufficient to identify the 
same if unsurveyed; and the date it is desired to begin cutting.
    (2) Duration of permit. All rights and privileges under a permit 
shall terminate at the expiration of the period of 1 year from the date 
of approval of the permit.
    (g) Agents--(1) Cutting of timber by agents. Where one or more 
persons desire timber, and are not in a position to procure the same for 
themselves, an agent or agents may be appointed for that purpose. Such 
agent shall not be paid more than a fair recompense for the time, labor, 
and money expended in

[[Page 930]]

procuring the timber and manufacturing the same into lumber, and no 
charge shall be made for the timber itself. The said compensation must 
be set forth in a written contract to be entered into by the parties, 
and a copy thereof must be filed with the application.
    (2) Cutting of timber by agent who is a sawmill operator. If the 
amount of timber applied for exceeds $50 in stumpage value, for any 
continuous period of 12 months, and the timber is to be procured by an 
agent who is a sawmill operator, a bond equal to three times the amount 
of the stumpage value of the timber applied for will be required, 
conditioned upon the faithful performance of the requirements.
[35 FR 9790, June 13, 1970, as amended at 60 FR 50450, Sept. 29, 1995]



Sec. 5511.1-2  Use by settlers and homesteaders of timber on their pending claims.

    This section is issued under the authority of R.S. 2478; 43 U.S.C. 
1201.
    (a) Timber cutting on unperfected claims. Homestead claimants who 
have made bona fide settlements upon public land, surveyed or 
unsurveyed, and who are living upon, cultivating, and improving the same 
in accordance with law and the rules and regulations of the Department 
of the Interior, with the intention of acquiring title thereto, are 
permitted to cut and remove, or cause to be cut and removed, from the 
portion thereof being cleared for cultivation, so much timber as is 
actually necessary for that purpose, or for buildings, fences, and other 
improvements on the land entered. (See 18 U.S.C. 1852.)
    (b) Clearing for cultivation. In clearing for cultivation, should 
there be a surplus of timber over what is needed for the purposes above 
specified, the claimant may sell or dispose of such surplus; but it is 
not allowable to denude the land of its timber for the purpose of sale 
or speculation before the title has been conveyed to him by patent.
    (c) Abandonment of claim. The abandonment of a claim after the 
timber has been removed is presumptive evidence that the claim was made 
for the primary purpose of obtaining the timber.
    (d) Exchange of timber for lumber. A bona fide claimant is also 
permitted to exchange timber for lumber for improvements upon his claim, 
provided he exchanges timber for lumber of equal value, and only so much 
as is actually necessary for the required improvements, exclusive of the 
cost of cutting, sawing and hauling such timber or lumber to and from 
the mill. In other words, he has a right to cut as many trees as may be 
necessary to make or complete his improvements, whether 30, 40, or more, 
but any cutting in excess of the number of trees required for the 
improvements would be unlawful.

    Effective Date Note:  At 62 FR 51377, Oct. 1, 1997, Sec. 5511.1-2 
was removed, effective Oct. 31, 1997.



Sec. 5511.1-3  Use of timber on lands covered by grazing leases, by lessees, and others.

    (a) Before taking timber under a lease issued under section 15 of 
the Taylor Grazing Act, as amended by the Act of June 26, 1936 (49 Stat. 
1978; 43 U.S.C. 315m), the lessee should file application for and 
procure a permit in accordance with the regulations issued under the 
Acts of June 3, 1878 (20 Stat. 88; 16 U.S.C. 604 through 606), and March 
3, 1891 (26 Stat. 1093; 16 U.S.C. 607), Secs. 5510.0-3(a) and 5511.1-
1(a) to 5511.1-1(g).
    (b) Where application is made by a person other than the lessee to 
take timber from lands embraced in a grazing lease issued under section 
15 of the said Act, investigation should be made to ascertain the facts 
in the case and whether or not the cutting of the timber applied for 
would adversely affect the lands for grazing purposes. If no objection 
appears, the permit may issue but should contain a provision that the 
timber cutting thereunder must be done in such manner as will not 
interfere with the rights of the lessee.
    (c) All applications for timber should be filed with the State 
Director for the State in which the timber to be cut is located and 
should comply with the regulations contained in Sec. 5511.1-1.

(Sec. 1, 20 Stat. 88, as amended, 26 Stat. 1003, as amended; 16 U.S.C. 
604, 607)

[[Page 931]]



Sec. 5511.1-4  Free use of timber upon oil and gas leases.

    (a) Application--(1) Where to apply. Any oil and gas lessee, or 
assignee, desiring timber to be used for fuel in drilling operations on 
a lease not within a national forest, shall file application therefor, 
on the prescribed form with the officer who issued the lease.
    (2) Notice of rejection of application; right of appeal. The 
applicant shall be notified by registered mail in all cases where the 
permit applied for is not granted and he shall be allowed 30 days from 
service of notice within which to appeal from such decision to the 
Director of the Bureau of Land Management.
    (3) Notice by applicant to settler or entryman. Where the land 
involved in the oil and gas lease is occupied by a settler or is 
embraced in an unperfected homestead entry, the applicant must serve 
notice by registered mail, on the settler, or entryman, showing the 
amount and kind of timber he has applied for.
    (i) Evidence of service of such notice must be furnished.
    (ii) The settler or entryman shall be allowed 30 days from service 
of notice within which to show cause why the permit should not be 
granted.
    (iii) Permits in such cases will be issued only where there is an 
abundance of timber on the land, and the removal thereof will not 
materially affect the use of the land by the agricultural claimant.
    (4) Notice of action on application. The applicant shall be notified 
by registered mail in all cases where the permit applied for is not 
granted and the settler or homestead entryman shall be notified in a 
like manner before the issuance of the permit in all cases where 
protests are filed against the issuance of such permit.
    (b) Land subject to permit. A permit granted under this section 
shall not embrace any land not included in the oil and gas lease, issued 
or assigned to the applicant. No permit will be issued where title to 
the surface has passed from the United States.
    (c) Termination of right to cut timber. All rights and privileges 
under a permit issued under these instructions, shall terminate upon the 
expiration or cancellation of the oil and gas lease, or upon the 
discovery of oil in sufficient quantity for use as fuel in drilling 
operations.
    (d) Cutting and use of timber. Timber cut under a permit issued 
under this section may be used for fuel in drilling operations conducted 
on the land embraced in the oil and gas lease, and all brush, tops, 
lops, and other debris made in felling and removing the timber shall be 
disposed of as best adapted to the protection of the remaining growth, 
and in such manner as shall be prescribed by the authorized officer and 
failure on the part of the permittee to comply with this requirement 
will render him liable for all expenses incurred in putting this 
regulation into effect.
[35 FR 9790, June 13, 1970, as amended at 60 FR 50450, Sept. 29, 1995]

    Effective Date Note:  At 62 FR 51377, Oct. 1, 1997, Sec. 5511.1-4 
was removed, effective Oct. 31, 1997.



Sec. 5511.2  Act of 1898 (Alaska).



Sec. 5511.2-1  Free use privilege; cutting by agent.

    (a) Except as provided in Sec. 5511.1-4 the only timber which may be 
cut under Secs. 5511.2-1 through 5511.2-5 for free use in Alaska is 
timber on vacant public lands in the State not reserved for national 
forest or other purposes. The timber so cut may not be sold or bartered. 
The free use privilege does not extend to associations or corporations, 
except churches, hospitals, and charitable institutions. Any applicant 
entitled to the free use of timber may procure it by agent, if desired, 
but no part of the timber may be used in payment for services in 
obtaining it or in manufacturing it into lumber. Timber may not be cut 
by an applicant under this section after the land has been included in a 
valid homestead settlement or entry or other claim, except that any 
applicant for the free use of timber who has been granted a permit to 
cut as hereinafter provided, will have a right to cut the timber while 
the permit remains in force as against a subsequent applicant who may 
wish to obtain the same timber by purchase.

[[Page 932]]

    (b) Free use permits will not be issued where the applicant owns or 
controls lands having an adequate supply of timber to meet his needs.
[35 FR 9790, June 13, 1970, as amended at 60 FR 50451, Sept. 29, 1995]

    Effective Date Note:  At 62 FR 51377, Oct. 1, 1997, Sec. 5511.2-1 
was was amended by removing paragraph (a) and paragraph designation (b), 
effective Oct. 31, 1997.



Sec. 5511.2-2  Free use of timber for Government purposes.

    Persons contracting with Government officials to furnish firewood or 
timber for United States Army posts or for other authorized Government 
purposes may procure it from the vacant and unreserved public lands in 
Alaska free of charge, provided the contracts do not include any charge 
for the value of the firewood or timber. Where it is desired to procure 
timber for such use, an application for permit in duplicate on a form 
approved by the Director must be filed, as in other cases, and a copy of 
the contract must be attached to the application.



Sec. 5511.2-3  Permits.

    (a) Application for permit. Before timber is cut for free use, an 
application for permit in duplicate on a form approved by the Director 
must be filed in an office or with an employee of the Bureau of Land 
Management in Alaska.
    (b) Issuance and cancellation of permit; removal of timber; bond. 
(1) A permit may be issued and shall incorporate the provisions, if any, 
governing the selection, removal, and use of the materials. One copy of 
the official form shall be returned to the applicant showing the 
approval or rejection of such application.
    (2) The authorized officer may cancel a permit if the permittee 
fails to observe its terms and conditions, or the regulations in 
Secs. 5511.2-1 to 5511.2-6, or if the permit has been issued 
erroneously.
    (3) No timber shall be removed until the permit is issued. If deemed 
necessary by the signing officer, a bond, satisfactory to him, may be 
required as a guarantee of faithful performance of the provisions of the 
permit and the regulations in Secs. 5511.2-1 to 5511.2-6.
    (c) Cutting rules and restrictions. All free-use timber shall be cut 
and removed in accordance with approved forestry and conservation 
practices so as to preserve to the maximum extent feasible all scenic, 
recreational, watershed, and other values of the land and resources. In 
the free-use disposal of timber, the cutting and removal shall be 
accomplished in such manner as to leave the stand in condition for 
continuous production. Moreover, no green timber shall be cut within 300 
feet of either side of the center line of a highway or public road, or 
bordering streams or the shores of lakes designated for recreational use 
unless specifically authorized by the authorized officer, to prevent or 
control fungus infection or insect attacks, or for other reasons found 
sufficient to justify such cutting.
    (d) Amount of timber which may be cut. During each calendar year 
each applicant entitled to the benefits of section 11 of the Act of May 
14, 1898, may take a total of 100,000 feet board measure or 200 cords in 
saw logs, piling, cordwood, or other timber. This amount may be taken in 
whole in any one of such classes of timber or in part of one kind and in 
part of another kind or other kinds. Where a cord is the unit of 
measure, it shall be estimated in relation with saw timber in the ratio 
of 500 feet board measure to the cord. Permits to take timber in excess 
of the amount stated may be granted to churches, hospitals, and 
charitable institutions upon a showing of special necessity therefor, 
and with the approval of the authorized officer.
    (e) Notice of completion of timber cutting operations. Upon 
completion of the cutting and the removal of the timber, the permittee 
must notify the State Director, or other forest officer, stating when 
the work was completed, the land from which the timber was taken, the 
amount and kind of timber which was cut and removed, and the use to 
which the timber was put.
    (f) Termination of permit; extensions. Permits shall be granted for 
periods not to exceed one year and shall terminate on the expiration 
dates shown therein unless extended by the signing officer.

[[Page 933]]



Sec. 5511.2-4  Timber on withdrawn lands.

    Sections 5511.2-1 to 5511.2-5 are inapplicable to timber on 
withdrawn areas unless the order of withdrawal so permits.
[35 FR 9790, June 13, 1970, as amended at 60 FR 50451, Sept. 29, 1995]



Sec. 5511.2-5  Governing regulations for free use by oil and gas claimants.

    The free use of timber upon oil and gas leases by lessees, 
authorized by the Secretary of the Interior under authority of section 
32 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 189), is 
governed by Sec. 5511.1-4.
[35 FR 9790, June 13, 1970. Redesignated and amended at 60 FR 50451, 
Sept. 29, 1995]

    Effective Date Note:  At 62 FR 51377, Oct. 1, 1997, Sec. 5511.2-5 
was removed, effective Oct. 31, 1997.



Sec. 5511.3  Act of 1947.



Sec. 5511.3-1  Free use of timber under other statutes.

    Free use will be allowed under the following circumstances:
    (a) In certain States by settlers on public lands, citizens and bona 
fide residents of the State, and corporations doing business in the 
State (Sec. 5511.1), and
    (b) In Alaska by actual settlers, residents, individual miners, 
prospectors for minerals, churches, hospitals and charitable 
institutions (Sec. 5511.2).
    (c) Free-use of timber by Governmental units, nonprofit 
organizations, and certain mining claimants may be authorized under the 
act and these regulations only when such applicants cannot qualify under 
the provisions of Secs. 5511.1 to 5511.1-4 and Sec. 5511.2.



Sec. 5511.3-2  Permits.

    (a) Application for permit. An application for permit in duplicate, 
must be made on a form approved by the Director and filed in any office 
or with any employee of the Bureau of Land Management authorized to 
issue a permit. A free-use permit may be applied for without formal 
application for the removal of not more than three Christmas trees upon 
oral or written request.
    (b) Issuance and cancellation of free-use permits; bond. (1) A free-
use permit, on a form approved by the Director, shall incorporate the 
provisions, if any, governing the selection, removal, and use of timber. 
Free-use permits shall not be issued when the applicant owns or controls 
an adequate supply of the material to meet his needs. Timber applied for 
must be for the applicant's own use and may not be bartered or sold. No 
timber may be cut or removed until the permit is issued.
    (2) The authorized officer may cancel a permit if the permittee 
fails to observe its terms and conditions or the regulations, or if the 
permit has been issued erroneously.
    (3) A bond satisfactory to the authorized officer may be required as 
a guarantee of faithful performance of the provisions of the permit and 
applicable regulations.
    (4) A free-use permit issued under this part may not be assigned.
    (c) Duration, extension, and termination of permit. (1) Permits 
shall be granted for periods not to exceed 6 months and shall terminate 
on the expiration dates shown therein unless extended by the authorized 
officer. An extension not to exceed 3 months may be granted by the 
authorized officer. The permittee must notify the officer-in-charge upon 
the completion of removal.
    (2) Permits issued for the benefit of a mining claimant under 
authority of the act shall terminate upon transfer of the ownership of 
the claim by any means. Reapplication must be made by the new claimants.



Sec. 5511.3-3  Conservation practices.

    All free-use timber disposed of under the act shall be severed, or 
removed in accordance with sound forestry and conservation practices so 
as to preserve to the maximum extent feasible all scenic, recreational, 
watershed and other values of the land and resources. In the free-use 
disposal of timber, cutting and removal shall be accomplished in such a 
manner as to leave the stand in condition for continuous production.



Sec. 5511.3-4  Removal by agent.

    A free-use permittee may procure the timber by agent. Such agent 
shall not, however, be paid more than fair compensation for the time, 
labor and

[[Page 934]]

money expended in procuring timber and processing it, and no charge 
shall be made by such agent for the timber itself. No part of the timber 
may be used in payment for services in obtaining it or processing it.



Sec. 5511.3-5  Removal of improvements.

    Upon expiration of the permit period the permittee will be given 90 
days to remove equipment, personal property and any improvements he has 
placed on the land, except roads, culverts and bridges are to be left in 
place, in good condition and will become the property of the United 
States upon expiration of the 90-day removal period.



Sec. 5511.3-6  Permits to governmental units.

    A free-use permit may be issued to a Federal or State agency, unit, 
or subdivision, including a municipality, only if the applicant makes a 
satisfactory showing to the authorized officer that such timber will be 
used for a public project. The right to remove timber under the permit 
is not revoked or terminated by (a) any subsequent claim or entry of the 
lands, (b) by any mining claim located prior to the issuance of the 
permit if such location was subsequent to July 23, 1955, nor (c) by any 
other mining claim as to which the Government's right to manage the 
surface resources has been established in accordance with Group 3800 of 
this chapter, or other proceedings.



Sec. 5511.3-7  Permits to nonprofit organizations.

    A free-use permit issued to a nonprofit association or corporation 
may not provide for the disposition of more than $100 worth of timber to 
the permittee during any one calendar year. Such permittee is granted a 
right to remove timber as against a subsequent applicant who may wish to 
obtain the same timber by purchase. The timber may not be removed by the 
permittee after the land has been included in a valid claim by reason of 
settlement, entry, or similar rights obtained under the public land 
laws.



Sec. 5511.3-8  Permits to mining claimants.

    (a) Free-use timber shall be granted under Sec. 5510.0-3(b) to the 
record owner of a valid mining claim if such claim was located 
subsequent to July 23, 1955, or if the Government's right to manage the 
surface resources has been established in accordance with Group 3400 of 
this chapter, and he requires more timber than is available to him for 
prospecting, mining, or processing operations on his claim or claims 
after disposition of timber from his claim by the United States. The 
claimant shall be entitled to the free use of timber for such 
requirements from the nearest timber administered by the Bureau which is 
substantially equal in kind and quantity to the timber estimated by the 
authorized officer at the time of application to have been disposed of 
by the Bureau from the claim. Upon issuance of a patent to the mining 
claims, the free-use privilege will automatically terminate.
    (b) The application required to be filed for free-use timber under 
this section must contain a statement that the timber applied for will 
be used for bona fide prospecting, mining, or prospecting operations on 
the claim or group of claims designated in the application. The 
applicant must also include a statement that he is the record owner of a 
valid mining claim or claims from which the timber was originally 
removed by the Government.



Sec. 5511.4  Prohibited acts.

    (a) In addition to the prohibited acts listed in Sec. 5462.2, the 
acts or omissions listed in paragraph (b) will render the person(s) 
responsible liable to the United States in a civil action for trespass 
and such persons may be prosecuted criminally.
    (b) The following acts are prohibited:
    (1) Obtaining any free use permit or taking any timber, trees, or 
other vegetative resources through falsifying, concealing, or covering 
up by any trick, scheme, or device a material fact, or making any false, 
fictitious, or fraudulent statements or representations, or making or 
using any false, fictitious or fraudulent statement or

[[Page 935]]

 entry, including altering of any free use permit or using a 
reproduction of any official load tags.
    (2) Using timber secured under a free use permit for any purpose 
other than provided for in Secs. 5511.1-1(d), 5511.1-2, 5511.1-4, 
5511.2-2, 5511.3-6, or 5511.3-8.
    (3) Violating any of the terms and conditions of a free use permit.
    (4) Exporting timber cut under a free use permit from the State in 
which it was cut, except as provided in Sec. 5511.1-1(e).
    (5) The cutting of timber under a free use permit for sale, barter, 
speculation, or use by others than the permittee.
[60 FR 50451, Sept. 29, 1995]

    Effective Date Note:  At 62 FR 51377, Oct. 1, 1997, Sec. 5511.4 was 
amended by reserving paragraph (b)(2), effective Oct. 31, 1997.



Sec. 5511.5  Penalties.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a), any individual who knowingly and willfully 
commits the prohibited acts under Sec. 5511.4(b) is subject to arrest 
and trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $100,000, or not more than $250,000 
if commission of the prohibited acts results in death, in accordance 
with the applicable provisions of the Sentencing Reform Act of 1984 (18 
U.S.C. 3551 et. seq.), or imprisonment not to exceed 12 months, or both, 
for each offense, and any organization that commits these prohibited 
acts is subject to arrest and trial by the United States Magistrate and, 
if convicted, shall be subject to a fine of not more than $200,000, or 
not more than $500,000 if commission of the prohibited acts results in 
death.
[60 FR 50451, Sept. 29, 1995]

[[Page 936]]





                     SUBCHAPTER F (6000)  [RESERVED]





                     SUBCHAPTER G (7000)  [RESERVED]





                    SUBCHAPTER H--RECREATION PROGRAMS





Group 8100--Cultural Resource Management [Reserved]






Group 8200--Natural History Resource Management--Table of Contents






PART 8200--PROCEDURES--Table of Contents




                          Subpart 8200--General

Sec.
8200.0-1  Purpose.

                  Subpart 8223--Research Natural Areas

8223.0-1  Purpose.
8223.0-5  Definitions.
8223.0-6  Policy.
8223.1  Use of research natural areas.

            Subpart 8224--Fossil Forest Research Natural Area

8224.0-1  Purpose.
8224.0-2  Objectives.
8224.0-3  Authority.
8224.0-5  Definitions.
8224.0-6  Policy.
8224.1  Use of Fossil Forest Research Natural Area.
8224.2  Penalties.

    Authority:  43 U.S.C. 1181 (a) and (e), 43 U.S.C. 1201, 43 U.S.C. 
1701 et seq.

    Source:  43 FR 40735, Sept. 12, 1978, unless otherwise noted.



                          Subpart 8200--General



Sec. 8200.0-1  Purpose.

    This part 8200 provides procedures and practices for the management 
and use of public lands that have ecological or other natural history 
values of scientific interest.



                  Subpart 8223--Research Natural Areas



Sec. 8223.0-1  Purpose.

    The purpose of this part is to provide procedures for the management 
and protection of public lands having natural characteristics that are 
unusual or that are of scientific or other special interest.



Sec. 8223.0-5  Definitions.

    (a) Research natural area means an area that is established and 
maintained for the primary purpose of research and education because the 
land has one or more of the following characteristics: (1) A typical 
representation of a common plant or animal association; (2) an unusual 
plant or animal association; (3) a threatened or endangered plant or 
animal species; (4) a typical representation of common geologic, soil, 
or water features; or (5) outstanding or unusual geologic, soil, or 
water features.



Sec. 8223.0-6  Policy.

    Areas established as research natural areas shall be of sufficient 
number and size to adequately provide for scientific study, research, 
and demonstration purposes.



Sec. 8223.1  Use of research natural areas.

    (a) No person shall use, occupy, construct, or maintain facilities 
in a research natural area except as permitted by law, other Federal 
regulations, or authorized under provisions of this subpart 8223.
    (b) No person shall use, occupy, construct, or maintain facilities 
in a manner inconsistent with the purpose of the research natural area.
    (c) Scientists and educators shall use the area in a manner that is 
nondestructive and consistent with the purpose of the research natural 
area.



            Subpart 8224--Fossil Forest Research Natural Area

    Authority:  Sec. 103, San Juan Basin Wilderness Protection Act of 
1984 (Pub. L. 98-603, 98 Stat. 3155), the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), and 18 U.S.C. 641.

    Source:  50 FR 42123, Oct. 17, 1985, unless otherwise noted.

[[Page 937]]



Sec. 8224.0-1  Purpose.

    The purpose of this subpart is to provide procedures for the 
management and use of the public lands in the Fossil Forest of New 
Mexico.



Sec. 8224.0-2  Objectives.

    The objectives are management in accordance with the Federal Land 
Policy and Management Act of 1976 and for protection of the aesthetic, 
natural, educational, and scientific research values of the Fossil 
Forest, including paleontological study, excavation and interpretation 
projects within the Fossil Forest, until Congress determines otherwise.



Sec. 8223.0-3  Authority.

    This subpart is issued under the authority of the San Juan Basin 
Wilderness Protection Act of 1984 (Pub. L. 98-603, 98 Stat. 3155), the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
and 18 U.S.C. 641.



Sec. 8224.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management designated to perform the duties described in this subpart:
    (b) Fossil means the remains or trace(s) of an organism or 
assemblage of organisms which have been preserved by natural processes 
in the earth's crust. The term does not mean energy minerals, such as 
coal, oil and gas, oil shale, bitumen, lignite, asphaltum and tar sands, 
even though they are of biologic origin:
    (c) Fossil Forest or Fossil Forest Research Natural Area means those 
public lands as described in section 103(a) of the San Juan Basin 
Wilderness Protection Act of 1984 (Pub. L. 98-603, 98 Stat. 3155).



Sec. 8224.0-6  Policy.

    No activities will be permitted within the Fossil Forest that would 
significantly disturb the land surface or impair the existing natural, 
educational, and scientific research values of the area.



Sec. 8224.1  Use of the Fossil Forest Research Natural Area.

    (a) Fossils may be collected, excavated, or removed only under a 
permit issued under Sec. 2920.2-2 of this title by the Director, New 
Mexico State Office, Bureau of Land Management, P.O. Box 1449, Santa Fe, 
NM 87504-1419. Permits shall be issued only to institutions and 
individuals engaged in research, museum, or educational projects that 
are approved by the authorized officer and that provide for detailed 
recordation, reporting, care of specimens, and availability of specimens 
to other scientists and museums.
    (b) Petrified wood shall not be collected and removed from the 
Fossil Forest either for free use as permitted under Sec. 3622.3 of this 
title or for commercial sale as permitted under Sec. 3610.1.
    (c) The Fossil Forest is closed to motorized use, except as 
permitted by the authorized officer.
    (d) Except as otherwise provided in paragraphs (a), (b), and (c) of 
this section, the provisions of part 8360 of this title apply to 
recreational use in the Fossil Forest.
    (e) Rights-of-way may be approved only for temporary projects which 
do not significantly disturb the surface of the land or impair the 
existing values of the area.
    (f) The grazing of livestock where such use was established before 
October 30, 1984, shall be allowed to continue under the regulations on 
the grazing of livestock on public lands in part 4100 of this title, so 
long as it does not disturb the natural, educational, and scientific 
research values of the Fossil Forest. Grazing permits or leases may be 
modified under Sec. 4130.6-3 of this title, if necessary to protect 
these resources.
    (g) The lands in Fossil Forest shall not be sold or exchanged except 
as authorized by section 105(b) of the San Juan Basin Wilderness 
Protection Act of 1984 (Pub. L. 98-603, 98 Stat. 3157).
    (h) The Fossil Forest is closed to the operation of the mining laws 
and to disposition under the mineral leasing laws and geothermal leasing 
laws, as of October 30, 1984, subject to valid existing rights.
    (i) Operations on oil and gas leases issued before October 30, 1984, 
are subject

[[Page 938]]

to the applicable provisions of Group 3100 of this title, including 
those set forth in Sec. 3162.5-1, and such other terms, stipulations, 
and conditions as the authorized officer deems necessary to avoid 
significant disturbance of the land surface or impairment of the area's 
existing natural, educational, and scientific research values, including 
paleontological study, excavation, and interpretation.
    (j) The regulations in 43 CFR part 7 apply to the management and 
protection of archaeological resources in Fossil Forest.
    (k) The paleontological resources of the Fossil Forest shall not be 
willfully destroyed, defaced, damaged, vandalized, or otherwise altered.



Sec. 8224.2  Penalties.

    (a) Any person who willfully violates any prohibition under either 
Sec. 8224.1(b), (c) or (k) of this title shall be subject to a fine not 
to exceed $1,000 or imprisonment of not to exceed 12 months, or both.
    (b) Any person who willfully and without authorization collects or 
removes palentological resources whose value is greater than $100, for 
which a permit is required under Sec. 8224.1(a) or (b) of this title, 
shall be subject to a fine not to exceed $10,000, or imprisonment not to 
exceed 10 years, or both (18 U.S.C. 641).



PART 8340--OFF-ROAD VEHICLES--Table of Contents




                          Subpart 8340--General

Sec.
8340.0-1  Purpose.
8340.0-2  Objectives.
8340.0-3  Authority.
8340.0-5  Definitions.
8340.0-7  Penalties.
8340.0-8  Applicability.

                     Subpart 8341--Conditions of Use

8341.1  Regulations governing use.
8341.2  Special rules.

              Subpart 8342--Designation of Areas and Trails

8342.1  Designation criteria.
8342.2  Designation procedures.
8342.3  Designation changes.

                    Subpart 8343--Vehicle Operations

8343.1  Standards.

                          Subpart 8344--Permits

8344.1  Permit requirements.

    Authority:  43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et seq., 
16 U.S.C. 1281c, 16 U.S.C. 670 et seq., 16 U.S.C. 460l-6a, 16 U.S.C. 
1241 et seq., and 43 U.S.C. 1701 et seq.

    Source:  44 FR 34836, June 15, 1979, unless otherwise noted.



                          Subpart 8340--General



Sec. 8340.0-1  Purpose.

    The purpose of this part is to establish criteria for designating 
public lands as open, limited or closed to the use of off-road vehicles 
and for establishing controls governing the use and operation of off-
road vehicles in such areas.



Sec. 8340.0-2  Objectives.

    The objectives of these regulations are to protect the resources of 
the public lands, to promote the safety of all users of those lands, and 
to minimize conflicts among the various uses of those lands.



Sec. 8340.0-3  Authority.

    The provisions of this part are issued under the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Taylor Grazing 
Act (43 U.S.C. 315a); the Endangered Species Act (16 U.S.C. 1531 et 
seq.); the Wild and Scenic Rivers Act (16 U.S.C. 1281c); the Act of 
September 15, 1960, as amended (16 U.S.C. 670 et seq.); the Land and 
Water Conservation Fund Act (16 U.S.C. 460 l-6a); the National Trails 
System Act (16 U.S.C. 1241 et seq.) and E.O. 11644 (Use of Off-Road 
Vehicles on the Public Lands), 37 FR 2877, 3 CFR part 74, 332, as 
amended by E.O. 11989 42 FR 26959 (May 25, 1977).



Sec. 8340.0-5  Definitions.

    As used in this part:
    (a) Off-road vehicle means any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain, excluding: (1) Any nonamphibious registered

[[Page 939]]

motorboat; (2) any military, fire, emergency, or law enforcement vehicle 
while being used for emergency purposes; (3) any vehicle whose use is 
expressly authorized by the authorized officer, or otherwise officially 
approved; (4) Vehicles in official use; and (5) any combat or combat 
support vehicle when used in times of national defense emergencies.
    (b) Public lands means any lands the surface of which is 
administered by the Bureau of Land Management.
    (c) Bureau means the Bureau of Land Management.
    (d) Official use means use by an employee, agent, or designated 
representative of the Federal Government or one of its contractors, in 
the course of his employment, agency, or representation.
    (e) Planning system means the approach provided in Bureau 
regulations, directives and manuals to formulate multiple use plans for 
the public lands. This approach provides for public participation within 
the system.
    (f) Open area means an area where all types of vehicle use is 
permitted at all times, anywhere in the area subject to the operating 
regulations and vehicle standards set forth in subparts 8341 and 8342 of 
this title.
    (g) Limited area means an area restricted at certain times, in 
certain areas, and/or to certain vehicular use. These restrictions may 
be of any type, but can generally be accommodated within the following 
type of categories: Numbers of vehicles; types of vehicles; time or 
season of vehicle use; permitted or licensed use only; use on existing 
roads and trails; use on designated roads and trails; and other 
restrictions.
    (h) Closed area means an area where off-road vehicle use is 
prohibited. Use of off-road vehicles in closed areas may be allowed for 
certain reasons; however, such use shall be made only with the approval 
of the authorized officer.
    (i) Spark arrester is any device which traps or destroys 80 percent 
or more of the exhaust particles to which it is subjected.
[44 FR 34836, June 15, 1979, as amended at 53 FR 31003, Aug. 17, 1988]



Sec. 8340.0-7  Penalties.

    Any person who violates or fails to comply with the regulations of 
subparts 8341 and 8343 is subject to arrest, conviction, and punishment 
pursuant to appropriate laws and regulations. Such punishment may be a 
fine of not more than $1,000 or imprisonment for not longer than 12 
months, or both.



Sec. 8340.0-8  Applicability.

    The regulations in this part apply to all public lands, roads, and 
trails under administration of the Bureau.



                     Subpart 8341--Conditions of Use



Sec. 8341.1  Regulations governing use.

    (a) The operation of off-road vehicles is permitted on those areas 
and trails designated as open to off-road vehicle use.
    (b) Any person operating an off-road vehicle on those areas and 
trails designated as limited shall conform to all terms and conditions 
of the applicable designation orders.
    (c) The operation of off-road vehicles is prohibited on those areas 
and trails closed to off-road vehicle use.
    (d) It is prohibited to operate an off-road vehicle in violation of 
State laws and regulations relating to use, standards, registration, 
operation, and inspection of off-road vehicles. To the extent that State 
laws and regulations do not exist or are less stringent than the 
regulations in this part, the regulations in this part are minimum 
standards and are controlling.
    (e) No person may operate an off-road vehicle on public lands 
without a valid State operator's license or learner's permit where 
required by State or Federal law.
    (f) No person shall operate an off-road vehicle on public lands:
    (1) In a reckless, careless, or negligent manner;
    (2) In excess of established speed limits;
    (3) While under the influence of alcohol, narcotics, or dangerous 
drugs;
    (4) In a manner causing, or likely to cause significant, undue 
damage to or disturbance of the soil, wildlife, wildlife habitat, 
improvements, cultural, or

[[Page 940]]

vegetative resources or other authorized uses of the public lands; and
    (5) During night hours, from a half-hour after sunset to a half-hour 
before sunrise, without lighted headlights and taillights.
    (g) Drivers of off-road vehicles shall yield the right-of-way to 
pedestrians, saddle horses, pack trains, and animal-drawn vehicles.
    (h) Any person who operates an off-road vehicle on public lands must 
comply with the regulations in this part, and in Sec. 8341.2 as 
applicable, while operating such vehicle on public lands.
[44 FR 34836, June 15, 1979, as amended at 45 FR 47843, July 17, 1980]



Sec. 8341.2  Special rules.

    (a) Notwithstanding the consultation provisions in Sec. 8342.2(a), 
where the authorized officer determines that off-road vehicles are 
causing or will cause considerable adverse effects upon soil, 
vegetation, wildlife, wildlife habitat, cultural resources, historical 
resources, threatened or endangered species, wilderness suitability, 
other authorized uses, or other resources, the authorized officer shall 
immediately close the areas affected to the type(s) of vehicle causing 
the adverse effect until the adverse effects are eliminated and measures 
implemented to prevent recurrence. Such closures will not prevent 
designation in accordance with procedures in subpart 8342 of this part, 
but these lands shall not be opened to the type(s) of off-road vehicle 
to which it was closed unless the authorized officer determines that the 
adverse effects have been eliminated and measures implemented to prevent 
recurrence.
    (b) Each State director is authorized to close portions of the 
public lands to use by off-road vehicles, except those areas or trails 
which are suitable and specifically designated as open to such use 
pursuant to subpart 8342 of this part.
[44 FR 34836, June 15, 1979, as amended at 53 FR 31003, Aug. 17, 1988]



              Subpart 8342--Designation of Areas and Trails



Sec. 8342.1  Designation criteria.

    The authorized officer shall designate all public lands as either 
open, limited, or closed to off-road vehicles. All designations shall be 
based on the protection of the resources of the public lands, the 
promotion of the safety of all the users of the public lands, and the 
minimization of conflicts among various uses of the public lands; and in 
accordance with the following criteria:
    (a) Areas and trails shall be located to minimize damage to soil, 
watershed, vegetation, air, or other resources of the public lands, and 
to prevent impairment of wilderness suitability.
    (b) Areas and trails shall be located to minimize harassment of 
wildlife or significant disruption of wildlife habitats. Special 
attention will be given to protect endangered or threatened species and 
their habitats.
    (c) Areas and trails shall be located to minimize conflicts between 
off-road vehicle use and other existing or proposed recreational uses of 
the same or neighboring public lands, and to ensure the compatibility of 
such uses with existing conditions in populated areas, taking into 
account noise and other factors.
    (d) Areas and trails shall not be located in officially designated 
wilderness areas or primitive areas. Areas and trails shall be located 
in natural areas only if the authorized officer determines that off-road 
vehicle use in such locations will not adversely affect their natural, 
esthetic, scenic, or other values for which such areas are established.



Sec. 8342.2  Designation procedures.

    (a) Public participation. The designation and redesignation of 
trails is accomplished through the resource management planning process 
described in part 1600 of this title. Current and potential impacts of 
specific vehicle types on all resources and uses in the planning area 
shall be considered in

[[Page 941]]

the process of preparing resource management plans, plan revisions, or 
plan amendments. Prior to making designations or redesignations, the 
authorized officer shall consult with interested user groups, Federal, 
State, county and local agencies, local landowners, and other parties in 
a manner that provides an opportunity for the public to express itself 
and have its views given consideration.
    (b) Designation. The approval of a resource management plan, plan 
revision, or plan amendment constitutes formal designation of off-road 
vehicle use areas. Public notice of designation or redesignation shall 
be provided through the publication of the notice required by 
Sec. 1610.5-1(b) of this title. Copies of such notice shall be available 
to the public in local Bureau offices.
    (c) Identification of designated areas and trails. The authorized 
officer shall, after designation, take action by marking and other 
appropriate measures to identify designated areas and trails so that the 
public will be aware of locations and limitations applicable thereto. 
The authorized officer shall make appropriate informational material, 
including maps, available for public review.
[53 FR 31003, Aug. 17, 1988]



Sec. 8342.3  Designation changes.

    Monitoring use. The authorized officer shall monitor effects of the 
use of off-road vehicles. On the basis of information so obtained, and 
whenever the authorized officer deems it necessary to carry out the 
objectives of this part, designations may be amended, revised, revoked, 
or other actions taken pursuant to the regulations in this part.



                    Subpart 8343--Vehicle Operations



Sec. 8343.1  Standards.

    (a) No off-road vehicle may be operated on public lands unless 
equipped with brakes in good working condition.
    (b) No off-road vehicle equipped with a muffler cutout, bypass, or 
similar device, or producing excessive noise exceeding Environmental 
Protection Agency standards, when established, may be operated on public 
lands.
    (c) By posting appropriate signs or by marking a map which shall be 
available for public inspection at local Bureau offices, the authorized 
officer may indicate those public lands upon which no off-road vehicle 
may be operated unless equipped with a properly installed spark 
arrester. The spark arrester must meet either the U.S. Department of 
Agriculture--Forest Service Standard 5100-1a, or the 80-percent 
efficiency level standard when determined by the appropriate Society of 
Automotive Engineers (SAE) Recommended Practices J335 or J350. These 
standards include, among others, the requirements that: (1) The spark 
arrester shall have an efficiency to retain or destroy at least 80 
percent of carbon particles for all flow rates, and (2) the spark 
arrester has been warranted by its manufacturer as meeting this 
efficiency requirement for at least 1,000 hours subject to normal use, 
with maintenance and mounting in accordance with the manufacturer's 
recommendation. A spark arrester is not required when an off-road 
vehicle is being operated in an area which has 3 or more inches of snow 
on the ground.
    (d) Vehicles operating during night hours, from a half-hour after 
sunset to a half-hour before sunrise, shall comply with the following:
    (1) Headlights shall be of sufficient power to illuminate an object 
at 300 feet at night under normal, clear atmospheric conditions. Two- or 
three-wheeled vehicles or single-tracked vehicles will have a minimum of 
one headlight. Vehicles having four or more wheels or more than a single 
track will have a minimum of two headlights, except double tracked 
snowmachines with a maximum capacity of two people may have only one 
headlight.
    (2) Red taillights, capable of being seen at a distance of 500 feet 
from the rear at night under normal, clear atmospheric conditions, are 
required on vehicles in the same numbers as headlights.



                          Subpart 8344--Permits



Sec. 8344.1  Permit requirements.

    Permits are required for certain types of ORV use and shall be 
issued in accordance with the special recreation

[[Page 942]]

permit procedures under subpart 8372 of this chapter.



PART 8350--MANAGEMENT AREAS--Table of Contents




                 Subpart 8351--Designated National Area

Sec.
8351.0-1  Purpose.
8351.0-2  Objective.
8351.0-3  Authority.
8351.0-6  Policy.
8351.1  National trails systems.
8351.1-1  National scenic trails.
8351.2  Rivers.
8351.2-1  Special rules.


    Authority:  16 U.S.C. 1241, 16 U.S.C. 1271, 43 U.S.C. 1701 et seq.

    Source:  43 FR 40736, Sept. 12, 1978, unless otherwise noted.



                 Subpart 8351--Designated National Area



Sec. 8351.0-1  Purpose.

    To provide procedures for the management of lands administered under 
provisions of the Wild and Scenic Rivers Act and the National Trails 
System Act.



Sec. 8351.0-2  Objective.

    To assure that all public lands administered under provisions of the 
Wild and Scenic Rivers Act and the National Trails System Act are 
managed in a manner consistent with the purposes of these Acts.



Sec. 8351.0-3  Authority.

    The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

The National Trails System Act of 1968 (16 U.S.C. 1241 et seq.).



Sec. 8351.0-6  Policy.

    (a) Hiking, horse riding, and motor trails shall be located, 
constructed, and maintained where they are found to be feasible and 
would improve recreation opportunity and quality. Established trails 
shall be marked or signed and made known to the public by other means.
    (b) Certain rivers and sections of rivers that are flowing free of 
the influence of dams or other major man-made alterations and that 
possess outstanding scenic, recreational, geological, biological, 
cultural, or historical features shall be preserved as free flowing 
streams. The immediate river area shall be managed to protect the 
natural, cultural, or historical features that make the river or river 
segment outstanding.



Sec. 8351.1  National trails systems.



Sec. 8351.1-1  National scenic trails.

    (a) Motorized vehicle use. No one shall operate a motorized vehicle 
along a national scenic trail except:
    (1) When motorized vehicular use is necessary to meet emergencies 
involving health, safety, fire suppression, or law enforcement; or
    (2) Where the authorized officer determines that adjacent landowners 
and land users have a need for reasonable access to their lands, 
interests in lands, or timber rights; or
    (3) On roads that are designated segments of the National Scenic 
Trail System and are posted as open to motorized vehicles.
    (b) Penalties. In accordance with section 7(i) of the National 
Trails System Act of 1968, as amended (16 U.S.C. 1246), anyone convicted 
of violating this regulation is subject to a fine not to exceed $500 
and/or imprisonment not to exceed six months.
[47 FR 23103, May 26, 1982]



Sec. 8351.2  Rivers.



Sec. 8351.2-1  Special rules.

    (a) The authorized officer may issue written orders which close or 
restrict the use of the lands and water surface administered by the 
Bureau of Land Management within the boundary of any component of the 
National Wild and Scenic River System when necessary to carry out the 
intent of the Wild and Scenic Rivers Act. Each order shall:
    (1) Describe the lands, road, trail or waterway to which the order 
applies;
    (2) Specify the time during which the closure or restriction 
applies;
    (3) State each prohibition which is applied; and
    (4) Be posted in accordance with paragraph (d) of this section.

[[Page 943]]

    (b) A written order may exempt any of the following persons from any 
of the prohibitions contained in the order:
    (1) Persons with written permission authorizing the otherwise 
prohibited act or omission. The authorized officer may include in any 
written permission such conditions considered necessary for the 
protection of a person, or the lands or water surface and resources or 
improvements located thereon.
    (2) Owners or lessees of property within the boundaries of the 
designated wild and scenic river area.
    (3) Residents within the boundaries of the designated wild and 
scenic river area.
    (4) Any Federal, State, or local government officer or member of an 
organized rescue or fire suppression force in the performance of an 
official duty.
    (5) Persons in a business, trade or occupation within the boundaries 
of the designated wild and scenic river area.
    (c) The violation of the terms or conditions of any written 
permission issued under paragraph (b)(1) of this section is prohibited.
    (d) Posting is accomplished by:
    (1) Placing a copy of an order in each local office having 
jurisdiction over the lands affected by the order; and
    (2) Displaying each order near and/or within the affected wild and 
scenic river area in such locations and manner as to reasonably bring 
the prohibitions contained in the order to the attention of the public.
    (e) When provided by a written order, the following are prohibited:
    (1) Going onto or being upon land or water surface;
    (2) Camping;
    (3) Hiking;
    (4) Building, maintaining, attending or using a fire;
    (5) Improper disposal of garbage, trash or human waste;
    (6) Disorderly conduct; and
    (7) Other acts that the authorized officer determines to be 
detrimental to the public lands or other values of a wild and scenic 
river area.
    (f) Any person convicted of violating any prohibition established in 
accordance with this section shall be punished by a fine of not to 
exceed $500 or by imprisonment for a period not to exceed 6 months, or 
both, and shall be adjudged to pay all costs of the proceedings.

(16 U.S.C. 1281(c), 16 U.S.C. 3)
[45 FR 51741, Aug. 4, 1980]



PART 8360--VISITOR SERVICES--Table of Contents




                          Subpart 8360--General

Sec.
8360.0-3  Authority.
8360.0-5  Definitions.
8360.0-7  Penalties.

               Subpart 8361--Emergency Services [Reserved]

             Subpart 8362--Interpretive Services [Reserved]

        Subpart 8363--Resource and Visitor Protection [Reserved]

                 Subpart 8364--Closures and Restrictions

8364.1  Closure and restriction orders.

                     Subpart 8365--Rules of Conduct

8365.0-1  Purpose.
8365.0-2  Objective.
8365.1  Public lands--general.
8365.1-1  Sanitation.
8365.1-2  Occupancy and use.
8365.1-3  Vehicles.
8365.1-4  Public health, safety and comfort.
8365.1-5  Property and resources.
8365.1-6  Supplementary rules.
8365.1-7  State and local laws.
8365.2  Developed recreation sites and areas.
8365.2-1  Sanitation.
8365.2-2  Audio devices.
8365.2-3  Occupancy and use.
8365.2-4  Vehicles.
8365.2-5  Public health, safety and comfort.

    Authority:  43 U.S.C. 1701 et seq., 43 U.S.C. 315a, 16 U.S.C. 1281c, 
16 U.S.C. 670 et seq., 16 U.S.C. 4601-6a, 16 U.S.C. 1241 et seq.

    Source:  48 FR 36384, Aug. 10, 1983, unless otherwise noted.



                          Subpart 8360--General



Sec. 8360.0-3  Authority.

    The regulations of this part are issued under the provisions of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
the Sikes Act (16 U.S.C. 670g), the Taylor Grazing Act (43 U.S.C. 315a), 
the Wild and Scenic Rivers Act (16 U.S.C. 1281c), the Act of September 
18, 1960, as amended, (16

[[Page 944]]

U.S.C. 877 et seq.), the Land and Water Conservation Fund Act (16 U.S.C. 
460l-6a) and the National Trails System Act (16 U.S.C. 1241 et seq.).



Sec. 8360.0-5  Definitions.

    As used in this part, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (b) Campfire means a controlled fire occurring out of doors, used 
for cooking, branding, personal warmth, lighting, ceremonial or 
aesthetic purposes.
    (c) Developed sites and areas means sites and areas that contain 
structures or capital improvements primarily used by the public for 
recreation purposes. Such sites or areas may include such features as: 
delineated spaces for parking, camping or boat launching; sanitary 
facilities; potable water; grills or fire rings; tables; or controlled 
access.
    (d) Public lands means any lands and interests in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management without regard to how the United States 
acquired ownership.
    (e) Vehicle means any motorized transportation conveyance designed 
and licensed for use on roadways, such as an automobile, bus, or truck, 
and any motorized conveyance originally equipped with safety belts.
[48 FR 36384, Aug. 10, 1983, as amended at 57 FR 61243, Dec. 23, 1992]



Sec. 8360.0-7  Penalties.

    Violations of any regulations in this part by a member of the 
public, except for the provisions of Sec. 8365.1-7, are punishable by a 
fine not to exceed $1,000 and/or imprisonment not to exceed 12 months. 
Violations of supplementary rules authorized by Sec. 8365.1-6 are 
punishable in the same manner.



               Subpart 8361--Emergency Services [Reserved]



             Subpart 8362--Interpretive Services [Reserved]



        Subpart 8363--Resource and Visitor Protection [Reserved]



                 Subpart 8364--Closures and Restrictions



Sec. 8364.1  Closure and restriction orders.

    (a) To protect persons, property, and public lands and resources, 
the authorized officer may issue an order to close or restrict use of 
designated public lands.
    (b) Each order shall:
    (1) Identify the public lands, roads, trails or waterways that are 
closed to entry or restricted as to use;
    (2) Specify the uses that are restricted;
    (3) Specify the period of time during which the closure or 
restriction shall apply;
    (4) Identify those persons who are exempt from the closure or 
restrictions;
    (5) Be posted in the local Bureau of Land Management Office having 
jurisdiction over the lands to which the order applies;
    (6) Be posted at places near and/or within the area to which the 
closure or restriction applies, in such manner and location as is 
reasonable to bring prohibitions to the attention of users;
    (7) Include a statement on the reasons for the closure; and
    (c) In issuing orders pursuant to this section, the authorized 
officer shall publish them in the Federal Register.
    (d) Any person who fails to comply with a closure or restriction 
order issued under this subpart may be subject to the penalties provided 
in Sec. 8360.0-7 of this title.

[[Page 945]]



                     Subpart 8365--Rules of Conduct



Sec. 8365.0-1  Purpose.

    The purpose of this subpart is to set forth rules of conduct for the 
protection of public lands and resources, and for the protection, 
comfort and well-being of the public in its use of recreation areas, 
sites and facilities on public lands.



Sec. 8365.0-2  Objectives.

    The objective of this subpart is to insure that public lands, 
including recreation areas, sites and facilities, can be used by the 
maximum number of people with minimum conflict among users and minimum 
damage to public lands and resources.



Sec. 8365.1  Public lands--general.

    The rules in this subsection shall apply to use and occupancy of all 
public lands under the jurisdiction of the Bureau of Land Management. 
Additional rules for developed sites and areas are found in Sec. 8365.2 
of this title.



Sec. 8365.1-1  Sanitation.

    (a) Whenever practicable, visitors shall pack their trash for 
disposal at home.
    (b) On all public lands, no person shall, unless otherwise 
authorized:
    (1) Dispose of any cans, bottles and other nonflammable trash and 
garbage except in designated places or receptacles;
    (2) Dispose of flammable trash or garbage except by burning in 
authorized fires, or disposal in designated places or receptacles;
    (3) Drain sewage or petroleum products or dump refuse or waste other 
than wash water from any trailer or other vehicle except in places or 
receptacles provided for that purpose;
    (4) Dispose of any household, commercial or industrial refuse or 
waste brought as such from private or municipal property;
    (5) Pollute or contaminate water supplies or water used for human 
consumption; or
    (6) Use a refuse container or disposal facility for any purpose 
other than for which it is supplied.



Sec. 8365.1-2  Occupancy and use.

    On all public lands, no person shall:
    (a) Camp longer than the period of time permitted by the authorized 
officer; or
    (b) Leave personal property unattended longer than 10 days (12 
months in Alaska), except as provided under Sec. 8365.2-3(b) of this 
title, unless otherwise authorized. Personal property left unattended 
longer than 10 days (12 months in Alaska), without permission of the 
authorized officer, is subject to disposition under the Federal Property 
and Administrative Services Act of 1949, as amended (40 U.S.C. 484(m)).



Sec. 8365.1-3  Vehicles.

    (a) When operating a vehicle on the public lands, no person shall 
exceed posted speed limits, willfully endanger persons or property, or 
act in a reckless, careless or negligent manner.
    (b)(1) The operator of a motor vehicle is prohibited from operating 
a motor vehicle in motion, unless the operator and each front seat 
passenger is restrained by a properly fastened safety belt that conforms 
to applicable United States Department of Transportation standards, 
except that children, as defined by State law, shall be restrained as 
provided by State law.
    (2) Paragraph (b) applies on public lands, or portions thereof, that 
are located within a State in which there is no State law in effect that 
requires the mandatory use of a safety belt by the vehicle operator and 
any front seat passenger. It also applies on public lands, or portions 
thereof, located within a State in which the mandatory safety belt law 
of the State does not apply to the public lands or in which any 
provision of State law renders the mandatory safety belt law of the 
State unenforceable by the authorized officer as to acts or omissions 
occurring on the public lands.
    (3) This section does not apply to an operator or a passenger of a 
motor vehicle occupying a seat that was not originally equipped by the 
manufacturer with a safety belt, nor does it apply to an operator or 
passenger with a medical condition that prevents restraint by a safety 
belt or other occupant restraining device.

[[Page 946]]

    (4) An authorized officer may not stop a motor vehicle for the sole 
purpose of determining whether a violation of paragraph (b)(1) of this 
section is being committed.
[48 FR 36384, Aug. 10, 1983, as amended at 57 FR 61243, Dec. 23, 1992]



Sec. 8365.1-4  Public health, safety and comfort.

    (a) No person shall cause a public disturbance or create a risk to 
other persons on public lands by engaging in activities which include, 
but are not limited to, the following:
    (1) Making unreasonable noise;
    (2) Creating a hazard or nuisance;
    (3) Refusing to disperse, when directed to do so by an authorized 
officer;
    (4) Resisting arrest or issuance of citation by an authorized 
officer engaged in performance of official duties; interfering with any 
Bureau of Land Management employee or volunteer engaged in performance 
of official duties; or
    (5) Assaulting, committing a battery upon, or
    (6) Knowingly giving any false or fraudulent report of an emergency 
situation or crime to any Bureau of Land Management employee or 
volunteer engaged in the performance of official duties.
    (b) No person shall engage in the following activities on the public 
lands:
    (1) Cultivating, manufacturing, delivering, distributing or 
trafficking a controlled substance, as defined in 21 U.S.C. 802(6) and 
812 and 21 CFR 1308.11 through 1308.15, except when distribution is made 
by a licensed practitioner in accordance with applicable law. For the 
purposes of this paragraph, delivery means the actual, attempted or 
constructive transfer of a controlled substance whether or not there 
exists an agency relationship; or
    (2) Possessing a controlled substance, as defined in 21 U.S.C. 
802(6) and 812 and 21 CFR 1308.11 through 1308.15, unless such substance 
was obtained, either directly or pursuant to a valid prescription or 
order or as otherwise allowed by Federal or State law, by the possessor 
from a licensed practitioner acting in the course of professional 
practice.
[48 FR 36384, Aug. 10, 1983; 48 FR 52058, Nov. 16, 1983, as amended at 
54 FR 21624, May 19, 1989]



Sec. 8365.1-5  Property and resources.

    (a) On all public lands, unless otherwise authorized, no person 
shall;
    (1) Willfully deface, disturb, remove or destroy any personal 
property, or structures, or any scientific, cultural, archaeological or 
historic resource, natural object or area;
    (2) Willfully deface, remove or destroy plants or their parts, soil, 
rocks or minerals, or cave resources, except as permitted under 
paragraph (b) or (c) of this paragraph; or
    (3) Use on the public lands explosive, motorized or mechanical 
devices, except metal detectors, to aid in the collection of specimens 
permitted under paragraph (b) or (c) of this paragraph.
    (b) Except on developed recreation sites and areas, or where 
otherwise prohibited and posted, it is permissible to collect from the 
public lands reasonable amounts of the following for noncommercial 
purposes:
    (1) Commonly available renewable resources such as flowers, berries, 
nuts, seeds, cones and leaves;
    (2) Nonrenewable resources such as rocks, mineral specimens, common 
invertebrate fossils and semiprecious gemstones;
    (3) Petrified wood as provided under subpart 3622 of this title;
    (4) Mineral materials as provided under subpart 3621 of this title; 
and
    (5) Forest products for use in campfires on the public lands. Other 
collection of forest products shall be in accordance with the provisions 
of Group 5500 of this title.
    (c) The collection of renewable or nonrenewable resources from the 
public lands for sale or barter to commercial dealers may be done only 
after obtaining a contract or permit from an authorized officer in 
accordance with part 3610 or 5400 of this title.



Sec. 8365.1-6  Supplementary rules.

    The State Director may establish such supplementary rules as he/she

[[Page 947]]

deems necessary. These rules may provide for the protection of persons, 
property, and public lands and resources. No person shall violate such 
supplementary rules.
    (a) The rules shall be available for inspection in each local office 
having jurisdiction over the lands, sites or facilities affected;
    (b) The rules shall be posted near and/or within the lands, sites or 
facilities affected;
    (c) The rules shall be published in the Federal Register; and
    (d) The rules shall be published in a newspaper of general 
circulation in the affected vicinity, or be made available to the public 
by such other means as deemed most appropriate by the authorized 
officer.



Sec. 8365.1-7  State and local laws.

    Except as otherwise provided by Federal law or regulation, State and 
local laws and ordinances shall apply and be enforced by the appropriate 
State and local authorities. This includes, but is not limited to, State 
and local laws and ordinances governing:
    (a) Operation and use of motor vehicles, aircraft and boats;
    (b) Hunting and fishing;
    (c) Use of firearms or other weapons;
    (d) Injury to persons, or destruction or damage to property;
    (e) Air and water pollution;
    (f) Littering;
    (g) Sanitation;
    (h) Use of fire;
    (i) Pets;
    (j) Forest products; and
    (k) Caves.



Sec. 8365.2  Developed recreation sites and areas.

    The rules governing conduct and use of a developed recreation site 
or area shall be posted at a conspicuous location near the entrance to 
the site or area.



Sec. 8365.2-1  Sanitation.

    On developed recreation sites and areas, no person shall, unless 
otherwise authorized:
    (a) Clean fish, game, other food, clothing or household articles at 
any outdoor hydrant, pump, faucet or fountain, or restroom water faucet;
    (b) Deposit human waste except in toilet or sewage facilities 
provided for that purpose; or
    (c) Bring an animal into such an area unless the animal is on a 
leash not longer than 6 feet and secured to a fixed object or under 
control of a person, or is otherwise physically restricted at all times.



Sec. 8365.2-2  Audio devices.

    On developed recreation sites or areas, unless otherwise authorized, 
no person shall:
    (a) Operate or use any audio device such as a radio, television, 
musical instrument, or other noise producing device or motorized 
equipment in a manner that makes unreasonable noise that disturbs other 
visitors;
    (b) Operate or use a public address system;
    (c) Construct, erect or use an antenna or aerial for radiotelephone, 
radio or television equipment, other than on a vehicle or as an integral 
part of such equipment.



Sec. 8365.2-3  Occupancy and use.

    In developed camping and picnicking areas, no person shall, unless 
otherwise authorized:
    (a) Fail to pay any fees imposed in accordance with 36 CFR part 71.
    (b) Pitch any tent, park any trailer, erect any shelter or place any 
other camping equipment in any area other than the place designed for it 
within a designated campsite;
    (c) Leave personal property unattended for more than 24 hours in a 
day use area, or 72 hours in other areas. Personal property left 
unattended beyond such time limit is subject to disposition under the 
Federal Property and Administration Services Act of 1949, as amended (40 
U.S.C. 484(m));
    (d) Build any fire except in a stove, grill, fireplace or ring 
provided for such purpose;
    (e) Enter or remain in campgrounds closed during established night 
periods except as an occupant or while visiting persons occupying the 
campgrounds for camping purposes;
    (f) Enter or use a site or a portion of a site closed to public use; 
or
    (g) Occupy a site with more people than permitted within the 
developed

[[Page 948]]

campsite. Limits on the number of occupants permitted at any site shall 
be clearly posted near the entrance of the developed campsite or 
facility in such a manner as to bring it to the reasonable attention of 
the user.
    (h) Move any table, stove, barrier, litter receptacle or other 
campground equipment.



Sec. 8365.2-4  Vehicles.

    Unless otherwise authorized, no motor vehicle shall be driven within 
developed recreation sites or areas except on roads or places provided 
for this purpose.



Sec. 8365.2-5  Public health, safety and comfort.

    On developed recreation sites and areas, unless otherwise 
authorized, no person shall:
    (a) Discharge or use firearms, other weapons, or fireworks; or
    (b) Bring an animal, except a Seeing Eye or Hearing Ear dog, to a 
swimming area.



PART 8370--USE AUTHORIZATIONS--Table of Contents




    Note:  The information collection requirements of 43 CFR part 8370 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1004-0119. The 
information will be used to determine whether applicants for Special 
Recreation Permits on public lands should be granted such permits. The 
obligation to respond is required to obtain a benefit.
[49 FR 34337, Aug. 29, 1984]

    Subpart 8371--Recreation Use Permits, Developed Sites [Reserved]

    Subpart 8372--Special Recreation Permits Other Than on Developed 
                            Recreation Sites

Sec.
8372.0-1  Purpose.
8372.0-2  Objective.
8372.0-3  Authority.
8372.0-5  Definitions.
8372.0-7  Enforcement.
8372.1  Permits required.
8372.1-1  Public lands, general.
8372.1-2  Special areas.
8372.1-3  Exceptions.
8372.2  Applications.
8372.3  Issuance of permits.
8372.4  Fees.
8372.5  Terms.
8372.6  Appeals.

    Authority:  16 U.S.C. 460l-6a, 16 U.S.C. 670(g-n), 16 U.S.C. 1271-
1287, 6 U.S.C. 1241-1249, 43 U.S.C. 1181(a), 43 U.S.C. 1201, 43 U.S.C. 
1701 et seq.

    Source:  43 FR 40738, Sept. 12, 1978, unless otherwise noted.



    Subpart 8371--Recreation Use Permits, Developed Sites [Reserved]



    Subpart 8372--Special Recreation Permits Other Than on Developed 
                            Recreation Sites



Sec. 8372.0-1  Purpose.

    This subpart sets forth the procedures for authorizing certain 
recreational uses of lands and waters administered by the Bureau.



Sec. 8372.0-2  Objective.

    To establish a permit and fee system for certain recreation uses of 
lands and waters administered by Bureau.



Sec. 8372.0-3  Authority.

    The rules in this subpart are issued pursuant to: 43 U.S.C. 1201; 43 
U.S.C. 1701 et seq.; 43 U.S.C. 1181a; 16 U.S.C. 460l-6a; 16 U.S.C. 670g-
n; 16 U.S.C. 1271-1287; 16 U.S.C. 1241 through 1249.
[43 FR 40738, Sept. 12, 1978, as amended at 49 FR 34337, Aug. 29, 1984]



Sec. 8372.0-5  Definitions.

    For the purposes of this subpart:
    (a) Commercial use is recreational use of the public lands for 
business or financial gain. When any permittee, employee or agent of a 
permittee, operator, or participant makes or attempts to make a profit, 
salary, increase his business or financial standing, or supports, in any 
part, other progams or activities from amounts received from or for 
services rendered to customers or participants in the permitted 
activity, as a result of having the special recreation permit, the use 
will be considered commercial. Subsistence activities of Alaskan Natives 
(as defined in the Alaska Native Claims Settlement Act) in Alaska are 
not considered recreational use. The collection by a permittee or his 
agent of any fee, charge,

[[Page 949]]

or other compensation which is not strictly a sharing of, or is in 
excess of, actual expenses incurred for the purposes of the activity or 
use shall make the activity or use commercial. Use by educational and 
therapeutic institutions is considered commercial when the above 
criteria are met. Profit making organizations are automatically 
classified as commercial, even if that part of their activity covered by 
the permit is not profit making. Nonprofit status of any group or 
organization under the Internal Revenue or Postal Laws or regulations 
does not in itself determine whether an event or activity arranged by 
such a group or organization is noncommercial. Any person, group, or 
organization seeking to qualify as noncommercial shall have the burden 
of establishing to the satisfaction of the authorized officer that no 
financial or business gain will be derived from the proposed use.
    (b) Actual expenses are expenses necessarily incurred for the 
permitted activity or use. These include, but are not limited to, the 
actual costs of such items as expendable equipment and supplies. Actual 
expenses do not include any salaries, profit, increase of capital worth, 
allowances, or subsidies of any other activities of the permittee or 
sponsor, the purchase or amortization of nonexpendable supplies or 
equipment, any allowance for undersubscribed events or any monetary 
compensation for sponsors or participants.
    (c) Competitive use is any formally organized or structured use, 
event, or activity on public land in which there are the elements of 
competition between two or more contestants, registration of 
participants, and/or a predetermined course or area is designated. The 
term also applies to one or more individuals contesting an established 
record such as speed or endurance.
    (d) An event is a single, structured, organized, consolidated, or 
scheduled meeting or occurrence for the purpose of recreational use of 
the public lands. An event may be composed of several related 
activities.
    (e) Educational use is an academic activity sponsored by an 
accredited institution of learning.
    (f) An operator is a group, association, individual, corporation, or 
organization which provides recreational services.
    (g) A special area is an area established as a component of the 
National Trails System, the National Wild and Scenic Rivers System, the 
National Wilderness System, an area covered by joint agreement between 
the Bureau of Land Management and a State government as provided for in 
title II of the Sikes Act, or any other area where the authorized 
officer determines that the resources require special management and 
control measures for their protection.
    (h) A User day is any calendar day, or portion thereof, for each 
individual accompanied or serviced by an operator or permittee on the 
public lands. Passenger day is synonymous with user day.
    (i) An off-road vehicle is any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain excluding: (1) Any nonamphibious registered motorboat; 
(2) any military, fire, emergency, or law enforcement vehicle while 
being used for emergency purposes; (3) any vehicle whose use is 
specifically authorized by the authorized officer or otherwise 
officially approved; (4) official use; or (5) any combat or combat 
support vehicle when used in times of national defense emergencies.
[43 FR 40738, Sept. 12, 1978, as amended at 49 FR 34337, Aug. 29, 1984]



Sec. 8372.0-7  Enforcement.

    (a) Prohibited acts. On all public lands and related waters, it is 
prohibited to: (1) Fail to obtain a permit and pay any fee required by 
this subpart; (2) violate stipulations or conditions of a permit issued 
under authority of this subpart; (3) participate knowingly in an event 
or use subject to the permit requirements of this subpart where no such 
permit has been issued; (4) fail to post a copy of any commercial or 
competitive permit where all participants have the opportunity to read 
it; and (5) fail to show a copy of the special recreation permit to a 
Bureau of Land Management employee or a participant upon request.

[[Page 950]]

    (b) Penalties. (1) Any person convicted of committing any prohibited 
act in this subpart, and violators of regulations or permit terms or 
stipulations, may be subject to a fine not to exceed $1,000 and/or 
imprisonment not to exceed 12 months. (2) Authorized as well as 
unauthorized users may be subject to civil action for unauthorized use 
of the public lands or related waters and their resources, or violations 
of the permit terms or stipulations.
[49 FR 34337, Aug. 29, 1984]



Sec. 8372.1  Permits required.



Sec. 8372.1-1  Public lands, general.

    Special recreation permits are required for (a) commercial use, (b) 
competitive use, (c) off-road vehicle events involving 50 or more 
vehicles, and (d) special area use where the authorized officer 
determines the criteria of the Land and Water Conservation Fund Act, as 
amended, the Sikes Act, the Wild and Scenic Rivers Act, Federal Land 
Policy and Management Act, the Taylor Grazing Act, or National Trails 
Act require their issuance.



Sec. 8372.1-2  Special areas.

    With the exception of use in special areas, special recreation 
permits are not required for recreational use by individuals, or 
individual immediate families. Notice will be given in the Federal 
Register and regional news media when special recreation permits are 
required for recreational use other than commercial, competitive, and 
off-road vehicle use in a special area. Access points in special areas 
will also be posted notifying the public of required permits for 
recreational use, other than commercial, competitive, and off-road 
vehicle use.



Sec. 8372.1-3  Exceptions.

    (a) Special Recreation Permits are not required for uses that are 
sponsored or co-sponsored by the Bureau of Land Management.
    (b) The authorized officer may determine that permits and fees are 
unnecessary where a use or event begins and ends on non-public lands or 
related waters, traverses less than 1 mile of public lands or 1 
shoreline mile, and poses no threat of significant damage to public land 
or water resource values.
    (c) The authorized officer may waive permit and fee requirements for 
competitive events that are not commercial when the events comply with 
off-road vehicle designations for the use area, no cash prizes are 
awarded, fewer than 50 vehicles including those of participants and 
spectators are involved, there is no public advertising for the event 
and there is no likelihood of significant damage to public land or water 
resource values or need for monitoring.
[49 FR 34337, Aug. 29, 1984]



Sec. 8372.2  Applications.

    (a) Forms and maps. Applications for special recreation permits 
shall be made to the authorized officer on forms approved by the 
Director, Bureau of Land Management. Applications shall include a map of 
sufficient scale and detail to allow identification of the proposed use 
area on the ground. The authorized officer may waive the requirement for 
maps where appropriate.
    (b) Supplemental information. The authorized officer may require the 
applicant to submit supplemental information in sufficient detail to 
evaluate the impact of the proposed event upon the lands and 
environment, including measures the applicant would take to mitigate 
impacts on the lands and environment.
    (c) Filing. (1) The application shall be filed in the office of the 
Bureau having jurisdiction over the lands to be used. The application 
shall be filed a minimum of 120 days in advance of intended use unless a 
shorter time is authorized by the authorized officer. Applications may 
be filed by mail or in person.
    (2) Within 30 days of the filing date or within 15 days of the 
desired use date, whichever is earliest, the authorized officer shall 
inform the applicant if the decision on issuing the permit will be 
delayed.
    (3) The authorized officer may establish a maximum time by which 
applications will be accepted prior to date of proposed use.

[[Page 951]]



Sec. 8372.3  Issuance of permits.

    The approval of an application and subsequent issuance of a special 
recreation permit is discretionary with the authorized officer.



Sec. 8372.4  Fees.

    (a) Fees. (1) Fees for Special Recreation Permits shall be 
established and maintained by the Director, Bureau of Land Management, 
and may be adjusted from time to time to reflect changes in costs. The 
fee schedule shall be incorporated in the Manual of the Bureau of Land 
Management, published periodically in the Federal Register and otherwise 
made generally available to the public.
    (2) Actual costs to the United States shall be charged in lieu of 
the fees provided in the schedule when the estimated cost of issuing and 
monitoring the permit (estimated at the time of application) exceeds 
$5,000, except when the total estimated fees from the schedule over the 
term of the permit exceed the estimated actual cost. In that case, the 
fees from the schedule shall be charged. The authorized officer shall 
notify the applicant in writing of such charges within 30 days of 
receipt of the permit application and shall not process said application 
until payment has been made for such charges.
    (b) Payment of use fees. (1) Payment of fees will be required at the 
time a permit is issued.
    (2) Where the amount of intended use is precisely specified in the 
application, the fee shall be nonrefundable. However, on receipt by the 
authorized officer of notification from the applicant of the intention 
not to use the permit in whole or in part, in sufficient time to allow 
reallocation of use to others, the authorized officer may refund the 
fee, less a minimum amount for permit processing.
    (3) Where the amount of intended use cannot be precisely determined, 
the fee will be based on an estimation and payment will be required of 
that amount. The fee will be adjusted, based on actual use, after use is 
made. Refunds will be made or additional payment will be required to the 
extent the payment requirement for actual use varies from the initial 
amount paid by $10.
    (4) If an applicant is unable to pay the fee in advance, the 
authorized officer may allow the posting of a payment bond or other 
guarantee in an amount equal to the actual or estimated fee. The 
authorized officer will establish a payment date which is no later than 
15 days following the use period.
    (c) Exceptions, exclusions, and exemptions. (1) Nothing contained 
herein shall authorize Federal hunting, trapping, or fishing licenses, 
permits, or fees.
    (2) Fees under provisions of this part shall not be charged and 
permits shall not be required for commercial or other activities not 
related to recreation. Permits may be required but fees shall not be 
charged for uses including, but not limited to, organized tours or 
outings conducted for educational or scientific purposes related to the 
resources of the area visited by bona fide institutions established for 
these purposes.
    (3) Applicants for waiver of fees on this basis may be required to 
provide documentation of their official recognition as educational or 
scientific institutions by Federal, State, or local government bodies or 
any other documentation necessary to demonstrate educational use as 
defined in Sec. 8372.0-5(e) of this title. The use of recreational 
resources for which a waiver on this basis is requested shall relate 
directly to scientific or educational purposes and shall not be 
primarily for recreational purposes.
[43 FR 40738, Sept. 12, 1978, as amended at 49 FR 34337, Aug. 29, 1984]



Sec. 8372.5  Terms.

    (a) General. (1) The authorized officer may suspend a special 
recreation permit if necessary to protect public health, public safety, 
or the environment. The terms of the permit shall continue to run during 
any such suspension.
    (2) Permits may be issued for a day, season of use, or such other 
time period considered appropriate by the authorized officer for the use 
involved.
    (3) A special recreation permit will not be issued for an area 
larger than the authorized officer determines is necessary for the 
contemplated use.

[[Page 952]]

The land may be surveyed or unsurveyed.
    (4) The operator or permittee shall allow the authorized officer, or 
other duly authorized representative of the Bureau, to have access to 
and the right to examine any directly pertinent books, documents, 
papers, and records of the operator or permittee involving transactions 
related to the permit. The operator or permittee also will allow the 
authorized officer, or other duly authorized representative of the 
Bureau, to have access to and the right to examine any directly 
pertinent books, documents, papers, and records of any employee or agent 
of the permittee or operator. These allowances and rights terminate 3 
years after the expiration of the permit.
    (b) Stipulations. A special recreation permit will contain such 
stipulations as the authorized officer considers necessary to protect 
the lands and resources involved and the public interest in general.
    (c) Bonds. In addition to a payment bond, the authorized officer may 
require the posting of a cash or surety bond or other guarantee in such 
form and in such amount as the authorized officer determines to be 
sufficient to defray the costs of restoration and rehabilitation of the 
lands affected by the permitted use. Bonds and guarantees will be 
returned to the permittee upon satisfactory compliance with all permit 
stipulations, including restoration and rehabilitation requirements.
    (d) Insurance. The authorized officer shall require all commercial 
and competitive applicants, and may require other applicants, to obtain 
and submit a property damage, personal injury, and public liability 
insurance policy which he judges sufficient to protect the public and 
the United States. The policy shall name the U.S. Government as a co-
insured and stipulate that the authorized officer of the Bureau of Land 
Management shall be notified 30 days in advance of the termination or 
modification of the policy.
    (e) Liability. The permittee shall indemnify the United States 
against any responsibility or liability for damage, injury, or loss to 
persons and property which may occur during the permitted use period or 
as a result of such use.
    (f) Violation of law. The conviction of a violation of any Federal 
or State law or regulation concerning the conservation or protection of 
natural resources, the environment, endangered species, or antiquities 
that is related to said special recreation permit may result in the 
cancellation of the permit.



Sec. 8372.6  Appeals.

    (a) Any person adversely affected by a decision of the authorized 
officer under this part may appeal under part 4 of this title from any 
final decision of the authorized officer.
    (b) All decisions of the authorized officer under this part shall 
remain effective pending appeal unless the Secretary rules otherwise. 
Petitions for stay of decisions shall be filed with the Office of 
Hearings and Appeals, Department of the Interior.
[49 FR 34338, Aug. 29, 1984, as amended at 53 FR 10394, Mar. 31, 1988]



                    Group 8500--Wilderness Management



PART 8560--WILDERNESS AREAS--Table of Contents




         Subpart 8560--Management of Designated Wilderness Areas

Sec.
8560.0-1  Purpose.
8560.0-2  Objective.
8560.0-3  Authority.
8560.0-5  Definitions.
8560.0-6  Policy.
8560.1  Uses and prohibited acts.
8560.1-1  Permits for and restrictions on use.
8560.1-2  Prohibited acts.
8560.2  Special provisions applicable to Alaska. [Reserved]
8560.3  Administrative and emergency functions.
8560.4  Nonconforming uses.
8560.4-1  Livestock grazing.
8560.4-2  Aircraft and motorboats.
8560.4-3  Access.
8560.4-4  Commercial services.
8560.4-5  Gathering information about resources.
8560.4-6  Mining law administration.
8560.4-7  Mineral leases and mineral permits.
8560.4-8  Water and power resources.
8560.5  Penalties.

    Authority:  43 U.S.C. 1701 et seq., 16 U.S.C. 1131 et seq.

    Source:  50 FR 7708, Feb. 25, 1985, unless otherwise noted.

[[Page 953]]



         Subpart 8560--Management of Designated Wilderness Areas



Sec. 8560.0-1  Purpose.

    The purpose of this part is to provide procedures for the management 
of public land designated by Congress as part of the National Wilderness 
Preservation System and administered under provisions of the Wilderness 
Act of 1964.



Sec. 8560.0-2  Objective.

    The objective of these regulations is management of the public lands 
designated as part of the National Wilderness Preservation System to 
preserve and protect their wilderness character, provide for their use 
and enjoyment by the American people in a manner that will leave them 
unimpaired for future use and enjoyment as wilderness, and allow for 
recreational, scenic, scientific, educational, conservation, and 
historical use.



Sec. 8560.0-3  Authority.

    This part is issued under the authority of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the Wilderness 
Act of 1964 (16 U.S.C. 1131 et seq.).



Sec. 8560.0-5  Definitions.

    As used in this part, the term:
    (a) Adequate access means the combination of routes and modes of 
travel to non-Federal inholdings that will, as determined by the 
authorized officer, serve the reasonable purposes for which the non-
Federal lands are held or used, and at the same time, cause impacts of 
least duration and degree on their wilderness character.
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (c) Bureau means the Bureau of Land Management.
    (d) Mechanical transport means (1) any device for transporting 
personnel or material with wheels, tracks, or skids, or by flotation, 
for traveling over land, water, or snow, and is propelled by a nonliving 
power source contained or carried on or within the device, or (2) a 
bicycle or hang-glider.
    (e) Motorized equipment means any machine activated by a nonliving 
power source except small battery-powered, handcarried devices such as 
flashlights, shavers, Geiger counters, and cameras.
    (f) Motor vehicle means any vehicle which is self-propelled or any 
vehicle which is propelled by electric power obtained from batteries.
    (g) Mining operations means all functions, work and activities in 
connection with prospecting, exploration, development, mining or 
processing of mineral resources and all uses of the land reasonably 
incident thereto, including roads and other means of access on lands 
subject to the regulations in this part, regardless of whether said 
operations take place on or off mining claims.
    (h) Primitive and unconfined recreation means nonmotorized types of 
outdoor recreation activities that do not require developed facilities.
    (i) Public lands means any lands and interests in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management without regard of how the United States 
acquired ownership.
    (j) Solitude means the state of being alone or remote from 
habitation; isolation; also, a lonely, unfrequented, or secluded place.
    (k) Visitor use means on-site use of the wilderness area for 
recreation, inspiration, stimulation, solitude, relaxation, education, 
scientific research, pleasure, or satisfaction.
    (l) Wilderness is defined in the same way as in section 2(c) of the 
Wilderness Act of 1964, 16 U.S.C. 1131(c).
    (m) Wilderness character or characteristics are defined in the same 
way as in section 2(c) of the Wilderness Act of 1964, 16 U.S.C. 1131(c).



Sec. 8560.0-6  Policy.

    Wilderness areas shall be managed to promote, perpetuate and, where 
necessary, restore the wilderness character of the land and its specific 
values of solitude, physical and mental challenge, scientific study, 
inspiration, primitive recreation, watersheds and

[[Page 954]]

water yield, wildlife habitat, natural plant communities, and similar 
natural and recreational values.
    (a) Natural ecological succession shall be allowed to operate freely 
to the extent permitted by the Wilderness Act:
    (b) Wilderness shall be made available for human use to the optimum 
extent consistent with the maintenance of wilderness character;
    (c) In resolving conflicts in resource use, wilderness values shall 
be primary to the extent provided by the Wilderness Act or subsequent 
establishing legislation.



Sec. 8560.1  Uses and prohibited acts.



Sec. 8560.1-1  Permits for and restrictions on use.

    (a) Unless otherwise designated by the authorized officer, all 
wilderness areas shall be open to uses consistent with the preservation 
of their wilderness character and their future use and enjoyment by the 
American people as wilderness, including, but not limited to, primitive 
recreation and scientific study. The authorized officer may require 
permits for any use of particular wilderness areas, including, but not 
limited to, camping, campfires, and grazing of recreation livestock, and 
may issue written orders to close or restrict the use of lands and water 
surface administered by the Bureau within the boundary of any component 
of the National Wilderness Preservation System when necessary to carry 
out the provisions of the Wilderness Act. Each order shall:
    (1) Describe the lands, trail, or waterway to which the order 
applies;
    (2) Specify the time during which the closure or restriction 
applies;
    (3) State each prohibition that is applied;
    (4) Specify the reason for the closure, restriction, or prohibition; 
and
    (5) Specify any person exempted from any of the prohibitions 
contained in the order.
    (b) An order to close or to restrict the use of lands and water 
surface shall be effective upon posting. Posting shall be by:
    (1) Placing a copy of the order in each local office of the Bureau 
having jurisdiction over lands affected by the order, and
    (2) Displaying each order near and/or within the affected wilderness 
area in such reasonable locations and in such a manner as to bring the 
prohibitions contained in the order to the attention of the public.
    (c) The authorized officer may publish in the Federal Register, and/
or in a newspaper of general circulation in the area of the affected 
lands, a copy of the order to close or restrict the use of lands or 
water surface.
    (d) Permits may be requested from the Bureau office exercising 
field-level jurisdiction over the wilderness areas for which use permits 
are required by the authorized officer.
    (e) When a permit for use is required by the authorized officer, 
applications for recreation uses shall be completed in accordance with 
the provisions of 43 CFR part 8372.



Sec. 8560.1-2  Prohibited acts.

    Except as provided in the Wilderness Act or subsequent legislation 
establishing a particular wilderness area, or as specifically provided 
for elsewhere in this subpart, and subject to valid existing rights, the 
following are prohibited in wilderness areas managed by the Bureau:
    (a) Commercial enterprises;
    (b) Temporary or permanent roads;
    (c) Aircraft landing strips, heliports, or helispots;
    (d) Use of motorized equipment, motor vehicles, motorboats, or other 
forms of mechanical transport;
    (e) Landing of aircraft;
    (f) Dropping of materials, supplies, or persons from aircraft;
    (g) Structures or installations, including motels, summer homes, 
stores, resorts, organization camps, hunting and fishing lodges, 
electronic installations, and similar structures and uses;
    (h) Cutting of trees;
    (i) Violating any order or regulation established by the authorized 
officer;
    (j) Entry into or use of wilderness areas without a permit, where 
such permits are required by the authorized officer.

[[Page 955]]



Sec. 8560.2  Special provisions applicable to Alaska. [Reserved]



Sec. 8560.3  Administrative and emergency functions.

    To the extent authorized by law, the authorized officer may:
    (a) Use, construct or install motorized equipment, mechanical 
transport, aircraft, aircraft landing strips, heliports, helispots, 
installations or structures in designated wilderness areas, and 
prescribe conditions under which such items may be used, transported or 
installed by other Federal, State or county agencies or their agents, to 
meet the minimum requirements for

protection and administration of the wilderness area and its resources.
    (b) Authorize occupancy and use of wilderness areas by officers, 
employees, agencies or agents of the Federal, State and local 
governments to carry out the purposes of the Wilderness Act.
    (c) Prescribe measures to be taken, as necessary, to control fire, 
insects and diseases where these threaten human life, property or high 
value resources within the wilderness area or on adjacent nonwilderness 
lands.
    (d) Prescribe measures which may be used in emergencies involving 
the health and safety of persons or damage to property, including the 
conditions for use of motorized equipment, mechanical transport, 
aircraft, installations and structures.



Sec. 8560.4  Nonconforming uses.

    All uses specifically permitted in wilderness areas by the 
Wilderness Act and subsequent laws shall be conducted in a manner that 
will preserve the wilderness character of the land, except as otherwise 
provided in the Wilderness Act and this part.



Sec. 8560.4-1  Livestock grazing.

    (a) The grazing of livestock, where such use was established before 
the date of the establishment of the area as a unit of the National 
Wilderness Preservation System, shall be permitted to continue under the 
regulations on the grazing of livestock on public lands in part 4100 of 
this chapter and in accordance with any special provisions covering 
grazing use in wilderness areas that the Director may prescribe.
    (b) Grazing activities may include the construction, use and 
maintenance of livestock management improvements and facilities 
associated with grazing that are in compliance with wilderness area 
management plans provided for in the Wilderness Management Policy (46 FR 
47180, September 24, 1981) approved by the authorized officer.



Sec. 8560.4-2  Aircraft and motorboats.

    The authorized officer may permit the landing of aircraft and use of 
motorboats at places within any wilderness area where these uses were 
established before the date the area was designated by Congress as a 
unit of the National Wilderness Preservation System, and where such uses 
have continued, subject to such restrictions as he/she finds necessary. 
The authorized officer may also permit the maintenance of aircraft 
landing strips, heliports or helispots that existed when the area was 
designated a unit of the National Wilderness Preservation System.



Sec. 8560.4-3  Access.

    (a) States or persons, and their successors in interest, who own 
lands completely surrounded by a wilderness area shall be given such 
rights as may be necessary to assure adequate access to such lands, or 
the private or State land shall be exchanged for federally owned land of 
approximately equal value within the same State under authorities 
available to the Secretary of the Interior.
    (b) Persons with valid mining claims or other valid occupancies 
wholly within wilderness areas shall be permitted access to such 
surrounded occupancies by means that are consistent with the 
preservation of such wilderness and that have been or are being 
customarily used with respect to other such occupancies surrounded by 
wilderness. Permits issued under 43 CFR part 2800 or 2880, or plans 
approved under 43 CFR subpart 3809 by the authorized officer shall 
prescribe the routes of travel to and from the occupancies surrounded by 
wilderness, the mode of travel, and other conditions reasonably 
necessary to preserve the wilderness areas.

[[Page 956]]

    (c) No roads shall be constructed across wilderness areas unless 
permitted by the authorized officer. Access by routes or modes of travel 
not available to the general public may, when fully justified, be 
permitted by written authorization of the authorized officer. The 
authorization shall prescribe routes and modes of travel which will 
result in impacts of least duration and degree on wilderness 
characteristics, and at the same time, serve the reasonable purposes for 
which the lands are held or used.



Sec. 8560.4-4  Commercial services.

    The authorized officer may permit temporary structures and 
commercial services such as those provided by packers, outfitters and 
guides within wilderness areas to the extent he/she finds necessary for 
activities appropriate for realizing the recreational or other 
wilderness purposes of the area.



Sec. 8560.4-5  Gathering information about resources.

    (a) Any person desiring to conduct any activity for purposes of 
gathering information about natural resources in wilderness may do so 
provided it is carried on in a manner compatible with the preservation 
of the wilderness environment. Where required by other law or 
regulation, such person shall obtain the necessary permits or 
authorizations. The authorized officer in granting such permits or 
authorizations shall allow such activities, subject to such restrictions 
as he/she may impose to insure that they are carried on in a manner 
compatible with the preservation of the wilderness environment. This 
section shall not apply to mineral prospecting under the

mining or mineral leasing laws conducted prior to the date when the 
mining and mineral leasing laws cease to apply to the respective 
component of the system. (See Sec. 8560.4-6.)
    (b) Any person desiring to use motor vehicles, motorized equipment, 
mechanized transport, or to land aircraft for mineral prospecting or for 
gathering information about resources, shall notify the Bureau in 
writing. No form of overland mechanical transport may be used unless 
approved in accordance with subparts 2920, 3045, 3209 or 3509 of this 
title. If a permit is required, it shall provide for the protection of 
public land resources, including wilderness characteristics, protection 
of the public and restoration of disturbed areas, and may provide for 
the posting of performance bonds.



Sec. 8560.4-6  Mining law administration.

    The United States mining laws shall apply to each wilderness area 
under the jurisdiction of the Bureau for the period specified in the 
Wilderness Act and subsequent establishing legislation to the same 
extent they were applicable immediately prior to the designation of the 
area as part of the National Wilderness Preservation System.
    (a) No person shall obtain any right or interest in or to any 
mineral deposits that may be discovered through prospecting or other 
information-gathering activity after the date on which the United States 
mining laws cease to apply to the specific wilderness area.
    (b) No mining operations shall be conducted on Bureau-administered 
wilderness areas without an approved plan of operations where required 
by subpart 3809 of this chapter.
    (c) Holders of valid mining claims established on any Bureau-
administered wilderness area before the date such unit was included in 
the National Wilderness Preservation System shall be accorded the rights 
provided by the United States mining laws then applicable to the public 
lands involved.
    (d) Any person prospecting or locating a mining claim in a Bureau-
administered wilderness area on or after the date the wilderness area 
was included in the National Wilderness Preservation System, but prior 
to the date on which the mining laws cease to apply to that area, shall 
have the rights provided by the United States mining laws, subject to 
the provisions of the Wilderness Act and subsequent establishing 
legislation.
    (e) All mining claimants shall comply with the reasonable 
stipulations established by the authorized officer for the protection of 
resources in accordance with the general purposes of maintaining the 
National Wilderness Preservation System unimpaired for future use and 
enjoyment as wilderness

[[Page 957]]

and preserving its wilderness character, consistent with the use of the 
lands for mineral exploration, development, drilling and production, and 
for transmission lines, water lines, telephone lines or facilities 
necessary in exploring, drilling, producing, mining and processing 
operations. Where the use of mechanized transport, aircraft and 
motorized equipment is essential, these stipulations shall control their 
use.
    (f) As soon as feasible after mining operations cease, but no more 
than one year thereafter, the operator shall remove all structures, 
equipment and other facilities and, no more than 6 months thereafter, 
commence reclamation. Reclamation, including appropriate revegetation, 
shall be completed within a reasonable time as determined by the 
authorized officer. Whenever possible and feasible, reclamation shall 
restore the surface to a contour which appears to be natural, although 
this may not be the original contour. Where such measures are 
impractical or impossible, as determined by the authorized officer, 
reclamation shall provide the maximum achievable slope stability.
    (g) The authorized officer may require the posting of a cash or 
surety bond or other guarantee in such amount as the authorized officer 
determines to be sufficient to defray the costs of reclamation.
    (h) In the development and operation of mining claims, claimants 
shall, to extent practicable as determined by the authorized officer and 
consistent with the use of lands for mineral development, prevent 
erosion, deterioration of the lands, impairment of their wilderness 
character, and the obstruction, pollution, or siltation of the streams, 
lakes and springs.
    (i) The owner of patented mining claims located after the lands were 
included in the National Wilderness Preservation System may cut and use 
as much of the mature timber as is needed in the extraction, removal and 
beneficiation of the mineral deposits, if needed timber is not otherwise 
reasonably available. The cutting shall comply with sound principles of 
forest management as set forth in stipulations issued by the authorized 
officer.
    (j) Where there exists no current approved mineral examination 
report concluding that unpatented mining claims are valid, prior to 
approving plans of operations or allowing previously approved operations 
to continue on unpatented mining claims after the date on which the 
lands were withdrawn from appropriation under the mining laws, the 
authorized officer shall cause a mineral examination of the unpatented 
mining claim to be conducted by a Bureau of Land Management mineral 
examiner to determine whether or not the claim was valid prior to the 
withdrawal and remains valid. If the approved mineral examination report 
concludes that the claim lacks a discovery of a valuable mineral 
deposit, or is invalid for any other reason, the authorized officer 
shall either deny the plan of operation or, in the case of an existing 
approved operation, issue a notice ordering the cessation of operations 
and shall promptly initiate contest proceedings to determine the status 
of the claim conclusively. However, neither the adverse conclusions of 
an approved mineral examination report nor the pendency of contest 
proceedings shall constitute grounds to disallow a plan of operations to 
the extent the plan proposes operations that will cause only 
insignificant surface disturbance and are for the purpose of: (1) Taking 
samples or gathering other evidence of claim validity to confirm and 
corroborate mineral exposures which are physically disclosed and 
existing on the claim prior to the withdrawal date, or (2) performing 
the minimum necessary annual assessment work as required by Sec. 3851.1 
of this title. Surface disturbance exceeding the insignificant level is 
permissible only when it is the minimum disturbance necessary to remove 
mineral samples to confirm and corroborate preexisting exposures of a 
valuable mineral deposit discovered prior to the withdrawal. The 
requirement in this subsection for a mineral examination shall not cause 
a suspension of the time limitations governing approval of operating 
plans contained in Sec. 3809.1-6 of this title. Once a final 
administrative decision is rendered declaring a claim to be null and 
void, all operations, except required reclamation

[[Page 958]]

work, shall be disallowed and shall cease unless and until such decision 
is reversed in a judicial review action.
    (k) Activities, including prospecting under the United States mining 
laws, for the purpose of gathering information about minerals in 
wilderness, shall be allowed, except that any such activity for 
gathering mineral information after the date on which the United States 
mining laws cease to apply shall be conducted in a manner compatible 
with the preservation of the wilderness environment. After such date, 
mining claims shall not be located in wilderness areas.
[50 FR 7708, Feb. 25, 1985, as amended at 51 FR 15893, Apr. 29, 1986]



Sec. 8560.4-7  Mineral leases and mineral permits.

    (a) No mineral leases shall be issued under the mineral leasing laws 
in any wilderness area on public lands.
    (b) Holders of valid mineral leases established on any Bureau-
administered wilderness area before the date such unit was included in 
the National Wilderness Preservation System shall be accorded the rights 
granted by the terms and conditions of the specific leases.
    (c) Subject to valid existing rights, no person shall obtain any 
right or interest in or to any mineral deposits that may be discovered 
in a wilderness area through prospecting or other information-gathering 
activity after the date on which the laws pertaining to mineral leasing 
cease to apply to the specific wilderness area.
    (d) Permits shall not be issued for the removal of mineral materials 
commonly known as common varieties under the Materials Act of July 31, 
1947, as amended and supplemented (30 U.S.C. 601, 604).



Sec. 8560.4-8  Water and power resources.

    Prospecting for water resources and the establishment of new 
reservoirs, water-conservation works, power projects, transmission lines 
and other facilities needed in the public interest, and the subsequent 
maintenance of such facilities, all pursuant to section 4(d)(4)(1) of 
the Wilderness Act, may be permitted if specifically authorized by the 
President.



Sec. 8560.5  Penalties.

    (a) Any person who knowingly and willfully violates the regulations 
in Sec. 8560.1-2 is subject to arrest, conviction and punishment by a 
fine of not more than $1,000 or imprisonment for not more than 12 
months, or both.
    (b) At the request of the Secretary of the Interior, the Attorney 
General may institute a civil action in any United States district court 
for an injunction or other appropriate order to prevent any person from 
utilizing public lands in violation of the regulations of this part.



      Group 8600--Environmental Education and Protection [Reserved]

[[Page 959]]



                 SUBCHAPTER I--TECHNICAL SERVICES (9000)





Group 9100--Engineering--Table of Contents




    Note:  The information collection requirements contained in part 
9180 of Group 9100 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3507 and assigned clearance number 1004-0033. The 
information is being collected to permit the authorized officer to 
determine whether an application for survey of islands or other omitted 
lands that are part of the public lands should be granted. The 
information will be used to make this determination. A response is 
required to obtain a benefit.

[48 FR 40890, Sept. 12, 1983]



PART 9180--CADASTRAL SURVEY--Table of Contents




                Subpart 9180--Cadastral Surveys; General

Sec.
9180.0-2  Objectives.
9180.0-3  Authority.
9180.1  Interpretation of survey records.
9180.1-1  Meridians.

                      Subpart 9183--Special Surveys

9183.0-2  Objectives.

                 Subpart 9185--Instructions and Methods

9185.1  Applications.
9185.1-1  Surveys.
9185.1-2  Resurveys.
9185.1-3  Mining claims.
9185.2  Requirements for surveys.
9185.2-1  [Reserved]
9185.2-2  Lands omitted from original survey.
9185.2-3  Unsurveyed islands and omitted lands.
9185.3  Requirements for resurveys; without cost to applicant.
9185.3-1  Eligibility.
9185.3-2  Showing required.
9185.3-3  Majority of land owners.
9185.4  Requirements for resurvey; with cost prorated.
9185.4-1  Estimate of cost.
9185.4-2  Showing required.
9185.4-3  Three-fourths of land owners.

    Authority:  R.S. 2478; 43 U.S.C. 1201; 40 Stat. 965, as amended; 43 
U.S.C. 773.



                Subpart 9180--Cadastral Surveys; General

    Source:  35 FR 9797, June 13, 1970, unless otherwise noted.



Sec. 9180.0-2  Objectives.

    (a) Alaska; existing surveys and extension thereof. The surveys up 
to the present time have been confined to known agricultural areas, the 
coal fields, and such other lands as have been considered to be suitable 
for development by settlers or otherwise. The extensions of the surveys 
to other areas will be governed largely by the character of the lands 
and their suitability for use, development, and administration under the 
public land laws applicable to Alaska.
    (b) Resurveys. The real interest of the Government in the resurvey 
of the public lands is well stated in the said Act of March 3, 1909, 
``to properly mark the boundaries of the public lands remaining 
undisposed of.'' Its duty being thus defined, the Bureau of Land 
Management will refrain from attempting to do more in the relocation of 
the corners of privately owned lands in a township being resurveyed than 
to reestablish such corners from the best available evidence of the 
original survey.



Sec. 9180.0-3  Authority.

    (a) Delegation to Director, Bureau of Land Management. (1) In the 
establishment of the Bureau of Land Management by Reorganization Plan 
No. 3 of 1946, the office of Supervisor of Surveys was abolished and the 
functions and powers thereof were transferred to the Secretary of the 
Interior, to be performed by such officers or agencies of the Department 
as might be designated by the Secretary. Under that authority, the 
functions and powers formerly exercised by the Supervisor of Surveys 
were delegated to the Chief Cadastral Engineer, subject to the 
supervision of the Director, Bureau of Land Management. In the general 
reorganization and realignment of functions of the Bureau, the office of 
Chief Cadastral Engineer has been abolished, and the functions of that 
office have been delegated to the Director.
    (2) By this sequence, the cadastral surveying work of the Bureau of 
Land Management has been placed under the

[[Page 960]]

immediate jurisdiction of the Director, subject to the direction and 
control of the Secretary of the Interior. Certain functions relating to 
specific phases of the cadastral surveying work have been delegated to 
the State Director.
    (b) Alaska. The rectangular system of survey of the public lands was 
extended to the State of Alaska by the Act of March 3, 1899 (30 Stat. 
1098; 48 U.S.C. 351). The regular township surveys in Alaska conform to 
that system, but departures therefrom are permitted under the conditions 
stated in the Act of April 13, 1926 (44 Stat. 243; 48 U.S.C. 379), and 
in certain other cases, such as special surveys for trade and 
manufacturing sites, headquarters sites, and homesites under section 10 
of the Act of May 14, 1898 (30 Stat. 413; 48 U.S.C. 461), as amended; 
for soldiers additional entries, pursuant to sections 2306 and 2307 of 
the Revised Statutes (43 U.S.C. 274, 278); and for small tracts under 
the Act of June 1, 1938 (52 Stat. 609; 43 U.S.C. 682a), as amended.
    (1) Administration of the public land surveying activities in Alaska 
is under the general supervision of the State Director, Bureau of Land 
Management, at Anchorage, Alaska. The office, in which the records 
relating to the public land surveys in the State are maintained, is 
located at Anchorage, Alaska. Correspondence relating to local survey 
matters should be addressed to the State Director, Juneau, Alaska.
    (c) Resurvey of township--(1) Without cost to applicant when title 
to at least 50 percent of the area is in the United States. The Act of 
March 3, 1909 (35 Stat. 845), as amended by the Joint Resolution of June 
25, 1910 (36 Stat. 884; 43 U.S.C. 772), authorizes the Secretary of the 
Interior to cause to be made such resurveys of the public lands as after 
full investigation he may deem essential to properly mark the boundaries 
of the public lands remaining undisposed of.
    (2) Cost to be prorated between applicants and United States, when 
more than 50 percent of the area is privately owned. (i) The Act of 
September 21, 1918 (40 Stat. 965; 43 U.S.C. 773), provides authority for 
the resurvey by the Government of townships heretofore held to be 
ineligible for resurvey under existing departmental regulations by 
reason of disposals in excess of 50 percent of the total area thereof.
    (ii) Under the Act mentioned, and upon the application of the owners 
of three-fourths of the privately owned lands in any township previously 
surveyed, or upon the application of a court of competent jurisdiction, 
accompanied by a deposit of funds sufficient to cover the estimated 
cost, inclusive of the necessary office work, of the resurvey of all of 
the privately owned lands in such township, the State Director, Bureau 
of Land Management, is authorized, in his discretion, to cause to be 
made a resurvey of the township in question in accordance with the laws 
and regulations governing surveys and resurveys of the public lands; the 
cost of the resurvey of the residue of the public lands in such township 
to be paid by the Government from the current annual appropriation for 
the survey and resurvey of the public lands in addition to the portion 
thereof made available for resurveys and retracements by the provisions 
of the Act of March 3, 1909 (35 Stat. 845), as amended by Joint 
Resolution of June 25, 1910 (36 Stat. 884; 43 U.S.C. 772). The total 
cost of the resurvey of the township is thus divided between the 
Government and the petitioners in proportion to the extent of their 
respective holdings.
    (iii) It is further provided that any portion of such deposit in 
excess of the actual cost of the field and office work incident to such 
resurvey of privately owned lands shall be repaid pro rata to the 
applicants for resurvey or to their legal representatives.



Sec. 9180.1  Interpretation of survey records.



Sec. 9180.1-1  Meridians.

    (a) Alaska. The public land surveys in Alaska are governed by three 
principal meridians established as follows: The Seward Meridian, 
initiated just north of Resurrection Bay and extending to the Matanuska 
coal fields; the Fairbanks Meridian, commencing near the town of 
Fairbanks and controlling the surveys in that vicinity, including the 
Nenana coal fields; and the Copper River Meridian which lies in the 
valley of the Copper River and from which

[[Page 961]]

surveys have been executed as far north as the Tanana River and south to 
the Bering River coal fields and the Gulf of Alaska.
    (b) Copies of records. Copies of plats of surveys in Alaska, or 
other records of the Public Survey Office, will be sold at the cost of 
production, in accordance with section 1 of the Act of August 24, 1912 
(37 Stat. 497), as amended (5 U.S.C. 488), and Sec. 2.3 of this title.



                      Subpart 9183--Special Surveys



Sec. 9183.0-2  Objectives.

    Information respecting special surveys of soldier's additional 
entries, homesites, homesteads, and trade and manufacturing sites is 
given in subparts 2610, 2511, 2562, and 2730 of this chapter, 
respectively.
[35 FR 9798, June 13, 1970]



                 Subpart 9185--Instructions and Methods

    Source:  35 FR 9798, June 13, 1970, unless otherwise noted.



Sec. 9185.1  Applications.



Sec. 9185.1-1  Surveys.

    (a) Original surveys. Application for the original extension of the 
rectangular system of public land surveys to include unsurveyed 
townships should be filed in duplicate with the State Director for the 
State in which the lands are situated. The application may be in letter 
form, and should describe the unsurveyed area by township and range of 
the public surveys, and should set forth the interest of the applicant 
in the land and the basis of need for extension of the surveys.
    (b) Lands omitted from original survey. Application for the survey 
of an unsurveyed island or other land omitted from the original survey 
shall be made on Form 9600-2, or its equivalent, and filed in duplicate 
with the State director for the State in which lands are situated.
[35 FR 9798, June 13, 1970, as amended at 44 FR 41795, July 18, 1979]



Sec. 9185.1-2  Resurveys.

    (a) Filing of applications for survey without cost to applicant. The 
application prepared in accordance with this part, should be submitted 
to the State Director for the State in which the lands are situated.
    (b) Filing of applications for survey with cost prorated. 
Applications for resurvey based upon the provisions of the Act of 
September 21, 1918, prepared in accordance with this part should be 
submitted to the State Director for the State in which the lands are 
situated. Prior to filing formal application, however, the interested 
parties should obtain from the proper office, as above designated, an 
estimate of the cost of the proposed resurvey.



Sec. 9185.1-3  Mining claims.

    (a) Application for survey. Application for the survey of a mining 
claim should be filed with the State Director for the State in which the 
claim is situated.
    (b) Mineral surveyors. See Sec. 3861.5-1 for the appointment of 
mineral surveyors pursuant to section 2334 of the Revised Statutes (30 
U.S.C. 39).
[35 FR 9798, June 13, 1970, as amended at 38 FR 30001, Oct. 31, 1973]



Sec. 9185.2  Requirements for surveys.



Sec. 9185.2-1  [Reserved]



Sec. 9185.2-2  Lands omitted from original survey.

    (a) Notice of intended application. Notice of intention to apply for 
survey of an island or other land omitted from the original survey shall 
be served on the adjacent land owners, and the Attorney General and the 
Secretary of State for the State in which the land is situated, at least 
30 days prior to the date of application for survey. Service may be had 
by return receipt mail or in person, evidence of which may consist of 
the return receipt or signed acknowledgment of service. A copy of each 
notice, with proof of service thereof, shall be filed with the 
application. Failure to obtain evidence of service may be explained.
    (b) Form of notice. No particular form of notice is prescribed. The 
notice must make it clear, however, that the land covered by the 
application is contended

[[Page 962]]

to be public land of the United States and subject to survey and 
administration as such, and that any protest against the proposed survey 
should be filed with the appropriate State Director. It must be shown 
what particular surveyed lands opposite the island, or adjoining the 
unsurveyed land, are owned by the adjacent land owner on whom the notice 
is served.
    (c) Evidence required as to character of land in existence at time 
of original survey. An application for the survey of an island or other 
land omitted from the original survey must be accompanied by evidence 
showing that the land was in existence and above ordinary high-water 
elevation when the State was admitted into the Union, and when the 
adjacent lands were surveyed. Such evidence should consist of statements 
from at least two persons familiar with the land, as to its size, 
elevation, and appearance, and the species, size, and age of the timber 
growth thereon, or nature of other vegetation.
    (d) Diagram required with application. A diagram showing the 
approximate configuration of the island or other land applied for, and 
its location with reference, to the public land surveys, must accompany 
the application.
    (e) Cost of survey. In the event of approval of the application, the 
costs of the survey will be borne by the Government.
    (f) No preference right. Should the island or other land be surveyed 
as public land, no preference right to acquire the same under the laws 
governing the disposal of public lands will be gained by the filing of 
the application for survey.
[35 FR 9798, June 13, 1970, as amended at 44 FR 41795, July 18, 1979]



Sec. 9185.2-3  Unsurveyed islands and omitted lands.

    (a) Section 211(a) of the Federal Land Policy and Management Act of 
1976 (90 Stat. 2758), provides for the conveyance under the Recreation 
and Public Purposes Act of unsurveyed islands determined by the 
Secretary to be public lands of the United States. The conveyance of any 
such island may be made without survey; however, such island shall be 
surveyed at the request of the qualified applicant. If the applicant 
requests that a survey be executed, the applicant shall be required to:
    (1) Furnish a written statement identifying his choice of donation 
of money, services, or both for the survey.
    (2) If the applicant elects to donate money, such donation shall 
equal the Bureau of Land Management's estimated cost of survey. The 
donated money shall be credited and expended in accordance with section 
307(c) of the Act. A written estimate of such costs shall be furnished 
to the applicant by the Bureau.
    (3) If the applicant elects to donate services, such services shall 
be conducted and performed pursuant to the criteria established by the 
Director of the Bureau of Land Management.
    (b) Section 211(b) of the Act, provides for conveyance, under the 
Recreation and Public Purposes Act (43 U.S.C. 869), of lands other than 
islands determined by the Secretary by survey to be public lands of the 
United States erroneously or fraudulently omitted from the original 
surveys. An applicant may be required to donate money, services, or a 
combination thereof for such survey. The procedures contained in 
Sec. 9185.2-3(a) of this title shall be followed.
[44 FR 41795, July 18, 1979]



Sec. 9185.3  Requirements for resurveys; without cost to applicant.



Sec. 9185.3-1  Eligibility.

    (a) Determined by ownership of land. As a general rule, and in the 
absence of any particular governmental purpose to be subserved, no 
township is eligible for resurvey unless title to at least 50 percent of 
the area of the lands embraced therein remains in the United States. For 
the purpose of determining the eligibility of a township under this 
rule, lands covered by approved selections, school sections, and entries 
upon which final certificates or patents have been issued are to be 
considered as alienated lands. Townships within the primary limits of 
railroad land grants are generally ineligible.
    (b) Determined by physical character of remaining public land. In 
general no resurvey will be undertaken unless the preliminary 
examination of the township develops evidence of existing settlement and 
agricultural possibilities

[[Page 963]]

sufficient to support the presumption that the unappropriated lands 
therein are such as to attract bona fide entrymen, thus eliminating 
townships which, although theoretically eligible, are of such a physical 
character that the resurvey thereof would serve no useful purpose.
    (c) Small areas. In the application of the terms of the Act of March 
3, 1909 (35 Stat. 845), as amended, is not intended that there shall be 
undertaken any work involving the mere reestablishment of lost or 
obliterated or misplaced corners in a limited area of a township, such 
work being within the province of the local surveyors, and the authority 
of the public survey office will be limited to the giving of advice in 
accordance with the circular for the restoration of lost or obliterated 
corners. Employees of the Bureau of Land Management are prohibited from 
participating in the resurvey of a township, the reestablishment of lost 
corners, or in the subdivision of sections for private parties, even if 
the expense is borne by the county or municipal authorities or by 
individuals.



Sec. 9185.3-2  Showing required.

    (a) Necessity. The applicants for the resurvey of any township are 
required to present satisfactory prima facie evidence of the necessity 
for such action, based either upon general obliteration of evidences of 
the original survey or upon conditions so grossly defective as to 
preclude the possibility of a reasonably certain identification of the 
subdivisions of the subsisting survey or a satisfactory local 
restoration thereof.
    (b) Condition of original survey. Applications for the resurvey of 
each township must be supported by evidence in the form of a statement, 
preferably from the county or other competent surveyor, showing in 
detail that the evidences of the original survey have been obliterated 
to such an extent as to make it impracticable to apply the suggestions 
of the circular issued by the Bureau of Land Management for the 
necessary restoration of the lines and corners in the proper 
identification of the legal subdivisions occupied by the present or 
prospective entrymen or that the obliteration of the original monuments 
has become so advanced that the land boundaries can be identified only 
through extensive retracements by experienced engineers of the Bureau of 
Land Management.



Sec. 9185.3-3  Majority of land owners.

    A majority of the settlers in each township are required to join in 
the application, and, in addition, there must appear the endorsements of 
the entrymen and owners, including the State, whose holdings represent 
the major part of the area entered or patented, with a description 
opposite each name of the lands actually occupied, entered, or owned, 
and a statement as to whether the applicant is a settler, entryman, or 
owner thereof. Where an entryman or owner, including the State, has 
failed for any reason whatsoever to join in the application, evidence of 
service of notice upon him for at least 30 days in advance of the filing 
of the application is required in order that he may be afforded ample 
opportunity to make timely protest against the granting of such resurvey 
if in his opinion such action is undesirable.



Sec. 9185.4  Requirements for resurvey; with cost prorated.



Sec. 9185.4-1  Estimate of cost.

    (a) The cost of resurvey procedure is as a rule considerably in 
excess of that incident to the execution of original surveys and may 
range between rather wide limits. Where the obliteration is not 
excessive and the evidences of the original survey are harmoniously 
related, extensive verifying retracements will be unnecessary and 
ordinary dependent methods of resurvey can usually be applied. If, 
however, the obliteration is general or total, many miles of preliminary 
retracement may be required in order to obtain technical control, and 
where, by reason of errors in the original survey, the existing 
evidences thereof are discordant and conflicting locations have 
resulted, the procedure required may, in the case of densely entered 
townships, involve an expense of $5,000 or more per township.
    (b) The applicants for resurvey should understand, therefore, that 
although the estimate supplied will be as

[[Page 964]]

nearly correct as the available information will permit, its accuracy 
cannot be guaranteed, and, consequently, all such estimates are subject 
to revision, if necessary, as the work proceeds and the field conditions 
are more fully developed. Any deposit in excess of actual cost will be 
returned to the applicants as provided by law, but in cases where the 
cost exceeds the deposit made in accordance with the estimate, an 
additional deposit will be required, failing which, operations will be 
suspended.
    (c) In the application of the terms of this Act it is not intended 
that there shall be undertaken any work involving the mere 
reestablishment of lost or obliterated or misplaced corners in a limited 
area of a township, such work being within the province of the local 
surveyor, and the authority of the State Director will be restricted to 
the giving of advice in accordance with the circular for the restoration 
of lost or obliterated corners. Employees of the Government are 
prohibited from participating in the resurvey of a township or the 
reestablishment of lost corners or in the subdivision of sections for 
private parties, even if the expense is borne by the county or State 
authorities or by individuals, except as such action is specifically 
authorized by the Director, Bureau of Land Management, in accordance 
with the provisions of existing statutes.
    (d) Deposit required: The deposit required of the petitioners by law 
must accompany the application and must be made in the amount, at the 
place and in the manner prescribed by the instructions which will 
accompany the estimate.



Sec. 9185.4-2  Showing required.

    (a) Necessity. The applicants for the resurvey of any township are 
required to present satisfactory prima facie evidence of the necessity 
for such action. In general, it must be shown that the evidences of the 
original survey are so widely obliterated or that the prevailing survey 
conditions are so grossly defective as to preclude the satisfactory 
identification of the subdivisions of the subsisting survey or that the 
evidences of the original survey are in such an advanced state of 
deterioration that action looking to their preservation and perpetuation 
is expedient as in the public interest.
    (b) Ownership of land. The applicants for resurvey are required to 
preface their petition by the statement that the extent of privately 
owned lands within the township is in excess of 50 percent of the total 
area thereof. If necessary, information in this connection may be 
obtained by the petitioners from the manager of the land office having 
local jurisdiction. Failure to comply with the condition set forth in 
this section or material error in the showing made, will not only result 
in delaying action upon the petition, but may require its rejection if 
it is found that the township is not properly subject to resurvey under 
the terms of the governing Act.



Sec. 9185.4-3  Three-fourths of land owners.

    The owners of three-fourths of the privately owned lands within the 
township are required to join in the application, and all petitioners in 
whom ownership is vested, either individuals, the State, or corporations 
such as railroad companies whose interests are involved, are further 
required to supply, following their respective signatures, an accurate 
description by legal subdivision, section, township, and range of the 
lands to which title is claimed. Moreover, it must appear that notice of 
the proposed resurvey has been served upon all owners who have for any 
reason failed to join in the petition, and, in addition, it is highly 
desirable that all record entrymen who, under the terms of the act are 
not required to become parties to the petition, be similarly informed to 
the end that their objections, if any, may be heard and subsequent 
protest based upon the plea of ignorance may, insofar as possible, be 
avoided.



                         Group 9200--Protection



PART 9210--FIRE MANAGEMENT--Table of Contents




                    Subpart 9212--Wildfire Prevention

Sec.
9212.0-1  Purpose.
9212.0-2  Objective.
9212.0-3  Authority.

[[Page 965]]

9212.0-5  Definitions.
9212.0-6  Policy.
9212.1  Prohibited acts.
9212.2  Fire prevention orders.
9212.3  Permits.
9212.4  Penalties.

    Authority:  43 U.S.C. 1701 et seq.

    Source:  46 FR 42828, Aug. 24, 1981, unless otherwise noted.



                    Subpart 9212--Wildfire Prevention



Sec. 9212.0-1  Purpose.

    The purpose of this subpart is to set forth procedures to prevent 
wildfires on the public lands.



Sec. 9212.0-2  Objective.

    The objective of this subpart is to prevent wildfires on the public 
lands.



Sec. 9212.0-3  Authority.

    This subpart is issued under the authority of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).



Sec. 9212.0-5  Definitions.

    As used in this subpart, the term:
    (a) Person means individuals, corporations, companies, associations, 
firms, partnerships, societies or joint stock companies.
    (b) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this subpart.
    (c) Public lands means any lands and interest in lands owned by the 
United States within the several States and administered by the 
Secretary of the Interior through the Bureau of Land Management, without 
regard to how the United States acquired ownership, except:
    (1) Lands located on the Outer Continental Shelf; and
    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
    (d) Fire means the burning of timber, trees, slash, brush, tundra, 
grass or other flammable material such as, but not limited to, petroleum 
products, trash, rubbish, lumber, paper, cloth or agricultural refuse 
occurring out of doors and includes campfire as defined in this section.
    (e) Campfire means a controlled fire occurring out of doors used for 
cooking, branding, personal warmth, lighting, ceremonial or esthetic 
purposes.
    (f) Permit means authorization in writing by the authorized officer.
    (g) Closed area means public lands closed to entry by a Bureau of 
Land Management fire prevention order.
    (h) Wildlife means any wildland fire that requires a suppression 
response.
    (i) Restricted area means public lands restricted as to use(s) by a 
Bureau of Land Management fire prevention order.



Sec. 9212.0-6  Policy.

    It is the policy of the Bureau of Land Management to take all 
necessary actions to protect human life, the public lands and the 
resources and improvements thereon through the prevention of wildfires. 
Wherever possible, the Bureau of Land Management's actions will 
complement and support State and local wildfire prevention actions.



Sec. 9212.1  Prohibited acts.

    Unless permitted in writing by the authorized officer, it is 
prohibited on the public lands to:
    (a) Cause a fire, other than a campfire, or the industrial flaring 
of gas, to be ignited by any source;
    (b) Fire a tracer or incendiary device;
    (c) Burn, timber, trees, slash, brush, tundra or grass except as 
used in campfires;
    (d) Leave a fire without extinguishing it, except to report it if it 
has spread beyond control;
    (e) Build, attend, maintain or use a campfire without removing all 
flammable material from around the campfire adequate to prevent its 
escape;
    (f) Resist or interfere with the efforts of firefighter(s) to 
extinguish a fire;
    (g) Enter an area which is closed by a fire prevention order, or
    (h) perform any act restricted by a fire prevention order.



Sec. 9212.2  Fire prevention orders.

    (a) To prevent wildfire or facilitate its suppression, an authorized 
officer may issue fire prevention orders that close entry to, or 
restrict uses of, designated public lands.
    (b) Each fire prevention order shall:

[[Page 966]]

    (1) Identify the public lands, roads, trails or waterways that are 
closed to entry or restricted as to use;
    (2) Specify the time during which the closure or restriction shall 
apply;
    (3) Identify those persons who, without a written permit, are exempt 
from the closure or restrictions;
    (4) Be posted in the local Bureau of Land Management office having 
jurisdiction over the lands to which the order applies; and
    (5) Be posted at places near the closed or restricted area where it 
can be readily seen.



Sec. 9212.3  Permits.

    (a) Permits may be issued to enter and use public lands designated 
in fire prevention orders when the authorized officer determines that 
the permitted activities will not conflict with the purpose of the 
order.
    (b) Each permit shall specify:
    (1) The public lands, roads, trails or waterways where entry or use 
is permitted;
    (2) The person(s) to whom the permit applies;
    (3) Activities that are permitted in the closed area;
    (4) Fire prevention requirements with which the permittee shall 
comply; and
    (5) An expiration date.
    (c) An authorized officer may cancel a permit at any time.



Sec. 9212.4  Penalties.

    Any person who knowingly and willfully violates the regulations at 
Sec. 9212.1 of this title shall, upon conviction, be subject to a fine 
of not more than $1,000 or to imprisonment of not more than 12 months, 
or both.



PART 9230--TRESPASS--Table of Contents




                     Subpart 9239--Kinds of Trespass

Sec.
9239.0-3  Authority.
9239.0-7  Penalty for unauthorized removal of material.
9239.0-8  Measure of damage.
9239.0-9  Sale, lease, permit, or license to trespassers.
9239.1  Timber and other vegetative resources.
9239.1-1  Unauthorized cutting, removal, or injury.
9239.1-2  Penalty for trespass.
9239.1-3  Measure of damages.
9239.2  Unlawful enclosures or occupancy.
9239.2-1  Enclosures of public lands in specified cases declared 
          unlawful.
9239.2-2  Duty of district attorney.
9239.2-3  Responsibility for execution of law.
9239.2-4  Filing of charges or complaints.
9239.2-5  Settlement and free passage over public lands not to be 
          obstructed.
9239.3  Grazing, Alaska.
9239.5  Minerals.
9239.5-1  Ores.
9239.5-2  Oil.
9239.5-3  Coal.
9239.6  Materials.
9239.6-1  Turpentine.
9239.7  Right-of-way.
9239.7-1  Public lands.

    Authority:  R.S. 2478; 43 U.S.C. 1201; 43 U.S.C. 1701, et seq.; 18 
U.S.C. 1851-1858.

    Source:  35 FR 9800, June 13, 1970, unless otherwise noted.



                     Subpart 9239--Kinds of Trespass



Sec. 9239.0-3  Authority.

    (a) Sections 9239.0-3 to 9239.7 are issued under the authority of 
R.S. 2478; 43 U.S.C. 1201.
    (b) In addition to liability for trespass on the public lands, as 
indicated in this part, persons responsible for such trespass may be 
prosecuted criminally under any applicable Federal law. Penalties are 
prescribed by the following statutes:
    (1) Timber trespass. 18 U.S.C. 1852, 1853.
    (2) Turpentine trespass. 18 U.S.C. 1854.
    (3) Coal trespass. 18 U.S.C. 1851; 30 U.S.C. 201(b)(4).
[35 FR 9800, June 13, 1970, as amended at 42 FR 4460, Jan. 25, 1977]



Sec. 9239.0-7  Penalty for unauthorized removal of material.

    The extraction, severance, injury, or removal of timber or other 
vegetative resources or mineral materials from public lands under the 
jurisdiction of the Department of the Interior, except when authorized 
by law and the regulations of the Department, is an act of trespass. 
Trespassers will be liable in damages to the United States, and will be 
subject to prosecution for such unlawful acts.
[35 FR 9800, June 13, 1970, as amended at 56 FR 10176, Mar. 11, 1991]

[[Page 967]]



Sec. 9239.0-8  Measure of damage.

    The rule of damages to be applied in cases of timber or other 
vegetative resources, coal, oil, and other trespass in accordance with 
the decision of the Supreme Court of the United States in the case of 
Mason et al. v. United States (260 U.S. 545, 67 L. ed. 396), will be the 
measure of damages prescribed by the laws of the State in which the 
trespass is committed, unless by Federal law a different rule is 
prescribed or authorized.
[35 FR 9800, June 13, 1970, as amended at 56 FR 10176, Mar. 11, 1991]



Sec. 9239.0-9  Sale, lease, permit, or license to trespassers.

    (a) For the purpose of this section, a trespasser is any person, 
partnership, association, or corporation responsible for the unlawful 
use of, or injury to, property of the United States.
    (b) The authorized officer may refuse to sell to a trespasser timber 
or materials, or to issue to him a lease, permit, or license if, after a 
demand for payment has been served by certified or registered mail on 
the trespasser, a satisfactory arrangement for payment of the debt due 
the United States has not been made within reasonable time, and there is 
reason for the authorized officer to believe payment will not be made. 
Satisfactory arrangement shall be deemed to have been made by:
    (1) Payment by the trespasser of the amount found to be due by the 
authorized officer, by a final judgment of a court, or pursuant to a 
compromise settlement accepted by the United States; or
    (2) Execution by the trespasser of a promissory note or installment 
agreement, satisfactory to the authorized officer, so long as the 
agreed-upon payments are made on schedule; or
    (3) Delivery by the trespasser of a bond guaranteeing payment to the 
United States of the amount found to be due by the authorized officer or 
by a court of competent jurisdiction; or
    (4) Cancellation of the debt due the United States by a discharge in 
bankruptcy.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
the authorized officer may sell to a trespasser timber or materials or 
issue to him a lease, permit, or license for materials despite lack of a 
satisfactory arrangement for payment if such officer establishes in 
writing that:
    (1) There is no other qualified bidder or no other qualified bidder 
will meet the high bid, and
    (2) The sale, lease, permit, or license to the trespasser is 
necessary to protect substantial interests of the United States either 
by preventing deterioration of, or damage to, resources of the United 
States or by accepting an advantageous offer, and
    (3) The timber management or other resource management program of 
the United States will not be adversely affected by the action.



Sec. 9239.1  Timber and other vegetative resources.



Sec. 9239.1-1  Unauthorized cutting, removal, or injury.

    (a) All of the definitions in Sec. 5400.0-5 of this title apply to 
this section.
    (b) Commission of any of the acts listed in Secs. 5462.2 and 5511.4 
of this title constitutes a trespass.
[56 FR 10176, Mar. 11, 1991, as amended at 60 FR 50451, Sept. 29, 1995]



Sec. 9239.1-2  Penalty for trespass.

    (a) In accordance with Secs. 9239.0-7, 9239.0-8, and 9239.1-1 of 
this subpart, anyone responsible for a trespass act is liable to the 
United States in a civil action for damages and may be prosecuted under 
criminal law as provided in Sec. 9265.6 of this chapter.
    (b) The cutting of timber from the public land in Alaska, other than 
in accordance with the terms of the law and Secs. 5511.2 to 5511.2-6 of 
this chapter will render the persons responsible liable to the United 
States in a civil action for trespass and such persons may be prosecuted 
criminally under title 18 U.S.C., or under State law.
[35 FR 9800, June 13, 1970, as amended at 56 FR 10176, Mar. 11, 1991; 60 
FR 50451, Sept. 29, 1995]



Sec. 9239.1-3  Measure of damages.

    (a) Unless State law provides stricter penalties, in which case the 
State law shall prevail, the following minimum

[[Page 968]]

damages apply to trespass of timber and other vegetative resources:
    (1) Administrative costs incurred by the United States as a 
consequence of the trespass.
    (2) Costs associated with the rehabilitation and stabilization of 
any resources damaged as a result of the trespass.
    (3) Twice the fair market value of the resource at the time of the 
trespass when the violation was nonwillful, and 3 times the fair market 
value at the time of the trespass when the violation was willful.
    (4) In the case of a purchase from a trespasser, if the purchaser 
has no knowledge of the trespass, but should have had such knowledge 
through reasonable diligence, the value at the time of the purchase.
    (b) The provisions of paragraph (a) of this section shall not be 
deemed to limit the measure of damages that may be determined under 
State law.
[56 FR 10176, Mar. 11, 1991, as amended at 60 FR 50451, Sept. 29, 1995]



Sec. 9239.2  Unlawful enclosures or occupancy.



Sec. 9239.2-1  Enclosures of public lands in specified cases declared unlawful.

    (a) Section 1 of the Act of February 25, 1885 (23 Stat. 321; 43 
U.S.C. 1061), declares any enclosure of public lands made or maintained 
by any party, association, or corporation who ``had no claim or color of 
title made or acquired in good faith, or an asserted right thereto, by 
or under claim, made in good faith with a view to entry thereof at the 
proper land office under the general laws of the United States at the 
time any such enclosure was or shall be made'' to be unlawful and 
prohibits the maintenance of erection thereof.
    (b) Section 4 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 
1271; 43 U.S.C. 315o) provides:

    Fences * * * and other improvements necessary to the care and 
management of the permitted livestock may be constructed on the public 
lands within such grazing districts under permit issued by the authority 
of the Secretary, or under such cooperative arrangement as the Secretary 
may approve.

    (c) Section 10, paragraph (4) of the Federal Range Code, Sec. 4112.3 
of this chapter, containing rules for the administration of grazing 
districts prohibits ``Constructing or maintaining any kind of 
improvements, structures, fences, or enclosures on the Federal range, 
including stock driveways, without authority of law or a permit.''
    (d) Section 2 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 
1270; 43 U.S.C. 315a), provides that ``any willful violation of the 
provisions of this act'' or of ``rules and regulations thereunder after 
actual notice thereof shall be punishable by a fine of not more than 
$500.''
    (e) Violations of any of the provisions of the Act of February 25, 
1885, constitute a misdemeanor (Sec. 4, 23 Stat. 322; 35 Stat. 40; 43 
U.S.C. 1064).



Sec. 9239.2-2  Duty of district attorney.

    Section 2 of the Act of February 25, 1885 (23 Stat. 321; 43 U.S.C. 
1062, 28 U.S.C. 41, Par. 21), provides that it shall be the duty of the 
district attorney of the United States for the proper district on 
affidavit filed with him by any citizen of the United States that such 
unlawful enclosure is being made or maintained, showing the description 
of the lands enclosed with reasonable certainty so that the enclosure 
may be identified, to institute a civil suit in the proper United States 
district or circuit court or territorial district court in the name of 
the United States and against the parties named or described who shall 
be in charge of or controlling the enclosure complained of.



Sec. 9239.2-3  Responsibility for execution of law.

    The execution of this law devolves primarily upon the officers of 
the Department of Justice, but as it is the purpose to free the public 
lands from unlawful enclosures and obstructions, it is deemed incumbent 
upon the officers of the Department of the Interior to furnish the 
officers of the Department of Justice with the evidence necessary to a 
successful prosecution of the law.

[[Page 969]]



Sec. 9239.2-4  Filing of charges or complaints.

    All charges or complaints against unlawful enclosures or 
obstructions upon the public lands should be filed with the proper State 
Director. Such charges or complaints, when possible, should give the 
name and address of the party or parties making or maintaining such 
enclosure or obstruction and should describe the land enclosed in such a 
way that it may be readily identified. The section, township, and range 
numbers should be given, if possible.



Sec. 9239.2-5  Settlement and free passage over public lands not to be obstructed.

    Section 3 of the Act of February 25, 1885 (23 Stat. 322; 43 U.S.C. 
1063), provides that no person by force, threats, intimidation, or by 
any fencing or enclosing or any other unlawful means shall prevent or 
obstruct or shall combine or confederate with others to prevent or 
obstruct any person from peaceably entering upon or establishing a 
settlement or residence upon any tract of public land subject to 
settlement or entry under the public land laws of the United States or 
shall prevent or obstruct free passage or transit over or through the 
public lands.



Sec. 9239.3  Grazing, Alaska.

    (a) Reindeer. (1) Any use of the Federal lands for reindeer grazing 
purposes, unless authorized by a valid permit issued in accordance with 
the regulations in subpart 4132 of this chapter, is unlawful and is 
prohibited.
    (2) Any person who willfully violates any of the rules and 
regulations in subpart 4132 of this chapter shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punishable by 
imprisonment for not more than one year, or by a fine of not more than 
$500.
    (b) Livestock. (1) Grazing livestock upon, allowing livestock to 
drift and graze on, or driving livestock across lands that are subject 
to lease or permit under the provisions of this part or within a stock 
driveway, without a lease or other authorization from the Bureau of Land 
Management, is prohibited and constitutes trespass. Trespassers will be 
liable in damages to the United States for the forage consumed and for 
injury to Federal property, and may be subject to civil and criminal 
prosecution for such unlawful acts. A lessee who grazes livestock in 
violation of the terms and conditions of his lease by exceeding numbers 
specified, or by allowing the livestock to be on Federal land in an area 
or at a time different from that designated in his lease shall be in 
default and shall be subject to the provisions of Sec. 4131.2-7 (g) and 
(h) of this chapter. Under section 2 of the Act, any person who 
willfully grazes livestock on public lands without authority, shall, 
upon conviction, be punished by a fine of not more than $500.
    (2) Whenever it appears that a violation exists the authorized 
officer shall serve written notice upon the alleged violator. The notice 
shall set forth the act or omission constituting such violation and will 
allow the party involved a reasonable specified time from receipt of 
notice to demonstrate that there has been no violation or that he has 
since achieved compliance. If the showing is satisfactory to the 
authorized officer he will close the case. If satisfactory showing is 
not made within the time allowed, the violation alleged in the notice 
will be deemed to have been willful.
    (3) Where the owner of the trespassing livestock, or his 
representative, is known, the authorized officer shall determine the 
amount of the damage to the public land and other property of the United 
States and shall make a demand for payment upon the alleged violator 
setting forth the foregoing values including the value of the forage 
consumed. Such forage value shall be computed at the commercial rates, 
if susceptible to proof by reasonably available and reliable data; 
otherwise, a minimum charge of $2 per animal unit month for trespass not 
clearly willful will be made. Where the trespasses are repeated and/or 
willful, a minimum charge of $4 per animal unit month for forage 
consumed will be charged. All offers for settlement for value of forage 
consumed and for damage to the public land or to other property of the 
United States resulting from an alleged violation of any provision of 
the act or regulations found

[[Page 970]]

 within Sec. 4131.0-3 et seq. of this chapter in the amount of $2,000 or 
less may be accepted by the authorized officer. Offers for settlement in 
excess of $2,000 will be transmitted to the State Director for 
appropriate action. An offer of settlement will not constitute 
satisfaction of civil liability for consumed forage and damage involved 
until finally accepted by the authorized officer or the State Director, 
and in no event will it relieve the violator of criminal liability. No 
lease or permit will be issued or renewed until payment of any amount 
found to be due the United States under this section has been offered.
[35 FR 9800, June 13, 1970. Redesignated at 43 FR 29076, July 5, 1978]



Sec. 9239.5  Minerals.



Sec. 9239.5-1  Ores.

    (a) For ores trespass in a State where there is no State law 
governing such trespass, the measure of damages will be as follows:
    (1) Measure of damages is the same as in the case of coal. Benson 
Mining and Smelting Co. v. Alta Mining and Smelting Co. (145 U.S. 428, 
36 L. ed. 762; Durant Mining Co. v. Percy Consolidated Mining Co. (93 
Fed. 166)).



Sec. 9239.5-2  Oil.

    For oil trespass in a State where there is no State law governing 
such trespass, the measure of damages will be as follows:
    (a) Innocent trespass. Value of oil taken, less amount of expense 
incurred in taking the same.
    (b) Willful trespass. Value of the oil taken without credit or 
deduction for the expense incurred by the wrongdoers in getting it. 
Mason v. United States (273 Fed. 135).



Sec. 9239.5-3  Coal.

    (a) Determination of payment in coal trespass. For coal trespass in 
a State where there is no State law governing such trespass, the measure 
of damages will be as follows:
    (1) For innocent trespass, payment must be made for the value of the 
coal in place before severance. United States v. Homestake Mining 
Company (117 Fed. 481).
    (2) For willful trespass, payment must be made for the full value of 
the coal at the time of conversion without deduction for labor bestowed 
or expense incurred in removing and marketing the coal. Liberty Bell 
Gold Mining Company v. Smuggler-Union Mining Company (203 Fed. 795). The 
mining of coal in trespass is presumed to be willful, in the absence of 
persuasive evidence of the innocence and good faith of the trespasser. 
United States v. Ute Coal and Coke Company (158 Fed. 20).
    (b) Coal mined when there is no lease in effect. Any mining of coal 
which is not pursuant to a coal lease in effect at the time of the 
mining shall constitute a trespass, and the coal so mined must be paid 
for on a trespass basis.
    (c) Coal mined by successful bidder at public sale. The successful 
bidder at public sale for a coal leasing unit does not acquire any right 
to mine coal until he has complied with all the formalities required by 
the regulations, including the furnishing of a bond, and a lease has 
been issued to him. Coal mined by such applicant prior to the date of 
the issuance of a lease is in trespass and must be paid for on a 
trespass basis.
    (d) Coal permit, lease, or license not to issue until trespass 
account settled. No coal permit, lease, or license will be issued to 
anyone known to have mined coal in trespass until the trespass account 
is settled.
    (e) Right of surface owner to mine coal for domestic use. The owner 
of land patented with a reservation of the coal deposits, either under 
the act of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), or under the Act 
of June 22, 1910 (36 Stat. 583; 30 U.S.C. 83-85), has the right to mine 
coal for use upon the land for domestic purposes at any time prior to 
the disposal by the United States of the coal deposits.
    (f) Penalties for unauthorized exploration for coal. (1) Any person 
who willfully conducts coal exploration for commercial purposes without 
an exploration license issued under subpart 3507 of this chapter shall 
be subject to a fine of not more than $1,000 for each day of violation.
    (2) All data collected by said person on any Federal lands as a 
result of such

[[Page 971]]

violations shall immediately be made available to the Secretary, who 
shall make the data available to the public as soon as possible.
    (3) No penalty under this section may be assessed unless such person 
is given notice and opportunity for a hearing with respect to such 
violation pursuant to part 4 of this chapter.
[35 FR 9800, June 13, 1970, as amended at 41 FR 36023, Aug. 26, 1976; 42 
FR 4460, Jan. 25, 1977]



Sec. 9239.6  Materials.



Sec. 9239.6-1  Turpentine.

    For turpentine trespass in a State where there is no State law 
governing such trespass, the measure of damages will be as follows:
    (a) Innocent trespass. Value of the gum and injury done to the 
trees. United States v. Taylor (35 Fed. 484).
    (b) Willful trespass. Value of the product manufactured from the 
crude turpentine by the settler, or any person into whose possession 
same may have passed, without credit for labor bestowed on the 
turpentine by the wrongdoer. Union Naval Stores Co. v. United States 
(240 U.S. 284, 60 L. ed. 644).



Sec. 9239.7  Right-of-way.



Sec. 9239.7-1  Public lands.

    The filing of an application under part 2800, 2810, or 2880, of this 
chaper does not authorize the applicant to use or occupy the public 
lands for right-of-way purposes, except as provided at Secs. 2800.0-
5(m), 2802.1(d) and 2882.1, until written authorization has been issued 
by the authorized officer. Any unauthorized occupancy or use of public 
lands or improvements for right-of-way purposes constitutes a trespass 
against the United States for which the trespasser is liable for costs, 
damages, and penalties as provided in Secs. 2801.3, 2812.1-3, and 
2881.3, of this title. No new permit, license, authorization or grant of 
any kind shall be issued to a trespasser until:
    (a) The trespass claim is fully satisfied; or
    (b) The trespasser files a bond conditioned upon payment of the 
amount of damages determined to be due the United States; or
    (c) The authorized officer determines in writing that there is a 
legitimate dispute as to the fact of the trespasser's liability or as to 
the extent of his liability and the trespasser files a bond in an amount 
determined by the authorized officer to be sufficient to cover payment 
of a future court judgment in favor of the United States.
[54 FR 25855, June 20, 1989]



PART 9260--LAW ENFORCEMENT--CRIMINAL--Table of Contents




                 Subpart 9260--Law Enforcement, General

Sec.
9260.0-1  Purpose.
9260.0-2  Objective.
9260.0-3  Authority.
9260.0-4--9260.0-6  [Reserved]
9260.0-7  Penalties.

              Subpart 9261--General Management  [Reserved]

                 Subpart 9262--Land Resource Management

9262.0  Authority.
9262.1  Penalties for unauthorized use, occupancy, or development of 
          public lands.

              Subpart 9263--Minerals Management  [Reserved]

                     Subpart 9264--Range Management

9264.0-3  Authority.
9264.1  Grazing administration--exclusive of Alaska.
9264.2  Grazing administration--Alaska; livestock. [Reserved]
9264.3  Grazing administration--Alaska; reindeer. [Reserved]
9264.7  Wild free-roaming horse and burro protection, management, and 
          control.

     Subpart 9265--Timber and Other Vegetative Resources Management

9265.0-3  Authority.
9265.4  Sales of forest products, general.
9265.5  Non-sale disposals, general.
9265.6  Penalties.

                    Subpart 9266--Wildlife Management

9266.0-3  Authority.
9266.4  Viable coral communities.

[[Page 972]]

               Subpart 9267--Water Management  [Reserved]

                    Subpart 9268--Recreation Programs

9268.0-3  Authority.
9268.1  Cultural resource management. [Reserved]
9268.2  Natural history resource management procedures. [Reserved]
9268.3  Recreation management--procedures.
9268.4  Visual resource management. [Reserved]
9268.5  Wilderness management. [Reserved]
9268.6  Environmental education and protection. [Reserved]

                    Subpart 9269--Technical Services

9269.0-3  Authority.
9269.3  Criminal trespass.
9269.3-1  General management. [Reserved]
9269.3-2  Land resource management. [Reserved]
9269.3-3  Minerals management.
9269.3-4  Range management.
9269.3-5  Timber management.

    Authority:  16 U.S.C. 433; 16 U.S.C. 460l-6a; 16 U.S.C. 670j; 16 
U.S.C. 1246(i); 16 U.S.C. 1338; 18 U.S.C. 1851-1861; 18 U.S.C. 3551 et 
seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061, 1063; 43 U.S.C. 1733.

    Source:  45 FR 31276, May 12, 1980, unless otherwise noted.



                 Subpart 9260--Law Enforcement, General



Sec. 9260.0-1  Purpose.

    This part establishes a single regulatory section in title 43 where 
the law enforcement provisions of all the various public land use 
regulations can be found.



Sec. 9260.0-2  Objective.

    To provide in a single part a compilation of all criminal violations 
relating to public lands that appear throughout title 43 of the Code of 
Federal Regulations.



Sec. 9260.0-3  Authority.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733), the Secretary of the Interior is authorized to 
issue regulations with respect to the management, use, and protection of 
the public lands, including property located thereon, the violation of 
which is punishable as a criminal offense. Section 303(c) of the Act 
authorizes the Secretary to enter into contracts with appropriate local 
officials having law enforcement authority and to authorize Federal 
personnel to carry out the enforcement of Federal laws and regulations 
relating to the public lands and their resources. Section 303(d) of the 
Act authorizes the Secretary to enter into cooperative agreements with 
State and local regulatory and law enforcement officials for the 
enforcement of State laws and local ordinances on the public lands. In 
addition to general authority under FLPMA, other specific authorities 
are noted where applicable.



Secs. 9260.0-4  9260.0-6  [Reserved]



Sec. 9260.0-7  Penalties.

    Any person violating any provision of part 9260 of this title shall 
be subject to the specific penalties as noted under this part.



              Subpart 9261--General Management  [Reserved]



                 Subpart 9262--Land Resource Management



Sec. 9262.0  Authority.

    43 U.S.C. 1732, 1733, 1740, 1761-1771.
[54 FR 25855, June 20, 1989]



Sec. 9262.1  Penalties for unauthorized use, occupancy, or development of public lands.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)) any person who knowingly and willfully 
violates the provisions of Secs. 2801.3(a), 2812.1-3, 2881.3, or 2920.1-
2(a) of this title, by using public lands without the requisite 
authorization, may be tried before a United States magistrate and fined 
no more than $1,000 or imprisoned for no more than 12 months, or both.
[54 FR 25855, June 20, 1989]

[[Page 973]]



              Subpart 9263--Minerals Management--[Reserved]



                     Subpart 9264--Range Management



Sec. 9264.0-3  Authority.

    (a) The provisions of this subpart are issued under section 303(a) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and section 2 of the Taylor Grazing Act of 1934 (43 U.S.C. 315 et 
seq.).
    (b) The provisions of Sec. 9264.7 of this title are issued under 
section 8 of the Wild Free-Roaming Horse and Burro Act of 1971 (16 
U.S.C. 1331 et seq.).



Sec. 9264.1  Grazing administration--exclusive of Alaska.

    Persons performing the following prohibited acts on public and other 
lands under Bureau of Land Management control may be subject to criminal 
penalties under Sec. 9264.1(k) of this title:
    (a) Allowing livestock or other privately owned or controlled 
animals to graze on or be driven across those lands without a permit or 
lease or in violation of the terms and conditions of a permit or lease, 
either by exceeding the number of livestock authorized, or by allowing 
livestock to be on these lands in an area or at a time different from 
that designated;
    (b) Installing, using, maintaining, modifying, and/or removing range 
improvements without authorization;
    (c) Cutting, burning, spraying, destroying, or removing vegetation 
without authorization;
    (d) Damaging or removing United States property without 
authorization;
    (e) Molesting livestock authorized to graze on these lands;
    (f) Littering;
    (g) Violating any provision of 43 CFR part 4700 concerning the 
protection and management of wild free-roaming horses and burros;
    (h) Violating any Federal or State laws or regulations concerning 
conservation or protection of natural and cultural resources or the 
environment including, but not limited to, those relating to air and 
water quality, protection of fish and wildlife, plants, and the use of 
chemical toxicants;
    (i) Interfering with lawful uses or users;
    (j) Knowingly or willfully making a false statement or 
representation in base property certification, grazing applications, 
and/or amendments thereto;
    (k) Penalties. (1) Under section 2 of the Taylor Grazing Act of 1934 
(43 U.S.C. 315 et seq.), any person who willfully violates the 
provisions of Sec. 9264.1 of this title or of approved special rules and 
regulations is punishable by a fine of not more than $500.
    (2) Under section 303(a) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.), any person who knowingly and 
willfully violates the provisions of Sec. 9264.1 of this title or of 
approved special rules and regulations may be brought before a 
designated United States magistrate and is punishable by a fine of not 
more than $1,000 or imprisonment for no more than 12 months, or both.
[45 FR 31276, May 12, 1980, as amended at 47 FR 41713, Sept. 21, 1982]



Sec. 9264.2  Grazing administration--Alaska; livestock. [Reserved]



Sec. 9264.3  Grazing administration--Alaska; reindeer. [Reserved]



Sec. 9264.7  Wild free-roaming horse and burro protection, management, and control.

    (a) Prohibited acts. In accordance with section 8 of the Wild Free-
Roaming Horse and Burro Act (16 U.S.C. 1338), any person who:
    (1) Willfully removes or attempts to remove a wild free-roaming 
horse or burro from the public lands, without authority from the 
authorized officer, or
    (2) Converts a wild free-roaming horse or burro to private use, 
without authority from the authorized officer, or
    (3) Maliciously causes the death or harassment of any wild free-
roaming horse or burro, or
    (4) Processes, or permits to be processed, into commercial products 
the remains of a wild free-roaming horse or burro, or
    (5) Sells, directly or indirectly, a wild free-roaming horse or 
burro, or the remains thereof, which have not lost their status as a 
wild free-roaming horse of burro, or

[[Page 974]]

    (6) Uses a wild free-roaming horse or burro for commercial 
exploitation, or
    (7) Causes or is responsible for the inhumane treatment of a wild 
free-roaming horse or burro, or
    (8) Uses a wild free-roaming horse or burro for bucking stock, or
    (9) Fails, upon written notice, to produce for inspection by an 
authorized officer those animals assigned to him for private maintenance 
under a cooperative agreement, or
    (10) Fails to notify the authorized officer of the death of a wild 
free-roaming horse or burro within 7 days of death pursuant to 
Sec. 4740.4-2(f) of this title, or
    (11) Removes or attempts to remove, alters or destroys any official 
mark identifying a wild horse or burro, or its remains, or
    (12) Being the assignee of a wild free-roaming horse or burro, or 
having charge or custody of the animal, abandons the animal without 
making arrangements for necessary food, water and shelter, or
    (13) Being the assignee of a wild free-roaming horse or burro, or 
having charge or custody of the animal, fails to diligently pursue in an 
attempt to capture the escaped animal, or
    (14) Accepts for slaughter or destruction a horse or burro bearing 
an official Bureau of Land Management identification mark, and which is 
not accompanied by a certificate that title to the animal has been 
transferred, or
    (15) After acceptance of an animal for slaughter or destruction, 
fails to retain for one year the certificate of title to a horse or 
burro bearing an official Bureau of Land Management identification mark, 
or
    (16) Willfully violates any provisions of the regulations under 
Sec. 9264.7 of this title shall be subject to a fine of not more than 
$2,000 or imprisonment for not more than 1 year, or both. Any person so 
charged with such violation by the authorized officer may be tried and 
sentenced by a U.S. Commissioner or magistrate, designated for that 
purpose by the court by which he/she was appointed, in the same manner 
and subject to the same conditions as provided in section 3401, title 
18, U.S.C.



     Subpart 9265--Timber and Other Vegetative Resources Management



Sec. 9265.0-3  Authority.

    The provisions of Sec. 9265.5 of this title are issued under 
sections 1852 and 1853 of title 18 U.S.C., and section 1733 of title 43 
U.S.C., unless otherwise specified.
[45 FR 31276, May 12, 1980, as amended at 60 FR 50451, Sept. 29, 1995]



Sec. 9265.4  Sales of forest products, general.

    Commission of any of the acts listed in Sec. 5462.2 of this title is 
a violation of Federal regulations and may subject the responsible 
person(s) to criminal penalties under titles 18 and 43 of the United 
States Code.
[60 FR 50451, Sept. 29, 1995]



Sec. 9265.5  Non-sale disposals, general.

    Commission of any of the acts listed in Sec. 5511.4 of this title is 
a violation of Federal regulations and may subject the responsible 
person(s) to criminal penalties under titles 18 and 43 U.S.C.
[60 FR 50451, Sept. 29, 1995]



Sec. 9265.6  Penalties.

    (a) Sales administration. Under section 303(a) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a)), any individual 
who knowingly and willfully commits the prohibited acts under 
Sec. 5462.2(b) of this title is subject to arrest and trial by the 
United States Magistrate and, if convicted, shall be subject to a fine 
of not more than $100,000 in accordance with the applicable provisions 
of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or 
imprisonment not to exceed 12 months, or both, for each offense, and any 
organization that commits these prohibited acts is subject to arrest and 
trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $200,000, or not more than $500,000 
if commission of the prohibited acts results in death.

[[Page 975]]

    (b) Free use of timber. (1) Under section 303(a) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a), any individual who 
knowingly and willfully commits the prohibited acts under 5511.4(b) of 
this title is subject to arrest and trial by the United States 
Magistrate and, if convicted, shall be subject to a fine of not more 
than $100,000, or not more than $250,000 if commission of the prohibited 
acts results in death, in accordance with the applicable provisions of 
the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or 
imprisonment not to exceed 12 months, or both, for each offense, and any 
organization that commits these prohibited acts is subject to arrest and 
trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $200,000, or not more than $500,000 
if commission of the prohibited acts results in death.
    (2) Exceptions for mining and agriculture. This section shall not 
prevent any miner or agriculturist from clearing his land in the 
ordinary working of his mining claim, or in the preparation of his farm 
for tillage, or from taking the timber necessary to support his 
improvements, or the taking of timber for the use of the United States; 
or take away any right or privilege under any existing law of the United 
States to cut or remove timber from any public lands. Use or taking of 
timber for these exceptions is subject to the regulations provided in 
part 2920--Leases, Permits and Easements, part 3715--Use and Occupancy 
of Mining Claims, subpart 3802--Exploration and Mining, Wilderness 
Review Program, and/or subpart 3809--Surface Management.
    (c) Timber removed or transported. Under 18 U.S.C. 1852, any person:
    (1) Who unlawfully cuts, or wantonly destroys, any timber growing on 
the public lands of the United States;
    (2) Who unlawfully removes any timber from said public lands, with 
intent to export or dispose of the same; or
    (3) Who, being the owner, master, pilot, operator, or consignee of 
any vessel, motor vehicle, or aircraft or the owner, director, or agent 
of any railroad, knowingly transports any timber unlawfully cut or 
removed from said lands, or lumber manufactured therefrom; shall be 
subject to arrest and trial by the United States Magistrate and, if 
convicted, shall be subject to a fine of not more than $100,000, or not 
more than $250,000 if commission of the prohibited acts results in 
death, in accordance with the applicable provisions of the Sentencing 
Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to 
exceed 12 months, or both, for each offense, and any organization that 
commits these prohibited acts is subject to arrest and trial by the 
United States Magistrate and, if convicted, shall be subject to a fine 
of not more than $200,000, or not more than $500,000 if commission of 
the prohibited acts results in death.
    (d) Trees cut or injured. Under 18 U.S.C. 1853, whoever unlawfully 
cuts, or wantonly injures or destroys any tree growing, standing, or 
being upon any land of the United States which, in pursuance of law, has 
been reserved or purchased by the United States for any public use, or 
upon any Indian reservation, or lands belonging to or occupied by any 
tribe of Indians under the authority of the United States, or any Indian 
allotment while the title to the same shall be held in trust by the 
Government, or while the same shall remain inalienable by the allottee 
without the consent of the United States, shall be subject to arrest and 
trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $100,000 in accordance with the 
Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment 
not to exceed 12 months, or both, for each offense, and any organization 
that commits these prohibited acts is subject to arrest and trial by the 
United States Magistrate and, if convicted, shall be subject to a fine 
of not more than $200,000.
[60 FR 50451, Sept. 29, 1995]



                    Subpart 9266--Wildlife Management



Sec. 9266.0-3  Authority.

    The provisions of this subpart are issued under section 5 of the 
Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 1334).

[[Page 976]]



Sec. 9266.4  Viable coral communities.

    (a) Requirement for a permit. No person shall engage in any 
operation which directly causes damage or injury to a viable coral 
community that is located on the Outer Continental Shelf without having 
obtained a permit for said operations.
    (b) Penalty. Any person who knowingly and willingly violates the 
regulations of Sec. 9266.4 of this title shall be guilty of a 
misdemeanor and punishable by a fine of not more than $2,000 or 
imprisonment for not more than 6 months or by both such fine and 
imprisonment. Each day of violation shall be deemed a separate offense.



               Subpart 9267--Water Management  [Reserved]



                    Subpart 9268--Recreation Programs



Sec. 9268.0-3  Authority.

    The provisions of this subpart are issued under section 303(a) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733), and 
other authorities where specifically noted.



Sec. 9268.1  Cultural resource management. [Reserved]



Sec. 9268.2  Natural history resource management procedures. [Reserved]



Sec. 9268.3  Recreation management--procedures.

    (a) Off-road vehicles, use of public lands--(1) Applicability. The 
regulations in this subpart apply to all public lands, roads and trails 
under administration of the Bureau of Land Management.
    (2) Conditions of use--regulations governing use. (i) The operation 
of off-road vehicles is permitted on those areas and trails designated 
as open to off-road vehicle use.
    (ii) Any person operating an off-road vehicle on those areas and 
trails designated as limited shall conform to all terms and conditions 
of the applicable designation orders.
    (iii) The operation of off-road vehicles is prohibited on those 
areas and trails closed to off-road vehicle use.
    (iv) It is prohibited to operate an off-road vehicle in violation of 
State laws and regulations relating to use, standards, registration, 
operation, and inspection of off-road vehicles. To the extent that State 
laws and regulations do not exist or are less stringent than the 
regulations in part 8340 of this title, the regulations in this part are 
minimum standards and are controlling.
    (v) No person may operate an off-road vehicle on public lands 
without a valid State operator's license or learner's permit. Exceptions 
are:
    (A) A person under the direct supervision of an individual 18 years 
of age or older who has a valid operator's license and who is 
responsible for the acts of the person supervised.
    (B) A person certified by State government as competent to drive 
off-road vehicles after successfully completing a State approved 
operator's training program.
    (C) Operation of an off-road vehicle in areas of Alaska designated 
by the Bureau's State Director for Alaska.
    (vi) Any person supervising a nonlicensed driver shall be 
responsible for the operation of the vehicle and shall be responsible 
for the actions of the driver.
    (vii) No person shall operate an off-road vehicle on public lands:
    (A) In a reckless, careless, or negligent manner;
    (B) In excess of established speed limits;
    (C) While under the influence of alcohol, narcotics, or dangerous 
drugs;
    (D) In a manner causing, or likely to cause significant, undue 
damage to or disturbance of the soil, wildlife, wildlife habitat, 
improvements, cultural, or vegetative resources or other authorized uses 
of the public lands; and
    (E) During night hours, from a half-hour after sunset to a half-hour 
before sunrise, without lighted headlights and taillights.
    (viii) Drivers of off-road vehicles shall yield the right-of-way to 
pedestrians, saddle horses, pack trains, and animal-drawn vehicles.
    (ix) Any person who operates an off-road vehicle on public lands 
must comply with the regulations in part 8340 and Sec. 8341.2 of this 
title as applicable,

[[Page 977]]

while operating such vehicle on public lands.
    (3) Vehicle operations--standards. (i) No off-road vehicle may be 
operated on public lands unless equipped with brakes in good working 
condition.
    (ii) No off-road vehicle equipped with a muffler cutout, bypass, or 
similar device, or producing excessive noise exceeding Environmental 
Protection Agency standards, when established, may be operated on public 
lands.
    (iii) By posting appropriate signs or by marking a map which shall 
be available for public inspection at local Bureau offices, the 
authorized officer may indicate those public lands upon which no off-
road vehicle may be operated unless equipped with a properly installed 
spark arrester. The spark arrester must meet either the U.S. Department 
of Agriculture--Forest Service Standard 5100-1a, or the 80 percent 
efficiency level standard when determined by the appropriate Society of 
Automotive Engineers (SAE) Recommended Practices J335 or J350. These 
standards include, among others, the requirements that:
    (A) The spark arrester shall have an efficiency to retain or destroy 
at least 80 percent of carbon particles for all flow rates, and
    (B) The spark arrester has been warranted by its manufacturer as 
meeting this efficiency requirement for at least 1,000 hours subject to 
normal use, with maintenance and mounting in accordance with the 
manufacturer's recommendation. A spark arrester is not required when an 
off-road vehicle is being operated in an area which has 3 or more inches 
of snow on the ground.
    (iv) Vehicles operating during night hours, from a half-hour after 
sunset to a half-hour before sunrise, shall comply with the following:
    (A) Headlights shall be of sufficient power to illuminate an object 
at 300 feet at night under normal, clear atmospheric conditions. Two- or 
three-wheeled vehicles or single-tracked vehicles will have a minimum of 
one headlight. Vehicles having four or more wheels or more than a single 
track will have a minimum of two headlights, except double tracked 
snowmachines with a maximum capacity of two people may have only one 
headlight.
    (B) Red taillights, capable of being seen at a distance of 500 feet 
from the rear at night under normal, clear atmospheric conditions, are 
required on vehicles in the same numbers as headlights.
    (4) Penalties. Any person who violates or fails to comply with the 
regulations of Sec. 9268.3 of this title is subject to arrest, 
conviction, and punishment pursuant to appropriate laws and regulations. 
Such punishment may be a fine of not more than $1,000 or imprisonment 
for not longer than 12 months, or both.
    (b) Management areas. [Reserved]
    (c) Operations--Rules of conduct--(1) Developed sites and areas. The 
following rules are adopted to protect public property and to conserve 
the resources in developed recreation sites for public use and 
enjoyment. The user shall not:
    (i) Intentionally or wantonly destroy, deface or remove any natural 
feature or plant;
    (ii) Intentionally or wantonly destroy, injure, deface, remove, or 
disturb in any manner any public building, sign, equipment, marker, or 
other structure or property.
    (2) Undeveloped sites and areas--prohibited activities. In the use 
of lands for public outdoor recreation purposes, no one shall:
    (i) Intentionally or wantonly destroy, deface, injure, sign, remove 
or disturb any public building, sign, equipment, marker, or other public 
property;
    (ii) Harvest or remove any vegetative or mineral resources or object 
of antiquity, historic, or scientific interest unless such removal is in 
accordance with part 3 or Sec. 8363.2-1 of this title, or is otherwise 
authorized by law;
    (iii) Appropriate, mutilate, deface, or destroy any natural feature, 
object of natural beauty, antiquity, or other public or private 
property;
    (iv) Dig, remove, or destroy any tree or shrub;
    (v) Gather or collect renewable or nonrenewable resources for the 
purpose of sale or barter unless specifically permitted or authorized by 
law;
    (vi) Drive or operate motorized vehicles or otherwise conduct 
himself in a manner that may result in unnecessary frightening or 
chasing of people or domestic livestock and wildlife;

[[Page 978]]

    (vii) Use motorized mechanical devices or explosives for digging, 
scraping, or trenching for purposes of collecting.
    (3) Penalties. Any person who knowingly and willfully violates any 
rule of conduct described in Sec. 9268.3(c) (1) and (2) of this title 
shall be fined not more than $1,000 or imprisoned for not more than 12 
months, or both.
    (d) Operations--closures--(1) Closure of lands. In the management of 
lands to protect the public and assure proper resource utilization, 
conservation, and protection, public use and travel may be temporarily 
restricted. For instance, areas may be closed during a period of high 
fire danger or unsafe conditions, or where use will interfere with or 
delay mineral development, timber and livestock operations, or other 
authorized use of the lands. Areas may also be closed temporarily to:
    (i) Protect the public health and safety;
    (ii) Prevent excessive erosion;
    (iii) Prevent unnecessary destruction of plant life and wildlife 
habitat;
    (iv) Protect the natural environment;
    (v) Preserve areas having cultural or historical value; or
    (vi) Protect scientific studies or preserve scientific values.
    (2) Penalties. Any person who knowingly and willfully violates any 
closure order issued under Sec. 9268.3(c)(2) of this title shall be 
fined not more than $1,000 or imprisoned for not more than 12 months, or 
both.
    (e) Use authorization--(1) Rules for visitor uses, other than on 
developed recreation sites--enforcement. Failure to pay any fee or 
failure to obtain a permit required by subpart 8372 of this title or 
operating with a suspended permit shall be punishable pursuant to the 
Federal Land Policy and Management Act of 1976, the Land and Water 
Conservation Fund Act, as amended, the Wild and Scenic Rivers Act, the 
National Trails Act, the Sikes Act, and other laws when applicable [see 
Sec. 9268.3(e)(2)].
    (2) Penalties. (i) Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733) provides: any person who 
knowingly and willfully violates any such regulation which is lawfully 
issued under this Act shall be fined no more than $1,000 or imprisoned 
no more than twelve months, or both. Any person charged with a violation 
of such regulation may be tried and sentenced by any United States 
magistrate designated for that purpose by the court by which he was 
appointed, in the same manner and subject to the same conditions and 
limitations as provided for in section 3401 of Title 18 of the United 
States Code.
    (ii) Section 2, Land and Water Conservation Fund Act of 1964 (16 
U.S.C. 460l-6a), provides that any person violating the rules and 
regulations issued under section 4601-6e of title 16 U.S.C. shall be 
punishable by a fine of not more than $100.

Any person so arrested may be tried and sentenced by any United States 
magistrate specifically designated for that purpose by the court by 
which he was appointed, in the same manner and subject to the same 
conditions as provided for in title 18 U.S.C., section 3401, subsections 
(b), (c), (d), and (e), as amended.
    (iii) Section 204(a) of the Sikes Act of 1974 (16 U.S.C. 670g-n), 
provides that:
    (A) Any person who hunts, traps, or fishes on any public land which 
is subject to a conservation and rehabilitation program implemented 
under this Act without having on his person a valid public land 
management area stamp, if the possession of such a stamp is required, 
shall be fined not more than $1,000, or imprisoned for not more than 6 
months, or both.
    (B) Any person who knowingly violates or fails to comply with any 
regulations prescribed under section 670h(c)(5) of title 16 U.S.C. shall 
be fined not more than $500, or imprisoned not more than six months, or 
both.
    (iv) Section 7 of the National Trails Act of 1968 (16 U.S.C. 1241-
1249), provides: Any person who violates such regulations issued under 
section 1246 (i) of title 16 U.S.C., and deemed necessary by the 
Secretary of the Interior, shall be guilty of a misdemeanor, and may be 
punished by a fine of not more than $500, or by imprisonment not 
exceeding

[[Page 979]]

6 months, or by both such fine and imprisonment.
[45 FR 31276, May 12, 1980, as amended at 46 FR 46810, Sept. 22, 1981]



Sec. 9268.4  Visual resource management. [Reserved]



Sec. 9268.5  Wilderness management. [Reserved]



Sec. 9268.6  Environmental education and protection. [Reserved]



                    Subpart 9269--Technical Services



Sec. 9269.0-3  Authority.

    (a) The provisions of this subpart are issued under the authority of 
R.S. 2478; 43 U.S.C. 1201.
    (b) In addition to liability for trespass on the public lands, as 
indicated in parts 9230 and 9260 of this title, persons responsible for 
such trespass may be prosecuted criminally under any applicable Federal 
law. Penalties are prescribed by the following statutes:
    (1) Timber trespass. 18 U.S.C. 1852, 1953.
    (2) Turpentine trespass. 18 U.S.C. 1854.
    (3) Coal trespass. 18 U.S.C. 1851, 30 U.S.C. 201(b)(4).



Sec. 9269.3  Criminal trespass.



Sec. 9269.3-1  General management. [Reserved]



Sec. 9269.3-2  Land resource management. [Reserved]



Sec. 9269.3-3  Minerals management.

    (a) Oil and gas leasing. [Reserved]
    (b) Geothermal resources leasing. [Reserved]
    (c) Outer continental shelf leasing. [Reserved]
    (d) Coal management--(1) Trespass. Mining operations conducted prior 
to the effective date of a lease shall constitute an act of trespass and 
be subject to penalties specified in Sec. 9239.5 of this title.
    (2) Penalty for unauthorized exploration for coal. (i) Any person 
who willfully conducts coal exploration for commercial purposes without 
an exploration license issued under subpart 3410 of this title shall be 
subject to a fine of not more than $1,000 for each day of violation.
    (ii) All data collected by said person on any Federal lands as a 
result of such violations shall immediately be made available to the 
Secretary, who shall make the data available to the public as soon as 
possible.
    (iii) No penalty under this section may be assessed unless such 
person is given notice and opportunity for a hearing with respect to 
such violation pursuant to part 4 of this title.
    (e) Minerals other than oil, gas and coal. [Reserved]
    (f) Minerals materials disposal. [Reserved]
    (g) Multiple use mining. [Reserved]
    (h) Mining claims under the general mining laws. [Reserved]



Sec. 9269.3-4  Range management.

    (a) Grazing administration--exclusive of Alaska--(1) Unlawful 
enclosures or occupancy. Section 1 of the Act of February 25, 1885 (43 
U.S.C. 1061), declares any enclosure of public lands made or maintained 
by any party, association, or corporation who ``had no claim or color of 
title made or acquired in good faith, or an asserted right thereto, by 
or under claim, made in good faith with a view to entry thereof at the 
proper land office under the general laws of the United States at the 
time any such enclosure was or shall be made'' to be unlawful and 
prohibts the maintenance or erection thereof. (See Sec. 9269.3-4(a)(2) 
of this title).
    (2) Penalties. Under section 4 of the Act of February 25, 1885 (43 
U.S.C. 1064), any person violating any of the provisions of this Act, 
whether as owner, part owner, or agent, or who shall aid, abet, counsel, 
advise, or assist in any violation hereof, shall be deemed guilty of a 
misdemeanor and fined a sum not exceeding $1,000, or be imprisoned not 
exceeding one year, or both, for each offense.
    (b) Grazing administration; Alaska; livestock. (1) Grazing livestock 
upon, allowing livestock to drift and graze on, or driving livestock 
across lands that are subject to lease or permit under the provisions of 
part 9230 of this title or within a stock driveway, without a lease or 
other authorization from the

[[Page 980]]

Bureau of Land Management, is prohibited and constitutes trespass. 
Trespassers will be liable in damages to the United States for forage 
consumed and for injury to Federal property, and may be subject to 
criminal prosecution for such unlawful acts. A lessee who grazes 
livestock in violation of the terms and conditions of his lease by 
exceeding numbers specified, or by allowing the livestock to be on 
Federal land in an area or at a time different from that designated in 
his lease shall be in default and shall be subject to the provisions of 
Sec. 4220.7 (g) and (h) of this title.
    (2) Penalties. Under section 2 of the Taylor Grazing Act, any person 
who willfully grazes livestock in such areas without such authority 
shall, upon conviction, be punished by a fine of not more than $500.
    (c) Grazing administration; Alaska; reindeer. (1) Any use of the 
Federal lands for reindeer grazing purposes, unless authorized by a 
valid permit issued in accordance with the regulations in part 4300 of 
this title, is unlawful and is prohibited.
    (2) Penalties. Any person who willfully violates any of the rules 
and regulations in part 4300 of this title shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punishable by 
imprisonment for not more than one year, or by a fine of not more than 
$500.
    (d) Wild free-roaming horse and burro protection, management, and 
control. [Reserved]



Sec. 9269.3-5  Timber management.

    (a) Sales of forest products; general. [Reserved]
    (b) Non-sale disposals; general--(1) Unauthorized cutting of timber-
mineral and non-mineral lands. (i) The cutting or removing of the timber 
referred to in Secs. 5511.1 to 5511.1-4 of this title in any other 
manner than that authorized by such sections will be considered a 
trespass.
    (ii) The cutting of timber for sale and speculation, or for use by 
others than the permittee, is strictly prohibited.
    (iii) Where permits are secured by fraud or timber is not used in 
accordance with Sec. 5511.1-4 of this title, the Government will enforce 
the same civil and criminal liabilities as in other cases of timber 
trespass upon public lands.
    (2) Unauthorized cutting of timber--Alaska. The cutting of the 
timber from the public land in Alaska, other than in accordance with the 
terms of the law and Secs. 5511.2 to 5511.2-6 of this title shall render 
the persons responsible for trespass and such persons may be prosecuted 
criminally under title 18 U.S.C., (see Sec. 9265.5(d) of this title), or 
under State law.

[[Page 981]]



  CHAPTER III--UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION




  --------------------------------------------------------------------
Part                                                                Page

10000           Organization and functions..................         982
10005           Policies and procedures for developing and 
                    implementing the Commission's mitigation 
                    and conservation plan...................         984
10010           Policies and procedures for implementing the 
                    National Enviromental Policy Act........        1007

[[Page 982]]



PART 10000--ORGANIZATION AND FUNCTIONS--Table of Contents




Sec.
10000.1  Purpose.
10000.2  Authority.
10000.3  Definitions.
10000.4  Objective.
10000.5  Mission statement.
10000.6  Organization and functions.
10000.7  Place of business; service of process.

    Authority:  5 U.S.C. 551 et seq.; 43 U.S.C. 620k(note); Sec. 
301(g)(3)(A) of Pub. L. 102-575, 106 Stat. 4600, 4625.

    Source:  60 FR 49446, Sept. 25, 1995, unless otherwise noted.



Sec. 10000.1  Purpose.

    This part describes the general organization of the agency and the 
major functions of the operating units established within it.



Sec. 10000.2  Authority.

    This part is issued under the authority of 5 U.S.C. 552 and section 
301(g)(3)(A) of the Central Utah Project Completion Act (Public Law 102-
575, 106 Stat. 4600, 4625, October 30, 1992).



Sec. 10000.3  Definitions.

    Act refers to the Central Utah Project Completion Act, Titles II, 
III, IV, V, and VI of Public Law 102-575, October 30, 1992.



Sec. 10000.4  Objective.

    Section 301 of the Act established the Commission to coordinate the 
implementation of the mitigation and conservation provisions of the Act 
among Federal and State fish, wildlife, and recreation agencies in the 
State of Utah.



Sec. 10000.5  Mission statement.

    (a) The mission of the Utah Reclamation Mitigation and Conservation 
Commission is to formulate and implement the policies and objectives to 
accomplish the mitigation and conservation projects authorized in the 
Act in coordination with Federal and State fish, wildlife and recreation 
agencies and with local governmental entities and the general public.
    (b) In fulfillment of this mission, the Commission acknowledges and 
adopts the following Guiding Principles for the conduct of its 
responsibilities.
    (1) The Commission will conduct its activities in accordance with 
the mandate and spirit of the Act, including all other pertinent laws 
and regulations, and will emphasize and assure full public involvement.
    (2) The Commission recognizes the existing authorities of other 
Federal and State agencies for the management of fish, wildlife and 
recreation resources and habitats in the State, and pledges to cooperate 
with said agencies to the fullest extent possible.
    (3) The Commission is committed to raising the awareness and 
appreciation of fish and wildlife and their importance to the quality of 
life, as well as the fundamental and intrinsic right to coexistence as 
fellow species on our planet.
    (4) Whenever and wherever pertinent, the Commission will strive to 
implement projects in accordance with ecosystem-based management and 
principles.
    (5) The Commission will strive to implement projects which offer 
long-term benefits to fish, wildlife and recreation resources wherever 
and whenever pertinent.
    (6) The Commission is committed to operate in a cost-effective 
manner, minimize overhead and operating expenses so as to maximize funds 
available for projects, and encourage and seek out joint-venture funding 
and partnerships for projects.



Sec. 10000.6  Organization and functions.

    (a) The Commission is an executive branch agency independent from 
the Department of the Interior, except that the Department is the 
vehicle through which the Commission receives appropriated funds.
    (b) The five member Commission appointed by the President is the 
policy-making body for the agency and has the following duties and 
responsibilities:
    (1) Formulating the agency policies and objectives, and approving 
plans and projects, for implementation of the fish, wildlife, and 
recreation mitigation and conservation projects and features authorized 
in the Act;

[[Page 983]]

    (2) Reviewing and approving agency fiscal year budgets formulated 
and recommended by the Executive Director;
    (3) Conducting public meetings on agency plans, programs, and 
projects;
    (4) Representing the agency at Congressional hearings on annual 
agency appropriations or agency programs; and
    (5) Reviewing and approving plans for the appointment or acquisition 
by the Executive Director of such permanent, temporary, and intermittent 
personnel services as the Executive Director considers appropriate.
    (c)(1) The Executive Director is the chief executive officer of the 
agency and has, but is not limited to, the following duties and 
responsibilities:
    (i) Implementing the policies, plans, objectives, and projects 
adopted by the Commission for implementation of the fish, wildlife, and 
recreation mitigation and conservation projects and features authorized 
in the Act;
    (ii) Representing the Commission as directed and authorized, 
including serving as the liaison with Federal, State, and local 
government agencies and public interest groups, and providing for public 
notice and involvement and agency consultation with respect to 
Commission activities;
    (iii) Attending all meetings of the Commission and participating in 
its discussions and deliberations; making inquiries into and conducting 
investigations into all agency activities; examining all proposed 
projects, agreements, and contracts to which the agency may become a 
party; preparing technical and administrative reports, agency 
correspondence, and other documents and materials as required; notifying 
the Commission of any emergency that may arise within or affect the 
agency; and keeping the Commission fully informed on all important 
aspects of the agency's administration and management;
    (iv) Appointing agency staff in accordance with the staffing plan 
approved by the Commission and in accordance with the Federal personnel 
rules and regulations applicable under the Act, including: Appointing 
and managing qualified staff capable of carrying out assigned 
responsibilities; establishing compensation and standards, 
qualifications, and procedures for agency personnel; procuring temporary 
and intermittent personnel services as necessary and as are within the 
annual budget approved by the Commission; terminating personnel; 
ensuring compliance with Federal Safety Program and prescribed health 
and safety standards; and giving positive direction in accomplishing 
equal employment opportunity commitments for fair selection, 
encouragement, and recognition of employees;
    (v) Formulating the agency budget and cost estimates to support 
agency plans, programs, and activities, and providing such budget 
recommendations and estimates to the Commission;
    (vi) Executing, administering, and monitoring contracts, cooperative 
agreements, and such other documents as are necessary to implement 
mitigation and conservation projects approved by the Commission through 
the execution of Memoranda of Agreements, motions, or other official 
actions, including approving, administering, and monitoring expenditures 
of funds and other actions taken pursuant to such contracts, cooperative 
agreements, and other such documents;
    (vii) Monitoring, measuring, and reporting to the Commission 
progress in carrying out mitigation and conservation plans and projects;
    (viii) Directing the day-to-day administration of the agency, 
including:
    (A) Approving expenditures and executing contracts and leases for 
the acquisition of property or services as are necessary for the 
administration of the agency, provided such expenditures are within the 
agency's annual appropriations and the annual budget as approved by the 
Commission, and provided further that the Executive Director shall 
consult with the Commission prior to the approval of any such 
expenditure in excess of $25,000;
    (B) Enforcing, observing, and administering all laws, rules, 
regulations, leases, permits, contracts, licenses and privileges 
applicable to or enforceable by the agency; consulting with and advising 
agency employees; designating, in the absence of the Executive Director, 
a qualified agency employee to direct agency activities and to make such 
decisions as are required during

[[Page 984]]

such absence; delegating responsibility to agency personnel as in the 
judgment of the Executive Director will benefit agency operations and 
functions; and
    (C) Managing and maintaining agency office space, equipment, and 
facilities in a sound and efficient manner; establishing and maintaining 
agency files and archives; and preparing and maintaining an up-to-date 
inventory of all agency property; and
    (ix) Exercising the full power of the Commission in times of 
emergency until such time as the emergency ends or the Commission meets 
in formal session.
    (2) Except in emergency situations and when specifically delegated 
such responsibility by the Commission, the Executive Director has no 
authority to formulate mitigation and conservation policies and 
objectives or to approve or disapprove agency plans or projects, for 
implementation of the fish, wildlife, and recreation mitigation and 
conservation projects and features authorized in the Act.
    (d) The agency staff is organized into four functional areas:
    (1) Project Administration, through the Project Manager, responsible 
for development and management of mitigation and conservation projects;
    (2) Planning Administration, through the Planning Manager, 
responsible for development and coordination of mitigation and 
conservation plans and for environmental compliance in general;
    (3) Public Information, through the Public Information Officer, 
responsible for preparation of reports and documents and dissemination 
to the public of information regarding agency programs and projects; and
    (4) Administrative Services, through the Administrative Officer, 
responsible for administrative support services and office management.



Sec. 10000.7  Place of business; service of process.

    (a) The principle place of business and offices of the agency are 
located at 111 East Broadway, Suite 310, Salt Lake City, Utah 84111. All 
correspondence and requests for information or other materials should be 
submitted to the agency at this address.
    (b) The Executive Director is the agency official designated to 
accept service of process on behalf of the agency.



PART 10005--POLICIES AND PROCEDURES FOR DEVELOPING AND IMPLEMENTING THE COMMISSION'S MITIGATION AND CONSERVATION PLAN--Table of Contents




Sec.
10005.1  Purpose.
10005.2  Definitions.
10005.3  Policy.
10005.4  Planning rule authority.
10005.5  Directives from the Act relating to the plan.
10005.6  Responsibilities.
10005.7  Agency consultation and public involvement.
10005.8  Mitigation obligations.
10005.9  Relationship of the plan to congressional appropriations and 
          Commission expenditures.
10005.10  Relationship of the plan to the authorities and 
          responsibilities of other agencies.
10005.11  Environmental compliance.
10005.12  Policy regarding the scope of measures to be included in the 
          plan.
10005.13  Geographic and ecological context for the plan.
10005.14  Resource features applicable to the plan.
10005.15  Planning and management techniques applicable to the plan.
10005.16  Plan content.
10005.17  Plan development process.
10005.18  Project solicitation procedures.
10005.19  Decision factors.
10005.20  Project evaluation procedures.
10005.21  Amending the plan.

    Authority:  43 U.S.C. 620k(note); sec. 301(g)(3) (A) and (C) of Pub. 
L. 102-575, 106 Stat. 4600, 4625.

    Source:  60 FR 49448, Sept. 25, 1995, unless otherwise noted.



Sec. 10005.1  Purpose.

    The planning rule in this part establishes the Commission's policies 
regarding the mitigation and conservation plan required by the Central 
Utah Project Completion Act, Public Law 102- 575, 106 Stat. 4600, 4625, 
October 30, 1992. It defines the procedures that the Commission will 
follow in preparing and implementing the plan and provides information 
to other agencies and the public regarding how they might participate.

[[Page 985]]



Sec. 10005.2  Definitions.

    The Act refers to the Central Utah Project Completion Act, Titles 
II, III, IV, V, and VI of Public Law 102-575, October 30, 1992.
    Applicant refers to an agency, organization, or individual providing 
formal recommendations to the Commission regarding projects to be 
considered for inclusion in the Commission's plan.
    Commission means the Utah Reclamation Mitigation and Conservation 
Commission, as established by section 301 of the Act.
    Interested parties refers to Federal and State agencies, Indian 
tribes, non-profit organizations, county and municipal governments, 
special districts, and members of the general public with an interest in 
the Commission's plan and plan development activities.
    Other applicable Federal laws refers to all Federal acts and agency 
regulations that have a bearing on how the Commission conducts its 
business, with specific reference to the Fish and Wildlife Coordination 
Act of 1934, as amended (16 U.S.C. 661 et seq.); the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); 
and the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.).
    Plan and five-year plan refer to the Commission's mitigation and 
conservation plan as required by section 301 of the Act.
    Planning rule refers to this part, which is a component of the 
Commission's administrative rules and which provides guidance for the 
development, and implementation, of the Commission's plan.
    Section 8 funds refers to the section of the Colorado River Storage 
Project Act that provides for congressionally authorized funds to be 
used in mitigating the effects of the Colorado River Storage Project on 
fish, wildlife, and related recreation resources.



Sec. 10005.3  Policy.

    (a) As directed in section 301(a) of the Act, the Commission was 
established ``to coordinate the implementation of the mitigation and 
conservation provisions of this Act among the Federal and State fish, 
wildlife, and recreation agencies. The United States Senate Committee on 
Energy and Natural Resources report accompanying the Act provided 
further clarification of Congressional intent: ``Focusing of such 
authority into a single entity is intended to eliminate past dispersion 
among several Federal and State resource management agencies of the 
responsibility, and therefore accountability, for reclamation mitigation 
in Utah.''
    (b) It is the policy of the Commission that the mitigation and 
conservation plan, in tandem with the Act, serve as the principal 
guidance for the Commission in fulfilling its mitigation and 
conservation responsibilities. Further, the Commission will use the 
development of the plan, and subsequent amendment processes, as the 
primary means to involve agencies and the public in the Commission's 
decision making process.



Sec. 10005.4  Planning rule authority.

    (a) The Commission is required to adopt administrative rules 
pursuant to the Administrative Procedures Act. The Commission adopts the 
rule in this part pursuant to that authority and to Section 301(g)(3)(A) 
and (C) of the Act, which provide for establishment of a rule to guide 
applicants in making recommendations to the Commission, and to ensure 
appropriate public involvement.
    (b) Adoption of the planning rule constitutes a policy decision on 
the part of the Commission and, as such, requires formal public 
notification and approval by the Commission according to established 
procedures. The planning rule is a component of the administrative rules 
of the Commission and has the authority accorded to such administrative 
rules, as described in the Administrative Procedures Act.



Sec. 10005.5  Directives from the Act relating to the plan.

    The basic directions for preparation of the plan are contained in 
Section 301 of the Act. Sections 304, 314, and 315 provide additional 
guidance. Provisions that hold particular relevance are identified 
below.
    (a) Primary authority. Section 301(f)(1) directs that the mitigation 
and conservation funds available under the Act are to be used to 
``conserve, mitigate,

[[Page 986]]

and enhance fish, wildlife, and recreation resources affected by the 
development and operation of Federal reclamation projects in the State 
of Utah,'' and, further, that these funds are to be administered in 
accordance with ``the mitigation and conservation schedule in Section 
315 of this Act, and if in existence, the applicable five-year plan.'' 
Section 301 further clarifies that Commission expenditures ``shall be in 
addition to, not in lieu of, other expenditures authorized or required 
from other entities under other agreements or provisions of law.''
    (b) Reallocation of funds. Section 301(f)(2) provides for the 
reallocation of Section 8 funds if the Commission determines ``after 
public involvement and agency consultation * * * that the benefits to 
fish, wildlife, or recreation will be better served by allocating such 
funds in a different manner.'' Such reallocation requires the approval 
of the U.S. Fish and Wildlife Service if funds are to be reallocated 
from fish and wildlife purposes to recreation purposes. The Commission's 
authority to depart from the mitigation and conservation schedule 
specified in Section 315 of the Act is reiterated in Section 301(h)(1).
    (c) Funding priority. Section 301(f)(3) directs that the Commission 
``shall annually provide funding on a priority basis for environmental 
mitigation measures adopted as a result of compliance with the National 
Environmental Policy Act of 1969 for project features constructed 
pursuant to titles II and III of this Act.''
    (d) Plan adoption and content. Section 301(g)(1) directs that the 
Commission adopt a plan ``for carrying out its duties'' and that the 
plan ``shall consist of the specific objectives and measures the 
Commission intends to administer * * * to implement the mitigation and 
conservation projects and features authorized in this Act.''
    (e) Recommendations. Section 301(g)(3)(A) directs that ``the 
Commission shall request in writing from the Federal and State fish, 
wildlife, recreation, and water management agencies, the appropriate 
Indian tribes, and county and municipal entities, and the public, 
recommendations for objectives and measures to implement the mitigation 
and conservation projects and features authorized in this Act or 
amendments thereto.''
    (f) Public involvement. Section 301(g)(3)(C) directs the Commission 
to provide for appropriate public involvement in the review of 
Commission documents produced subsequent to receiving recommendations.
    (g) Guidance on selecting measures. Section 301(g)(4) identifies the 
types of measures that are to be included in the plan, namely those that 
will--
    (1) Restore, maintain, or enhance the biological productivity and 
diversity of natural ecosystems within the State and have substantial 
potential for providing fish, wildlife, and recreation mitigation and 
conservation opportunities;
    (2) Be based on, and supported by, the best available scientific 
knowledge;
    (3) Utilize, where equally effective alternative means of achieving 
the same sound biological or recreational objectives exist, the 
alternative that will also provide public benefits through multiple 
resource uses;
    (4) Complement the existing and future activities of the Federal and 
State fish, wildlife, and recreation agencies and appropriate Indian 
tribes;
    (5) Utilize, when available, cooperative agreements and partnerships 
with private landowners and nonprofit conservation organizations; and
    (6) Be consistent with the legal rights of appropriate Indian 
tribes.
    (h) Definite plan report. Section 304 directs that mitigation 
commitments included in the 1988 draft Definite Plan Report for the 
Bonneville Unit of the Central Utah Project (DPR) which have not yet 
been completed are to be undertaken in accordance with that report and 
the schedule specified in Section 315 of the Act, unless otherwise 
provided for in the Act.
    (i) Implementation schedule. Section 315 identifies mitigation and 
conservation projects to be implemented and provides a schedule and 
budget for doing so. Details on select components of Section 315 may be 
found in Sections 302 through 313, excluding Section 304.

[[Page 987]]



Sec. 10005.6  Responsibilities.

    Responsibilities concerning implementation of this planning rule are 
assigned as follows:
    (a) Commission. The Commission is responsible for adopting this 
planning rule, including the project evaluation procedures contained 
herein. The Commission is also responsible for formal adoption of the 
final plan and, following this, approving, on a project by project 
basis, of agreements to implement the specific elements contained in the 
plan.
    (b) Executive Director and Commission staff. The Executive Director 
and Commission staff are responsible for preparing planning documents, 
including preliminary evaluation of projects, and for consultation with 
agencies and other interested parties regarding the various aspects of 
the planning process, in accordance with procedures set forth in this 
planning rule.
    (c) Department of Interior Solicitor. The Department of the 
Interior's Regional Solicitor acts as the agency's attorney-advisor and 
is responsible for advising the Commission on legal matters related to 
the planning rule, the plan, and the planning process as agreed upon 
between the Department and the Commission.
    (d) Secretary of the Interior's Representative to the Central Utah 
Project. The Secretary's Representative is responsible for monitoring 
the plan, and activities undertaken as components of the plan, with 
regard to their consistency with the Act and their compatibility with 
other activities required by the Act. The Secretary's Representative is 
also responsible for coordinating relevant activities of other agencies 
within the Department of the Interior and for coordinating the process 
by which Congressionally appropriated funds are made available for 
Commission mitigation and conservation activities.
    (e) Interested parties. Federal and State resource agencies, Indian 
tribes, and other interests are, should they choose to become involved, 
responsible for providing meaningful recommendations regarding potential 
projects, for coordinating the development of these recommendations with 
other appropriate agencies and organizations, and, as applicable, for 
participation in implementation of projects.



Sec. 10005.7  Agency consultation and public involvement.

    The Commission considers agency consultation and public involvement 
to be central components of the planning process. Interested parties 
will be given the opportunity to become involved at several stages in 
the plan development, process. The major opportunities are as follows:
    (a) Planning rule development. The initial opportunity for 
involvement occurs in the preparation of this planning rule, through 
providing written or oral comment to the Commission prior to adoption.
    (b) Project recommendations. The next opportunity is in the 
preparation of recommendations for projects to be included in the 
Commission's plan. The Commission will make a formal announcement that 
it is soliciting recommendations for potential projects. Interested 
parties will have ninety days within which to respond. Commission staff 
will, upon request and as dictated by work load, provide guidance and 
other assistance in the preparation of project recommendations. 
Interested parties are encouraged to work cooperatively with others in 
the preparation of joint recommendations. Commission staff will 
facilitate this as appropriate. Section 10005.18 provides additional 
direction on this. At the end of the ninety day period the Commission 
will make all recommendations received during that time available for 
public review. These will be available at the Commission office during 
normal business hours. Copies will also be provided to those requesting 
them at a reasonable charge.
    (c) Plan preparation. At the close of the ninety day project 
solicitation period, the Commission will proceed to prepare a draft 
plan. Several opportunities for agency consultation and public 
involvement will be provided during the preparation of the plan. One or 
more public briefings will be held during this period. Briefings will be 
announced in appropriate local and regional media. Work sessions may 
also

[[Page 988]]

be held, sponsored either by the Commission or jointly with other 
interested parties, to discuss individual projects or other topics of 
general interest. Interested parties may also request meetings with 
Commission staff to discuss specific projects or issues. The 
availability of staff for such meetings will be dictated by work load. 
During this time, interested parties may also attend, and participate 
in, Commission meetings where the various aspects of the plan are 
discussed. Written comments will also be accepted during the plan 
preparation period.
    (d) Review of draft plan. Following release of the draft plan, 
interested parties will be given thirty days within which to provide 
formal written comments. During this time, interested parties may 
request meetings with Commission staff to discuss aspects of the draft 
plan. The Commission will also receive comments on the draft plan at 
appropriate times during regularly scheduled Commission meetings. The 
Commission may, at its discretion, convene one or more public meetings 
to discuss issues related to the draft plan.
    (e) Final plan. The release of the final plan will be announced in 
the media and copies made available to the public. As warranted, the 
Commission may hold one or more meetings to brief interested parties on 
the final plan.
    (f) Amendments to the plan. The opportunities for agency 
consultation and public involvement described above will also be 
provided each time the Commission undertakes a comprehensive revision of 
the plan. In addition, the Commission will give appropriate public 
notice and grant an opportunity to comment at such times as the 
Commission is considering other, less comprehensive amendments. Section 
10005.21 provides additional information on how agencies and the public 
may become involved in the plan amendment process.



Sec. 10005.8  Mitigation obligations.

    While the Act authorizes the Commission to undertake a wide range of 
general planning and mitigation activities, it also specifies certain 
projects or groups of projects that the Commission is to implement. The 
Commission considers these obligations from the Act to be integral 
components of the mitigation and conservation plan and of the planning 
process used to develop this plan. From the perspective of the plan, two 
issues are germane. These are the extent to which these obligations must 
take priority over other projects, either in terms of funding or 
sequencing and the extent to which there is flexibility in the specific 
actions to be taken in fulfillment of these obligations. Through this 
planning rule and other means the Commission will ensure that interested 
parties are made aware of the implications of these obligations in order 
that they might use this information when participating in the 
development and implementation of the plan.
    (a) Description of mitigation obligations. Obligations principally 
derive from three portions of the Act: Title II, section 304, and 
section 315. Following is a description of the obligations contained in 
each.
    (1) Title II. Title II authorizes funding and provides guidance for 
completion of certain features of the Central Utah Project. It also 
provides for Commission involvement in several specific activities 
relating to Central Utah Project mitigation, including funding for 
specific Section 8 mitigation activities. In the future, additional 
Title II features will be implemented. These will be subject to 
environmental review through NEPA or other applicable Federal laws and 
will, in many instances, be coupled with mitigation measures. Section 
301(f)(3) of the Act directs that priority be given for funding of 
mitigation measures that are associated with Central Utah Project 
features identified in either Title II or III of the Act that have been, 
or will be, authorized through compliance with NEPA.
    (2) Section 304. This section directs that mitigation and 
conservation projects contained in the DPR be completed and that this be 
accomplished in accordance with the DPR and the schedule specified in 
section 315 of the Act. Several elements of the DPR have been either 
completed or initiated.
    (3) Section 315. This section identifies several mitigation and 
conservation projects that are to be implemented to

[[Page 989]]

enhance fish, wildlife, and recreation resources. It also identifies the 
funds that are to be authorized for each project. Initial phases of 
selected section 315 projects have already received Commission funding 
approval. Additional section 315 projects have undergone substantial 
review and detailed implementation plans have, in some cases, been 
prepared.
    (b) Commission policy on fulfilling obligations. As referenced in 
Sec. 10005.5, Section 301(f)(1) and (2) of the Act provides for re-
programming of Section 8 funds to other projects in accordance with the 
plan and/or following appropriate public involvement and agency 
consultation, and provided ``that the benefits to fish, wildlife, or 
recreation will be better served'' by doing so. The Commission 
interprets this as giving the Commission broad discretion to determine, 
with appropriate agency consultation and public involvement, whether to 
implement projects delineated in the above stated sections and, should 
the Commission choose to implement these, the form that this 
implementation will take.
    (1) This notwithstanding, the Commission recognizes that the 
projects referenced in Title II, Section 304, and Section 315 have, in 
most cases, undergone considerable planning as well as agency and public 
scrutiny. Their inclusion in the Act represents a consensus among 
Federal and state agencies, water developers, and the national and state 
environmental communities that these mitigation measures have merit. 
Further, NEPA proceedings have, in some instances, been completed.
    (2) Absent the plan, the Commission will rely on Title II, Section 
304, and Section 315 as the principal guidance in authorizing projects. 
Once adopted, the plan will become the principal form of guidance. In 
selecting projects for the plan, mitigation measures referenced in Title 
II, Section 304, and Section 315 will be given priority consideration. 
They will, however, be subjected to the same analysis as other proposed 
projects. Should these projects be found to not meet the Commission's 
standards for project approval, they will be rejected. Title II, Section 
304, and Section 315 projects that meet Commission standards will only 
be superseded in the plan if it can be demonstrated that the 
contributions to be made by other projects proposed through the project 
solicitation process significantly outweigh those of the aforementioned 
Title II, Section 304, and/or Section 315 projects.
    (3) Regardless, the Commission will retain flexibility regarding how 
Title II, Section 304, and Section 315 projects will be implemented. 
Interested parties may, if they choose, propose modifications or 
enhancements to these projects through the normal project solicitation 
process. The Commission will pay particular attention to proposals that 
will accomplish Title II, Section 304, or Section 315 measures at lower 
cost, thereby freeing up funds for heretofore unidentified projects.
    (4) The Commission is aware that future NEPA procedures related to 
the development of Title II features may result in the identification of 
additional impacts and mitigation measures. The Commission considers 
implementation of measures that result from a formal NEPA procedure to 
be non-discretionary. The Commission recognizes a commitment to 
implement such measures as are within its authority. Further, in 
accordance with Section 301(f)(3), the Commission is committed to giving 
these measures high priority. In order to ensure that such measures are 
consistent with the Commission's overall program, and can be implemented 
within budget, the Commission will take an active role in NEPA 
procedures that are likely to result in significant mitigation 
obligations for the Commission.
    (5) If the Commission chooses not to implement a mitigation measure 
or, for any reason be unable to implement a measure resulting from NEPA 
procedures, the Commission will conduct, or cause to have conducted, a 
supplemental environmental evaluation to determine suitable alternative 
mitigation measures. The Commission will implement the findings of that 
evaluation to the extent possible. The only exception will be when the 
Commission proposes to substitute an equivalent mitigation measure that 
meets with the approval of applicable Federal,

[[Page 990]]

State, or Tribal fish and wildlife agencies, the Secretary of the 
Interior, and other affected parties.
    (6) In order to assist agencies and other interested parties in 
understanding the scope of the obligations contained in Title II, 
Section 304, and Section 315, and others that may arise in the future, 
the Commission will, at the time it invites recommendations on measures 
to be included in the plan, prepare and distribute a list of projects 
that the Commission considers to be obligations as defined in this 
section.



Sec. 10005.9  Relationship of the plan to congressional appropriations and Commission expenditures.

    (a) The plan itself does not constitute a commitment of resources 
for any given project. The commitment to expend resources is dependent 
upon Congressional appropriation, and, following this, Commission 
approval of specific projects.
    (b) The Commission will rely on the plan as the primary source of 
information for the development of the agency's annual budget. For each 
fiscal year, projects identified in the plan will be arranged into a 
series of programs based on project type or ecological and geographical 
associations. These programs will serve as the basis for the agency's 
budget request.
    (c) Once the budget request is formulated and submitted to the 
Congress, the request may be altered or reformulated by the Congress 
before the appropriation statute is finally approved. The appropriation 
statute will then control the implementation of the plan. In light of 
the controlling nature of the appropriation statute over the 
implementation of the plan, the plan must maintain sufficient 
flexibility to allow adjustments to comply with appropriations. The 
amendment process described in Sec. 10005.21 provides the mechanism for 
modifying the plan to correspond to changes in Congressional 
appropriations. Changes to the annual project portfolio will, in most 
instances, constitute a ``substantive'' amendment as described in 
Sec. 10005.21.
    (d) Once appropriations have been approved by the Congress, the plan 
will serve as the principal guidance to the Commission in entering into 
agreements and approving the expenditure of funds for specific projects.



Sec. 10005.10  Relationship of the plan to the authorities and responsibilities of other agencies.

    Within Utah, several federal agencies, state agencies, and tribal 
governments have authorities and responsibilities related to the 
management of fish and wildlife resources, through management of the 
resource itself, through management of the land and water upon which 
fish and wildlife depend, or, in the case of Federal reclamation 
projects, through involvement in mitigation activities. The Act 
specifically recognizes the authority of other Federal and State 
agencies to take actions in accordance with other applicable laws. The 
guidance for this is provided by Section 301(a)(2), which states that 
``Nothing herein is intended to limit or restrict the authorities of 
Federal, State, or local governments, or political subdivisions thereof, 
to plan, develop, or implement mitigation, conservation, or enhancement 
of fish, wildlife, or recreation resources in the State in accordance 
with applicable provisions of Federal or State law.'' In preparing and 
implementing its plan, it is the Commission's intent to form a 
cooperative partnership with other agencies having fish, wildlife, and 
recreation responsibilities and authorities, both recognizing and 
relying upon their authorities. The Commission recognizes that these 
agencies may have specific legal obligations to take actions to maintain 
or restore fish, wildlife, or recreation resources that are independent 
of Commission mandates. While the Commission will, as appropriate, 
authorize the use of funds to complement the resource protection and 
restoration activities of these agencies, Commission involvement should 
not be viewed as a replacement for funding or other actions that are 
rightfully the responsibility of another agency.
    (a) Agencies with land management authority. The Commission 
recognizes that the Federal government, the State of Utah, and 
applicable Indian tribes each own and/or manage lands that are important 
to fish and wildlife resources

[[Page 991]]

and provide significant outdoor recreation opportunities. At the Federal 
level, the Forest Service manages National Forest System lands, the Fish 
and Wildlife Service manages national wildlife refuges, the National 
Park Service manages national parks, monuments, and recreation areas, 
the Bureau of Reclamation manages reservoirs and lands adjoining those 
reservoirs, and the Bureau of Land Management manages other public 
lands. Indian tribes own and manage lands in accordance with treaties 
between the tribes and the United States Government. The State of Utah 
owns and manages state parks, wildlife management areas, and public 
trust lands. The Commission recognizes the importance of federal, 
tribal, and state lands to fish, wildlife, and recreation and will 
entertain proposals for mitigation and conservation activities involving 
these lands when the following conditions are met:
    (1) The managing agency concurs with the proposed action,
    (2) All appropriate legal procedures have been followed, and
    (3) The land management agency is willing to assume long-term 
responsibility for operation and maintenance of mitigation and 
conservation features and to refrain from management activities that may 
negate or significantly diminish the effects of the project on fish, 
wildlife, or recreation.
    (b) Agencies with Federal reclamation project mitigation 
responsibilities and/or authorities. Several agencies also have direct 
authorities and responsibilities relating to mitigation for the effects 
of Federal reclamation projects in Utah. These include the Department of 
the Interior Central Utah Project Office, the Bureau of Reclamation, the 
Central Utah Water Conservancy District, the Fish and Wildlife Service, 
and the Utah Division of Wildlife Resources. The remainder of this 
section summarizes the authorities and responsibilities of these 
agencies with regards to Federal reclamation projects, with emphasis on 
the Commission's relationship to these agencies. This section does not 
identify or describe all of the potential relationships between the 
Commission and other agencies with Federal reclamation project 
mitigation obligations. As appropriate, the Commission may enter into 
formal agreements with any or all of the above agencies in order to 
provide additional detail regarding the relationship or to assign 
specific program or project responsibilities. The arrangements that are 
described in this section may also be modified through interagency 
agreement.
    (1) Secretary of the Interior's Representative to the Central Utah 
Project. As required by Section 201(e) of the Act, the Secretary of the 
Interior is ultimately responsible for carrying out all responsibilities 
specifically identified in the Act. The Secretary's Representative 
serves as the Secretary's official representative to the Central Utah 
Project. The Secretary's Representative monitors activities undertaken 
in fulfillment of the various aspects of the Act to ensure that these 
activities, including mitigation activities, are in accordance with 
applicable law and that Federal funds are used appropriately. The 
Secretary's Representative also coordinates activities among Department 
of the Interior agencies involved with the Central Utah Project. The 
Commission is a Federal Commission within the executive branch of 
government and its activities are subject to the direct oversight of 
Congress. While essentially independent of the Secretary of the 
Interior, the Commission nevertheless has a vital relationship with the 
Department via both the budget process and the similarity in missions. 
The Secretary's Representative serves as the principal link between the 
Commission and the Department of the Interior and is responsible for 
transmitting Congressional appropriations to fund the Commission's 
mitigation, conservation, and administrative activities. For purposes of 
plan development and implementation, the following will guide the 
Commission's relationship to the Secretary's Representative:
    (i) The Commission acknowledges the authority of the Secretary in 
overseeing implementation of the Act and recognizes that the Secretary's 
Representative plays an essential role in ensuring the compatibility of 
mitigation and conservation measures with the overall Central Utah 
Project. The Commission

[[Page 992]]

is committed to a strong and productive partnership with the Secretary's 
Representative in fulfilling the Commission's mitigation and 
conservation responsibilities.
    (ii) The Commission will maintain close communication with the 
Secretary's Representative regarding the relationship between the plan 
and Congressional appropriations. The Commission will provide the 
Secretary's Representative with both long range and annual funding 
proposals and otherwise assist in preparing the Commission's budget 
requests to Congress.
    (iii) The Commission and the Secretary's Representative will 
independently and cooperatively monitor the plan in terms of meeting 
Section 8 mitigation obligations as directed by the Act.
    (iv) The Commission will actively involve the Secretary's 
Representative in the Commission's NEPA related activities, including 
the identification of appropriate roles for the Secretary's 
Representative and Department of the Interior agencies in the 
preparation and review of NEPA documents.
    (v) The Commission will, as appropriate, involve the Secretary's 
Representative in coordinating Commission mitigation and conservation 
activities with the Bureau of Indian Affairs and with individual Indian 
tribes.
    (vi) The Commission will utilize the Secretary's Representative as 
its principal contact for matters regarding the Department of the 
Interior and, when appropriate, will seek assistance from the 
Secretary's Representative in coordinating activities involving agencies 
within the Department, especially when activities involve several 
agencies. The Commission will, as appropriate, involve the Secretary's 
Representative in resolving differences that might arise among the 
various agencies within the Department with regard to the Commission's 
plan, or the implementation of any measure contained in the plan. This 
provision does not alter the direct working relationships that the 
Commission maintains with the U.S. Fish and Wildlife Service, the Bureau 
of Reclamation, the Bureau of Land Management, and other applicable 
agencies.
    (2) U.S.D.I. Bureau of Reclamation. Prior to the Act, the Bureau of 
Reclamation (Bureau) had the responsibility for implementing mitigation 
measures associated with Federal reclamation projects within the State 
of Utah. Section 301(a)(1) of the Act granted authority to the 
Commission ``to coordinate the implementation of the mitigation and 
conservation provisions of this Act.'' Section 301(n) further 
transferred from the Bureau to the Commission ``the responsibility for 
implementing Section 8 funds for mitigation and conservation projects 
and features authorized in this Act.'' While the Act therefore clearly 
transfers mitigation responsibilities concerning the Bonneville Unit of 
the Central Utah Project from the Bureau to the Commission, it does not 
alter the Bureau's mitigation responsibilities with respect to other 
components of the Colorado River Storage Project or other Federal 
reclamation projects in Utah. For purposes of plan development and 
implementation, the following will guide the Commission's relationship 
to the Bureau:
    (i) The Commission recognizes that the Bureau and the Commission 
share fish, wildlife, and recreation mitigation responsibilities 
associated with Federal reclamation projects within the State of Utah 
and is committed to maintaining a strong and productive partnership with 
the Bureau in this regard.
    (ii) Except for those features that the Secretary has assigned to 
others in allocating the $214,352,000 increase in CRSP authorization 
specified in Section 201(a) of the Act, the Commission has the primary 
authority and responsibility for all mitigation projects involving use 
of Section 8 funds for the Bonneville Unit and for alternative 
formulations of the Uintah and Upalco units of the Central Utah Project, 
and all mitigation projects identified in Section 315 of the Act, or as 
modified in the plan.
    (iii) The Bureau retains the responsibility and primary authority to 
undertake fish, wildlife, and recreation mitigation and conservation 
activities for Federal reclamation projects in Utah other than those as 
described in paragraph (b)(2)(ii) of this section

[[Page 993]]

wherein the Bureau acts at the direction of the Commission. The 
Commission also has the authority to undertake selective fish, wildlife, 
and recreation mitigation and conservation activities concerning these 
same projects, as authorized in Section 315 of the Act or in the plan. 
The Commission will actively consult with the Bureau with regard to 
potential mitigation or enhancement activities in those areas in order 
to ensure that Bureau and Commission mitigation activities are 
coordinated.
    (iv) The Bureau retains responsibility for implementation of fish, 
wildlife, and recreation mitigation measures associated with Federal 
reclamation projects in Utah that were initiated prior to the 
establishment of the Act where that responsibility has not specifically 
been transferred to the Commission, a water district, or other entity.
    (v) The Bureau retains responsibility for operation, maintenance, 
and replacement of facilities related to fish, wildlife, and recreation 
mitigation measures undertaken by the Bureau where that responsibility 
has not specifically been transferred to the Commission, a water 
district, or other entity.
    (vi) The Bureau retains responsibility for mitigating future impacts 
to fish, wildlife, and recreation caused by operation, maintenance, and 
replacement of water resource development facilities where that 
responsibility has not specifically been transferred to the Commission, 
a water district, or other entity.
    (vii) The Commission has no responsibility or authority for 
mitigation or replacement measures associated with Federal reclamation 
projects in Utah that are not related to fish, wildlife, and recreation.
    (3) Central Utah Water Conservancy District. The Central Utah Water 
Conservancy District (District) is responsible for construction, 
operation, and management of the various features of the Central Utah 
Project. NEPA compliance regarding many of these features has resulted 
in the identification of several measures that are to be undertaken as 
mitigation for the Central Utah Project's impacts to fish, wildlife, 
and/or recreation. NEPA compliance for future project features is likely 
to identify additional fish, wildlife, and recreation mitigation and 
conservation measures. The Act directs that the Commission give funding 
priority to measures that result from applicable NEPA procedures. The 
Act does not, however, specify what role the Commission is to have in 
determining, or planning for, these measures. For purposes of plan 
development and implementation, the following will guide the 
Commission's relationship to the District:
    (i) The Commission is committed to maintaining a strong and 
productive partnership with the District in order to adequately plan for 
and implement mitigation measures associated with the Central Utah 
Project.
    (ii) The Commission recognizes that the District and the Commission 
have complementary responsibilities for fish, wildlife, and recreation 
mitigation regarding the Central Utah Project. The District retains the 
overall responsibility for planning for mitigation activities associated 
with its completion of the Central Utah Project. The Commission has the 
responsibility for ensuring that mitigation measures meet with the 
intent of the Act with regard to protection and restoration of fish, 
wildlife, and recreation resources and for approving and implementing 
mitigation and conservation measures. Accordingly, the Commission will 
monitor District mitigation and conservation planning activities and 
provide such assistance as is mutually agreed upon.
    (iii) The Commission will actively monitor or, as appropriate, 
participate in NEPA procedures undertaken by the District that may 
result in the identification of mitigation and conservation measures 
that, if implemented, would require Commission funding or may affect 
other mitigation activities of interest to the Commission. For NEPA 
procedures that are likely to result in significant Commission 
obligations, the Commission may request ``joint lead agency'' status 
with the District. In such instances the specific involvement of the 
Commission in the preparation of NEPA documentation will be

[[Page 994]]

determined through agreement with the District.
    (iv) The District retains responsibility for mitigating future 
impacts to fish, wildlife, and recreation caused by the operation, 
maintenance, and replacement of its water resource development 
facilities, unless that responsibility has been specifically transferred 
to the Commission or other entity.
    (v) The District retains responsibility for operation, maintenance, 
and, where necessary, replacement of fish, wildlife, and recreation 
mitigation features managed by the District, unless that responsibility 
has been specifically transferred to the Commission or other entity.
    (4) U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife 
Service (Service) has mandated responsibility to implement several acts 
relevant to the Commission's activities. In Section 301(b)(3), the Act 
specifically references a Commission obligation to comply with the Fish 
and Wildlife Coordination Act (FWCA) and the Endangered Species Act 
(ESA). Other acts administered by the Service and relevant to Commission 
activities include, but are not necessarily limited to, the Migratory 
Bird Treaty Act (16 U.S.C. 703 et seq.) and the Bald Eagle Protection 
Act (16 U.S.C. 668-668d). The FWCA directs that the Service, and the 
state fish and wildlife agency, must be consulted where the ``waters of 
any stream or other body of water are proposed or authorized to be 
impounded, diverted * * * or otherwise controlled or modified * * * by 
any department or agency of the United States, or by any public or 
private agency under Federal permit or license. * * *'' The purpose of 
this consultation is to provide for ``the conservation of wildlife 
resources by preventing loss of and damage to such resources.'' The FWCA 
provides the major mechanism for Service involvement in the Federal 
reclamation project decision process. The Service's most important role 
in Federal reclamation projects is in the development and later the 
monitoring of fish and wildlife mitigation measures. The Service is also 
responsible for reporting to the Secretary of the Interior on the status 
of mitigation programs. The Fish and Wildlife Coordination Act provides 
for the funding of Service FWCA consultation by the agency sponsoring 
the proposed activity. The Service's ESA responsibilities that are most 
relevant to Commission activities include listing of new species, 
preparation and implementation of recovery plans and consultations 
regarding adverse effects on listed species. Section 7(a)(1) of the 
Endangered Species Act authorizes Federal agencies to carry out programs 
for the conservation of endangered and threatened species. Participating 
in, and being consistent with, recovery plans is a fundamental component 
of this obligation. Section 7(a)(2) of the ESA requires that, prior to 
taking any action that may affect a listed species, a Federal agency 
must consult with the Service to ensure that the action will not 
jeopardize the continued existence of the species or adversely modify 
critical habitat. The Migratory Bird Treaty Act (MBTA) establishes a 
Federal role in protecting bird species that generally migrate across 
national boundaries. In Utah, these include most indigenous bird 
species. The MBTA is not intended as a substitute for state wildlife 
management authority but rather as a complement. The Service is 
responsible for implementing many of the features of the MBTA, and for 
encouraging states to undertake actions to protect migratory bird 
species. The Bald Eagle Protection Act prohibits the taking or 
possession of either bald or golden eagles, both of which commonly 
inhabit areas near Utah's rivers and wetlands. For purposes of plan 
development and implementation, the following will guide the 
Commission's relationship to the Service:
    (i) The Commission acknowledges the biological expertise of the 
Service with regard to Federal reclamation projects and other Commission 
activities relating to the protection and restoration of fish and 
wildlife resources and will seek to utilize this expertise to the 
fullest extent. The Commission further recognizes the similarity in 
agency missions with regard to fish and wildlife mitigation and 
conservation and is committed to a strong and productive partnership 
with the Service in this regard.

[[Page 995]]

    (ii) The Commission acknowledges the Service's mandated 
responsibility with regard to Federal reclamation projects and will 
specifically consult with the Service regarding activities that are 
subject to the FWCA. These include both projects directly related to 
mitigation for Federal water resource projects and applicable fish, 
wildlife, and recreation conservation projects. In developing its plan 
and adopting specific projects, the Commission will give significant 
weight to the Service's recommendations. Should the Commission choose to 
not follow Service recommendations, it will seek resolution through 
active consultation with the Service. As appropriate, the Utah Division 
of Wildlife Resources will be asked to be involved in these 
consultations as that agency also has co-responsibilities under the 
FWCA. Should no agreement be reached, the Commission will document its 
decision and provide this to the Service. The Commission recognizes that 
the Service has a responsibility to forward its FWCA reports to the 
Secretary regardless of the resolution of issues contained in the 
reports. The Commission recognizes that several projects contained in 
Title II, Section 304, and Section 315 have previously been subjected to 
Service evaluation pursuant to FWCA. Prior to reallocating funds 
authorized for these projects, the Commission will formally consult with 
the Service regarding the relative adequacy of proposed new projects, or 
significant modifications to Title II, Section 304, or Section 315 
projects, in mitigating for impacts to fish and wildlife resources.
    (iii) The Commission will comply with applicable provisions of the 
ESA and, accordingly, will consult with the Service regarding activities 
that may affect a listed or candidate species, regardless whether the 
effect is beneficial or adverse. In addition, the Commission will 
endeavor to undertake mitigation and conservation projects that are 
consistent with an adopted recovery plan for a listed species and that 
aid in the protection of candidate species.
    (iv) The Commission will, in accordance with the Act, formally seek 
the Service's approval prior to reallocating funds from a project whose 
primary objectives are the protection and/or restoration of fish and 
wildlife resources to a project whose objectives are primarily related 
to recreation. No such funds will be reallocated unless this meets with 
the approval of the Service.
    (v) The Commission anticipates that the Service will be an active 
participant in the planning for, and implementation, of mitigation and 
conservation projects undertaken pursuant to the Commission's plan.
    (vi) The Commission will invite the Service to participate in NEPA 
activities undertaken or funded by the Commission that bear on fish and/
or wildlife resources. The form that this participation will take will 
be determined on a case-by-case basis and will require agreement on the 
part of both agencies.
    (5) Utah Division of Wildlife Resources. As is the case with other 
states, the State of Utah has the exclusive jurisdiction over non-
migratory fish and wildlife and shared jurisdiction (with the U.S. Fish 
and Wildlife Service) over all migratory birds and Federally listed 
threatened and endangered fish and wildlife within the state. The 
applicable state law is Utah Code, Section 23-15-2, which states that 
``All wildlife within the state, including but not limited to wildlife 
on public or private lands or in public or private waters within the 
state, shall fall within the jurisdiction of the Division of Wildlife 
Resources.'' The Utah Division of Wildlife Resources (UDWR) has 
authorities and responsibilities at the state level similar to those of 
the U.S. Fish and Wildlife Service at the Federal level, and, like the 
Service, has mandated authorities under the Federal Fish and Wildlife 
Coordination Act that relate directly to Federal Reclamation project 
mitigation. These authorities are described in paragraph (b)(4) of this 
section. In addition, the Act provides for the UDWR to assume primary 
responsibility for implementing measures associated with the Act after 
the Commission expires. In addition to the UDWR's responsibilities and 
authorities discussed above, the State of Utah also has jurisdiction 
over other activities that are relevant to the Commission's plan, 
including the granting of

[[Page 996]]

water rights and, except on Federal and tribal lands, management of land 
use. For purposes of plan development and implementation, the following 
will guide the Commission's relationship to the UDWR:
    (i) The Commission acknowledges the biological expertise of the UDWR 
with regard to Federal reclamation projects and other Commission 
activities relating to the protection and restoration of fish and 
wildlife resources and will seek to utilize this expertise to the 
fullest extent practicable. The Commission further recognizes the 
similarity in agency missions with regard to fish and wildlife 
mitigation and conservation and is committed to a strong and productive 
partnership with the UDWR in this regard.
    (ii) The Commission acknowledges the UDWR's authority over the 
management of fish and wildlife within the State and will take no action 
that is inconsistent with this authority.
    (iii) The Commission acknowledges that the UDWR has a mandated 
authority regarding the planning and monitoring of Federal reclamation 
mitigation. As is the case with the Service, the Commission will 
formally consult with the UDWR regarding projects that are subject to 
the FWCA. These include both projects directly related to mitigation for 
Federal reclamation projects and applicable fish and wildlife 
conservation projects not directly related to any Federal reclamation 
project. Consultation will be in accordance with procedures defined in 
the FWCA. It is anticipated that this consultation will be conducted in 
conjunction with the Service. However, the Commission recognizes that 
the UDWR has the right to prepare recommendations independent of the 
Service should it so desire. The Commission will, in making its 
decisions, give significant weight to recommendations made by the UDWR. 
Should the Commission choose to not follow the UDWR's recommendations, 
it will seek to resolve outstanding issues through active consultation 
with the UDWR. As appropriate, the Service will be asked to be involved 
in these consultations. Should no agreement be reached, the Commission 
will document its decision and provide this to the UDWR. The Commission 
recognizes that several mitigation projects contained in Title II, 
Section 304, and Section 315 have previously been subjected to the UDWR 
evaluation pursuant to FWCA. As is the case with the Service, the 
Commission will specifically consult with the UDWR prior to 
significantly modifying or reallocating funds away from these projects.
    (iv) The Commission will specifically consult with the UDWR 
regarding any project that might have an affect on species identified by 
the UDWR as wildlife species of special concern and species listed by 
the UDWR Natural Heritage Program as G1 and G2 plant and animal species.
    (v) The Commission anticipates that the UDWR will be an active 
participant in the planning for, and implementation, of mitigation and 
conservation projects undertaken pursuant to the Commission's plan.
    (vi) The Commission will invite the UDWR to participate in NEPA 
activities undertaken or funded by the Commission that bear on fish and/
or wildlife resources. The form that this participation will take will 
be determined on a case-by-case basis and will require agreement on the 
part of both agencies.



Sec. 10005.11  Environmental compliance.

    (a) Section 301(c)(3) establishes that the Commission is to be 
considered a Federal agency ``for purposes of compliance with the 
requirements of all Federal fish, wildlife, recreation, and 
environmental laws, including (but not limited to) the Fish and Wildlife 
Coordination Act, the National Environmental Policy Act of 1969 (NEPA), 
and the Endangered Species Act of 1973.'' While not specifically 
referenced in that section, the Federal Water Pollution Control Act 
(Clean Water Act) (33 U.S.C. 1251 et seq.) also contains environmental 
compliance provisions that are directly relevant to the Commission's 
mitigation and conservation activities. The Commission is committed to 
full and active compliance with these laws as well as applicable State 
environmental law.
    (b) The Commission's NEPA procedures are addressed in a different 
chapter of the agency's administrative

[[Page 997]]

rules. Because the plan is subject to alteration or amendment under a 
number of circumstances, the plan does not constitute an irretrievable 
commitment of resources and thus is not subject to NEPA. Projects 
preliminarily selected for funding by the Commission will, however, be 
subject to formal NEPA review. The Commission recognizes that these 
procedures may affect both project budgets and scheduling and will 
therefore give specific consideration to this when preparing the plan. 
As described in Sec. 10005.16 the plan will identify, at a 
reconnaissance level, the need for individual projects to comply with 
NEPA and other Federal and State environmental laws and the 
opportunities available for consolidating NEPA review into programmatic 
or watershed-wide analysis as appropriate.



Sec. 10005.12  Policy regarding the scope of measures to be included in the plan.

    The terms ``mitigation'' and ``conservation'' are used repeatedly 
throughout the Act and committee reports accompanying the Act. The 
importance of these terms is exemplified by the fact that Congress saw 
fit to include them in the official name of the Commission. The 
Commission interprets the term ``mitigation'' to mean activities 
undertaken to avoid or lessen environmental impacts associated with a 
Federal reclamation project or, should impact occur, to protect, 
restore, or enhance fish, wildlife, and recreation resources adversely 
affected by the project. Mitigation at the site of the impact typically 
involves restoration or replacement. Off-site mitigation might involve 
protection, restoration, or enhancement of a similar resource value at a 
different location. Mitigation may also involve substituting one 
resource feature for another. In meeting its mitigation 
responsibilities, the Commission sees an obligation to give priority to 
protection and restoration activities that are within the same watershed 
as the original impact and that address the same fish, wildlife, or 
recreation resource that was originally affected. The Commission's 
``conservation'' authority allows it to invest in the conservation of 
fish, wildlife, and recreation resources generally, and not directly 
associated with any Federal reclamation project. Conservation projects 
may, therefore, be considered for any area of the state, regardless of 
the presence of a reclamation project. Nothing in this section is meant 
to restrict consideration of conservation projects directly associated 
with a Federal reclamation project. The Commission recognizes that, with 
limited resources, it is not possible to address the entire range of 
fish, wildlife, and recreation needs throughout the State. Indeed, 
addressing only the most critical issues will require prudent and 
judicious planning and use of resources. This section defines the areas 
where the Commission intends to focus its attention over the long-term 
and, in so doing, provides guidance for the development of the 
Commission's mitigation and conservation plan. By defining priorities, 
the Commission narrows the options of applicants in making 
recommendations for potential projects, and of the Commission itself in 
selecting measures to be incorporated into the plan.
    (a) Priority resources. The Commission's intent is to focus 
expenditures and activities on those areas and resources where the 
Commission believes that it can, consistent with its mandate, have the 
greatest positive impact. Accordingly, it is the policy of the 
Commission that projects selected for the plan must accomplish one or 
more of the following:
    (1) Protect and/or restore aquatic systems that provide essential 
habitat for fish and wildlife,
    (2) Protect and/or restore wetland and riparian systems that provide 
essential habitat for fish and wildlife,
    (3) Protect and/or restore upland areas that contribute to important 
terrestrial ecosystems and/or support aquatic systems,
    (4) Provide outdoor recreation opportunities that are dependent on 
the natural environment and that support the conservation of aquatic 
systems, and/or
    (5) Address fish, wildlife, or recreation resources from a statewide 
context in order to provide essential information on aquatic systems or 
to assist

[[Page 998]]

in the establishment of statewide programs for fish, wildlife, or 
recreation conservation.
    (b) Priority projects. In recognition of its responsibility to 
mitigate for Federal reclamation projects, the Commission will give 
special consideration to projects that:
    (1) Address fish, wildlife, and recreation resources affected by the 
development of the Central Utah Project, including projects authorized 
in Title II, section 304, or section 315 of the Act, as described in 
Sec. 10005.8,
    (2) Address fish, wildlife, and recreation resources affected by the 
development of other features of the Colorado River Storage Project in 
Utah, or
    (3) Address fish, wildlife, and recreation resources affected by the 
development of other Federal reclamation projects in Utah.
    (c) Specific objectives for five-year plans. Each five-year plan 
will contain a set of specific objectives derived from the above 
elements. Objectives will be based on the Commission's determinations of 
the issues and resources that are in most need of attention, and the 
potential for making a substantial contribution to fish, wildlife, and 
recreation resources. Objectives may include the targeting of certain 
watersheds and/or basins for priority attention based on these same two 
factors.



Sec. 10005.13  Geographic and ecological context for the plan.

    In accordance with the Act, the Commission has the authority to 
implement projects throughout the State of Utah. The Commission believes 
that, to be effective, the plan must be prepared, and evaluated, from a 
state-wide perspective and that, within the state, an ecosystem-based 
approach is appropriate. There is no one correct way to define an 
ecosystem or to approach ecosystem planning. The Commission concludes 
that, for its planning purposes, the watershed provides the appropriate 
geographic and ecological reference within which to evaluate proposed 
projects and otherwise plan its activities. In delineating watersheds, 
the Commission will be consistent with the best ecological and 
hydrological science and, to the extent possible, with the ecological 
and hydrological units currently used by the State of Utah, the U.S. 
Fish and Wildlife Service, and other applicable Federal agencies. The 
Commission recognizes that mitigation and conservation projects may vary 
in scale and that, therefore, one standard set of watersheds is not 
necessarily appropriate for all projects. For example, a more localized 
project may best be analyzed from a ``watershed within a watershed'' 
perspective. Alternatively, a large-scaled project may need to be 
visualized from the perspective of a major river basin consisting of 
several watersheds. The Commission will prepare, and have available for 
public use, a list or map that identifies major basins, watersheds, and, 
where appropriate, hydrologic units within watersheds, that the 
Commission will use to organize its mitigation and conservation 
activities. This list or map may be revised from time to time as 
circumstances change.



Sec. 10005.14  Resource features applicable to the plan.

    In accordance with the Act, projects selected for funding must make 
substantial contributions to fish, wildlife and/or recreation resources. 
Biological projects may focus on the protection or restoration of an 
individual species, a group of inter-related species, or the habitats 
upon which these species depend. Projects that target sensitive plant 
species may also be included in the plan, particularly if they 
contribute to the overall health of the ecosystem. Recreation projects 
should be targeted at increasing the quality of and/or access to outdoor 
recreation opportunities that rely on the natural environment or at 
providing opportunities that have been reduced through Federal 
reclamation projects. Following is a representative list of the types of 
resources that projects may target, along with examples of possible 
activities that might be undertaken for each. The following list is not 
intended to limit the scope of projects that may qualify for inclusion 
in the Commission's plan:
    (a) Fish and Wildlife Production, including:
    (1) Enhancement of natural production,
    (2) Restoration of indigenous species,

[[Page 999]]

    (3) Scientific studies,
    (4) Development of new or upgraded culture facilities.
    (b) Plant Propagation, including:
    (1) Protection of critical habitat for sensitive species or 
communities,
    (2) Reintroduction of native plants in conjunction with habitat 
restoration projects,
    (3) Vegetation manipulation to achieve desired ecological 
conditions.
    (c) Stream Habitat, including:
    (1) Protection or enhancement of instream flow,
    (2) Restoration of natural flow regimes,
    (3) Improvement to water quality,
    (4) Restoration of natural channel, bank, and riparian conditions,
    (5) Restoration of natural instream and bank cover conditions.
    (d) Lake Habitat, including:
    (1) Stabilization of water level,
    (2) Water quality protection or improvement,
    (3) Restoration of natural lakebed conditions,
    (4) Riparian area maintenance,
    (5) Outlet flow maintenance.
    (e) Wetlands Habitat, including:
    (1) Protection of existing wetlands,
    (2) Restoration of drained or otherwise degraded wetlands,
    (3) Enhancement of wetland habitat.
    (f) Upland Habitat, including:
    (1) Protection or restoration of migration corridors,
    (2) Re-connection of fragmented habitats,
    (3) Protection of critical habitats,
    (4) Habitat condition improvement.
    (g) Outdoor Recreation, including:
    (1) Establishment of fishing and boating access,
    (2) Establishment of greenways and low impact trails,
    (3) Providing opportunities for wildlife related recreation, 
including hunting and observation,
    (4) Providing opportunities for passive recreation and sightseeing,
    (5) Stocking waters with fish (where not incompatible with 
biological objectives),
    (6) Education and interpretation related to fish, wildlife, and 
their habitats.



Sec. 10005.15  Planning and management techniques applicable to the plan.

    The Commission recognizes that there are a wide range of techniques 
that may be employed to protect or restore natural resources. The 
Commission will consider projects that make use of techniques that 
either have previously been proven to be effective at meeting stated 
objectives or represent new and innovative approaches that hold promise 
for being effective and establishing positive precedents for future 
activities. Following is a representative list of techniques that the 
Commission may choose to fund. This list is not exhaustive. Other 
appropriate techniques may exist or be developed in the future.
    (a) Acquisition of property (land or water), or an interest in 
property, for fish, wildlife, or recreation purposes.
    (b) Physical restoration of ecological functions and habitat values 
of lands or water courses.
    (c) Construction and reconstruction of facilities, such as trails, 
fish culture facilities, instream spawning facilities, water control 
structures, and fencing that aid in the conservation of fish and 
wildlife resources, and/or provide recreation opportunities.
    (d) Regional planning aimed at conserving fish and wildlife, and/or 
providing recreation opportunities.
    (e) Management and operations agreements, strategies, and other 
institutional arrangements aimed at conserving fish and wildlife and 
their habitats, and/or providing recreation opportunities.
    (f) Inventory and assessment of biological resources.
    (g) Applied research that targets specific biological information or 
management needs.
    (h) Development of educational materials and programs aimed at 
increasing public enjoyment and awareness of fish and wildlife resources 
and the ecosystems upon which they depend.



Sec. 10005.16  Plan content.

    (a) Minimum requirements. At a minimum, the plan will include:
    (1) A summary of basic information from the planning rule, including 
project evaluation procedures and plan amendment procedures,

[[Page 1000]]

    (2) The identification of measurable objectives for the term of the 
plan,
    (3) A list, and description, of the projects selected for 
implementation during the term of the plan--with particular emphasis on 
projects to be implemented early in the planning cycle,
    (4) A description of the relationship between the projects to be 
included in the plan and the Commission's mitigation obligations,
    (5) A preliminary determination regarding environmental review 
requirements for each project,
    (6) A preliminary determination of management and operation 
requirements and how these will be met,
    (7) A budget, both for the next fiscal year and for the entire five-
year period,
    (8) A project phasing plan spanning the term of the plan, and
    (9) A strategy for monitoring progress and evaluating 
accomplishments, and
    (b) Potential additions. At the Commission's discretion, the plan 
may also include:
    (1) A discussion of the relationship of the plan to other activities 
affecting fish, wildlife, and recreation resources within the State of 
Utah, and/or
    (2) Discussions of, or information on, other topics that the 
Commission determines to be relevant. For example, the Commission may 
wish to identify mitigation and/or conservation measures that the 
Commission may wish to consider in later years of the five-year plan or 
in subsequent five-year plans.



Sec. 10005.17  Plan development process.

    Following adoption of the planning rule, the Commission will proceed 
with the preparation of the plan, in adherence with the following 
procedures and in the order stated:
    (a) A formal request for recommendations regarding potential 
projects will be made to Federal and State resource agencies, Indian 
tribes, and other interested parties. An appropriate announcement will 
also be made in the Federal Register. Those choosing to participate will 
have 90 days to submit project proposals. The project solicitation 
process is discussed in detail in Sec. 10005.18.
    (b) The Commission will compile all recommendations and make these 
available for public review at the Commission's office. The Commission 
will also provide copies upon request for a reasonable cost.
    (c) The Commission will evaluate each project proposal according to 
the decision factors, standards, and evaluation procedures described in 
Sec. 10005.19 and prepare a preliminary list of priority projects.
    (d) One or more public meetings will be scheduled in which 
Commission staff will present the Commission's analysis and preliminary 
conclusions.
    (e) The Commission will prepare a final list of projects proposed 
for implementation during the term of the plan.
    (f) A draft plan will be prepared, approved by the Commission, and 
released for public review. Availability of the document will be 
announced in the Federal Register. The public will be given a minimum of 
thirty days to review the draft and submit written comments.
    (g) The Commission will make necessary revisions and formally adopt 
a final version of the plan. Completion of the plan will be announced in 
the Federal Register. The Act requires that the initial final plan be 
completed by March 31, 1996 and be revised at least every five years 
thereafter.



Sec. 10005.18  Project solicitation procedures.

    As provided for in Section 301 of the Act, the Commission will make 
a formal invitation to Federal and State resource agencies, Indian 
tribes, and other interested parties to prepare recommendations 
concerning projects that will be considered for funding. This invitation 
will take the form of a ``project solicitation packet.'' The packet will 
contain a cover letter, this planning rule or a reference as to where it 
may be obtained, a format for preparing applications, and other 
materials that the Commission concludes will assist in the preparation 
of recommendations. Appropriate announcement will also be made in the 
Utah media and in the Federal Register in order that other interested 
parties

[[Page 1001]]

might be made aware of the opportunity to participate. To assist 
applicants, the format for preparing application may be made available 
in electronic form upon request. As warranted, the Commission may 
propose specific projects and/or assist others in the preparation of 
recommendations in order to fully execute its obligations as described 
in Sec. 10005.8. The following information will be requested of 
applicants:
    (a) An abstract of the proposed project,
    (b) Information on the applicant, including the name of the person 
preparing the recommendation, the official authorizing the 
recommendation, and partners to the application, if any,
    (c) The location of the proposed project,
    (d) The overall goal for the project and the specific fish, 
wildlife, or recreation objective(s) that the project's proponent seeks 
to achieve,
    (e) The relationship, if any, of the proposed project to Federal 
reclamation mitigation and, especially, to measures delineated in Title 
II, Section 304, or Section 315,
    (f) A description of the project, including tasks to be undertaken, 
products to be produced, and the expected results,
    (g) A proposed budget, including, where applicable, a description of 
contributions to be provided by project implementors or other sources,
    (h) A proposed time schedule,
    (i) The identification of the entity (ies) to be involved with the 
project (project implementation and post-project operation and 
management), including their qualifications for undertaking this type of 
work,
    (j) A description of any consultation with landowners, agencies, or 
other affected entities, to include documentation where appropriate,
    (k) An evaluation of the project in relationship to the Commission's 
first five decision factors identified in Sec. 10005.19,
    (l) An evaluation of the anticipated need for NEPA documentation and 
compliance with the ESA, the Clean Water Act, and other applicable 
environmental laws, and
    (m) At the option of the applicant, other information that might 
assist the Commission in evaluating the recommendation.



Sec. 10005.19  Decision factors.

    This section identifies the principle decision factors that the 
Commission will use to evaluate the relative merit of proposed projects 
and the way that the Commission will apply these decision factors. The 
Commission has selected six general decision factors that will be used 
to evaluate the relative priority of proposed projects. ``Standards'' 
related to each decision factor provide a means for measuring the extent 
to which each proposed project responds to the decision factors. The 
Commission's decision factors and standards are as follows:
    (a) Decision Factor 1: Benefits to fish, wildlife, and recreation 
resources. The following three standards apply:
    (1) Biological integrity. Projects will contribute to the 
productivity, integrity, and diversity of fish and wildlife resources 
within the State of Utah. To meet the Biological Integrity standard, 
projects should accomplish one or more of the following:
    (i) Protect, restore, or enhance the ecological functions, values, 
and integrity of natural ecosystems supporting fish and wildlife 
resources,
    (ii) Provide conservation benefits to both species and their 
habitats,
    (iii) Provide benefits to multiple species,
    (iv) Promote biodiversity and/or genetic conservation,
    (v) Aid long-term survival/recovery of species, or groups of 
species, that are of special concern, including:
    (A) Species on the Federal List of Endangered or Threatened Wildlife 
and Plants,
    (B) Federal category 1 or 2 candidates for listing,
    (C) Species identified by the UDWR as wildlife species of special 
concern,
    (D) UDWR Natural Heritage Program G1 and G2 plant and animal 
species,
    (E) On lands managed by the U.S. Forest Service or the Bureau of 
Land Management, species of special concern as recognized by the 
appropriate agency, and

[[Page 1002]]

    (F) the sensitive species conservation list developed by the Utah 
Interagency Conservation Committee,
    (vi) Provide protection to important aquatic, riparian, or upland 
habitats, especially those that are either critical to a sensitive 
indigenous species or useful to a variety of species over a range of 
environmental conditions, and/or
    (vii) Restore self-sustaining, naturally functioning aquatic or 
riparian systems, especially through the use of natural recovery 
methods.
    (2) Recreation opportunities. Projects with recreation objectives 
will provide opportunities for high quality outdoor recreation 
experiences for the general public that are compatible with, and 
support, the conservation of biological resources and natural systems. 
To meet the Recreation Opportunities standard, projects should 
accomplish one or more of the following:
    (i) Create opportunities for the public to enjoy fish, wildlife, and 
native plants in their natural habitats,
    (ii) Provide permanent access to aquatic areas for recreation 
purposes,
    (iii) Create opportunities for walking or bicycling that complement 
protection and restoration of riparian and aquatic corridors,
    (iv) Create opportunities for fishing, boating, and other water-
based recreation activities that complement protection and restoration 
of aquatic areas,
    (v) Provide outdoor recreation opportunities that are lacking within 
the watershed or State,
    (vi) Provide outdoor recreation opportunities near to or accessible 
by urban populations,
    (vii) Provide outdoor recreation opportunities for people who are 
physically challenged or economically disadvantaged,
    (viii) Provide opportunities for environmental education and 
interpretation, and/or
    (ix) Do not cause a disruption to the natural environment that will, 
itself, require mitigation.
    (3) Scientific Foundation. Projects will be based on and supported 
by the best available scientific knowledge. To meet the Scientific 
Foundation standard, projects should accomplish one or more of the 
following:
    (i) Include specific and sound biological objectives,
    (ii) Be supported by appropriate population and/or habitat 
inventories or other scientific documentation,
    (iii) Provide tangible results and, to the extent possible, 
measurable benefits to species, habitats, and/or recreation 
opportunities,
    (iv) Involve accepted techniques that have been demonstrated to 
produce significant results, or, alternatively, innovative techniques 
that hold promise for resolving significant issues and that might serve 
as models for other initiatives,
    (v) Make a significant contribution to the scientific knowledge 
concerning ecosystem protection and restoration, and/or
    (vi) Be recognized as scientifically valid by the American Fisheries 
Society, the Wildlife Society, or other applicable professional 
scientific organization.
    (b) Decision Factor 2: Fiscal responsibility. The following three 
standards apply:
    (1) Fiscal accountability. Projects will provide a substantial 
return on the public's investment. To meet the Fiscal Accountability 
standard, projects should accomplish one or more of the following:
    (i) Provide significant benefit at reasonable cost,
    (ii) Where alternatives exist, utilize the least cost alternative 
that fully meets objectives,
    (iii) Continue to provide value over the long term, and/or
    (iv) Encourage and facilitate economic efficiency among agencies.
    (2) Shared funding. While not an absolute requirement, projects 
should, when practical, be funded through cost sharing with project 
participants or involve other contributions. To meet the Shared Funding 
standard, projects should accomplish one or more of the following:
    (i) Have guaranteed partial funding from other sources,
    (ii) Have a high potential for leveraging additional funding by 
others in the future,

[[Page 1003]]

    (iii) Be coupled with other ongoing or proposed projects that have 
compatible objectives and secured non-Commission funding, and/or
    (iv) Involve significant in-kind contributions by the applicant and 
participating agencies or organizations.
    (3) Protection of investment. Successful implementation of projects 
over time will be ensured. To meet the Protection of Investment 
standard, projects should accomplish one or more of the following:
    (i) Result in permanent, as opposed to temporary, protection to fish 
and/or wildlife habitats,
    (ii) Have low maintenance cost and/or be self sustaining over the 
long term,
    (iii) Have clearly assigned operations and management 
responsibilities and assurances of long term support on the part of 
implementors,
    (iv) For those projects likely to require substantial operations and 
management expenditures, have in place a realistic strategy for 
obtaining the necessary funds, including, where applicable, a commitment 
by the applicable agency(ies) to seek necessary appropriations,
    (v) Contain guarantees on the part of the applicable landowner(s) or 
manager(s) that incompatible land uses will not be allowed, and/or
    (vi) Have a high probability that action will not be negated by 
other activities outside of the control of the land owner/manager.
    (c) Decision Factor 3: Agency and public involvement and commitment. 
The following three standards apply:
    (1) Partnerships. Projects should, when practical, involve a 
partnership among Federal and State agencies, local governments, private 
organizations, and/or landowners or other citizens. To meet the 
Partnerships standard, projects should accomplish one or more of the 
following:
    (i) Span multiple jurisdictions or otherwise require, or benefit 
from, inter-organizational cooperation and involvement,
    (ii) Have been proposed through a cooperative effort among two or 
more agencies, governments, and/or private entities, each having a stake 
in the outcome and/or possessing complementary expertise, and/or
    (iii) Encourage, or facilitate, the establishment of complementary 
management plans and programs among land and resource managers.
    (2) Authority and capability. The entities charged with undertaking 
and, after completion, managing each project must have the authority to 
be involved in the proposed activity and possess the administrative, 
financial, technical, and logistical capability necessary for successful 
implementation. To meet the Authority and Capability standard, projects 
should:
    (i) Be supported by documented evidence that the entities involved 
have previously undertaken similar work successfully, and/or
    (ii) Be supported by fully developed implementation plans.
    (3) Public support. Projects should, wherever possible, enjoy broad 
support within the natural resource community, and/or with the public 
at-large. To meet the Public Support standard, projects should:
    (i) Build upon previous compatible efforts that have undergone 
public involvement and are widely supported,
    (ii) Be supported by implementation plans that have previously been 
subjected to peer and/or public review,
    (iii) Have documented support from affected interests, and/or
    (iv) Have a high probability that agency and public support will be 
sustained into the future. This is especially important for multi-year 
projects and projects that are part of a larger, long-term initiative.
    (d) Decision factor 4: Consistency with laws and programs. The 
following two standards apply:
    (1) Laws and tribal rights. Projects will be consistent with the 
legal rights of Indian tribes and with applicable State and Federal 
laws.
    (2) Complementary activities. Projects will complement the policies, 
plans, and management activities of Federal and State resource 
management agencies and appropriate Indian tribes. To meet the 
Complementary Activities standard, projects should:
    (i) Complement, or contribute to, established, documented fish and 
wildlife protection and/or restoration programs,

[[Page 1004]]

    (ii) Be a component of, or support, a recognized ecosystem or 
watershed planning initiative where protection or restoration of fish, 
wildlife, or recreation is a primary goal, and/or
    (iii) For projects involving Federal or state lands, be consistent 
with, and supported by, an adopted management plan.
    (e) Decision Factor 5: Other contributions. The following two 
standards apply:
    (1) Public benefits. Projects will, wherever practicable, provide 
benefits in addition to those provided to fish, wildlife, and 
recreation. To meet the Public Benefits standard, projects should:
    (i) To the extent that this is compatible with the primary objective 
of protecting or restoring fish, wildlife, or outdoor recreation, 
provide opportunities for multiple use of resources,
    (ii) Provide benefits to aspects of the environment beyond fish, 
wildlife, and recreation,
    (iii) Not result in unacceptable impacts to other aspects of the 
environment, and/or
    (iv) Contribute to the social and/or economic well-being of the 
community, the region, and/or the State.
    (2) Unmet needs. Projects will satisfy significant needs that would 
not otherwise be met. To meet the Unmet Needs standard, projects should:
    (i) Address significant fish, wildlife, or recreation needs that are 
unable to secure adequate funding from other sources,
    (ii) Not duplicate actions already taken or underway, and/or
    (iii) Not substitute for actions that are the responsibility of 
another agency and that must be implemented regardless of Commission 
involvement. This is not meant to restrict the Commission's ability to 
be involved in projects advanced by land management or other agencies 
that, while within the general responsibility of the agency, cannot be 
implemented because of internal funding limitations.
    (f) Decision Factor 6: Compatibility with the Commission's overall 
program. This decision factor is relevant to the overall project 
portfolio rather than to individual projects. The following five 
standards apply:
    (1) Commission obligations. Taken as a whole, the project portfolio 
must help fulfill the Commission's obligations for mitigation of Federal 
reclamation projects as described in Sec. 10005.8.
    (2) Project mix. The Commission's portfolio should provide an 
appropriate mix of projects in terms of project type, geographical 
distribution, and other appropriate factors. While the Commission 
desires to implement a broad range of projects, and to have an effect 
throughout the State, this alone will not determine the Commission's mix 
of projects. Among the factors that the Commission will consider when 
selecting projects are the following:
    (i) The Commission will consider concentrating projects in one 
watershed or basin if these projects are ecologically connected and are 
likely to result in a significant cumulative effect on fish, wildlife, 
and/or recreation that could not otherwise be realized.
    (ii) The Commission will consider implementing a major, high cost 
project--as opposed to several smaller projects with the same total 
cost--if that project is likely to produce net cumulative benefits to 
fish, wildlife, and/or recreation that exceed those of the smaller 
projects.
    (iii) The Commission will consider small projects that appear 
unconnected to other Commission activities if these can serve to 
demonstrate the viability of a certain type of protection and 
restoration project, or to establish the groundwork for additional fish, 
wildlife, and recreation initiatives.
    (3) Timing. Projects should address needs that are time sensitive. 
To meet the Timing standard, projects should:
    (i) Target immediate, high priority needs,
    (ii) Target opportunities that are of limited duration,
    (iii) Preempt future crises, and/or
    (iv) Be consistent with identified ``critical paths'' or other 
logical, multiple-year project phasing plans.
    (4) Project completion. Ongoing projects that are making 
satisfactory progress will generally be approved for continued funding 
prior to allocating funds for new projects.
    (5) Budget. The total cost of proposed projects for any given fiscal 
year must

[[Page 1005]]

not exceed the Commission's anticipated budget allocation for that year. 
When the total cost of qualified projects exceeds funding capability, 
the Commission will re-evaluate all qualified projects and identify 
those that, in combination, produce the most meaningful results. High 
cost projects will be subjected to particular scrutiny and may be scaled 
back, phased over multiple years, or deferred if doing otherwise would 
preclude other worthwhile but lower cost projects.



Sec. 10005.20  Project evaluation procedures.

    Projects proposed for inclusion in the plan will be subjected to a 
systematic evaluation using the decision factors delineated in 
Sec. 10005.19. The Commission may, at any time in the project evaluation 
process, contact applicants to ask for clarification, to propose 
modifications, or to otherwise cause the formulation of project 
proposals that are in keeping with the Commission's authority and 
mission. The result of the evaluation will be a preliminary list of 
eligible projects, arrayed by year over the term of the plan. The 
evaluation will adhere to the following process:
    (a) Each project will be arrayed according to location (by 
watershed), project type, and the resource that the project seeks to 
address.
    (b) Each project's consistency with Commission policy delineated in 
Sec. 10005.12 will be determined.
    (c) Complementary, competing, and duplicative projects will be 
identified. (If warranted, applicants may be asked to combine efforts or 
otherwise modify projects.)
    (d) Projects that satisfy obligations described in Sec. 10005.8 will 
be identified.
    (e) Using best professional judgement, Commission staff will 
evaluate each project according to the standards delineated in 
Sec. 10005.19 with the exception of Decision Factor 6, which relates to 
the Commission's overall portfolio and is, therefore, not applicable to 
the evaluation of a specific project.
    (1) For each standard, a preliminary rating will be made, with the 
project rated as:
    (i) Exceeding minimum standard,
    (ii) Meeting minimum standard,
    (iii) Minor deficiency in meeting standard,
    (iv) Deficient, or
    (v) Not applicable.
    (2) Commission ratings will be contrasted to those of applicants and 
major discrepancies re-evaluated. Commission findings will be recorded 
and will be available for review.
    (f) Each project will be given an overall rating based on the extent 
to which it meets Commission criteria as defined in paragraphs (b) 
through (e) of this section. The rating will be made on the basis of 
best professional judgement using quantitative and/or qualitative rating 
techniques as appropriate. A given project need not meet all standards 
to be selected for inclusion in the Commission's plan. A project may, 
for example, be deficient in an area that the Commission determines is 
not important for that type of project or, alternatively, deficiencies 
in some areas may be off-set by major assets in others. A tiered rating 
scale will be used, with projects grouped into two or more categories 
according to how well they meet Commission criteria.
    (g) Projects with moderate to high ratings will then be re-evaluated 
from a multiple project perspective. Decision Factor 6, Compatibility 
with the Commission's Overall Program, will be the focus of this 
evaluation. For those areas with a concentration of projects this might 
involve a watershed-wide analysis. It will also involve a state-wide 
analysis. As with the previous step, the evaluation will be conducted 
using best professional judgement and may involve a variety of 
applicable techniques.



Sec. 10005.21  Amending the plan.

    The Commission considers the plan to be a dynamic instrument that 
guides decisions over time and is capable of responding to changing 
circumstances. Amendments to the plan provide the vehicle for 
maintaining this dynamic quality.
    (a) Types of plan amendment. The Commission recognizes three 
distinct types of plan amendment: comprehensive revisions, substantive 
revisions, and technical revisions. The particulars regarding each is as 
follows:

[[Page 1006]]

    (1) Comprehensive revision. The Act requires that the Commission 
``develop and adopt'' a plan every five years. At the end of each five 
year period the Commission will undertake a comprehensive review of the 
plan to determine its adequacy and the need for revision. The need to 
revise, and add to, the Commission's portfolio of proposed projects will 
be central to this review. Other elements, for example, reconsideration 
of the Commission's objectives for the preceding five-year period and 
the Commission's standards for selecting projects, may also be 
reconsidered. Based on this review the Commission may call for the 
preparation of a new plan. The consultation procedures described in 
Sec. 10005.7 will apply, as will the procedures described in 
Sec. 10005.17, and the procedures described in Sec. 10005.18. The 
Commission is not obligated to wait five years to undertake such 
revision to the plan. This may be undertaken at any time that the 
Commission deems appropriate.
    (2) Substantive revision. The Commission may, from time to time, 
determine that changes to the plan's list of projects are in order. 
Typically this will take the form of substituting a project in the plan 
with a new project, changing the order for implementation, or making 
significant modifications to previously selected projects. When the 
Commission determines that there is a need for such substantive changes, 
a formal announcement will be made and interested parties will be given 
the opportunity to provide recommendations following the procedures 
described in Sec. 10005.18. Changes of this nature will not necessitate 
a total revision to the plan but rather involve select modifications to 
specific portions of the plan. Changes to other specific elements of the 
plan may also be amended in this way. Portions of the plan that are 
proposed for modification will be released in draft form, with the 
public given thirty days to provide comments prior to formal adoption by 
the Commission. Substantive amendments provide a way to incrementally 
amend the plan over time without the necessity of a major rewrite and 
will be central to the Commission's planning process. The Commission 
will specifically consider the need for substantive amendments on at 
least an annual basis. Consideration of substantive amendments will 
typically be made in concert with preparation of the annual budget 
request.
    (3) Technical revision. Technical revisions include changes that 
correct inadvertent errors or provide current information, other minor 
revisions that do not substantively modify the plan, or, changes in the 
particulars of one or more projects that do not change basic project 
goals and objectives nor substantively modify expected environmental 
effects. Technical revisions to projects might include, but are not 
limited to, changes in the list of participating organizations, changes 
in the exact location of certain project activities, and changes to 
specific tasks. Substitution of one project for another, or aggregation 
of projects, may also be considered a technical revision if the projects 
possess similar qualities and the action is supported by affected 
parties and the general public. Technical revisions do not constitute a 
formal amendment to the plan and do not require the notification and 
reporting procedures of a formal amendment. Affected agencies and 
interests must, however, be consulted, and the rationale for making the 
technical revision documented. The plan document will be corrected to 
reflect technical revisions, and a historical record kept in order to 
track the plan's evolution.
    (b) Public petitions. Agencies and members of the public have the 
right to, at any time, petition the Commission to open the plan to 
comprehensive or substantive amendments. Petitions must be made in 
writing and should state the specific reason why the action is 
requested. The petition may be accompanied by a specific project 
recommendation. The Commission will, during the public session of the 
next official Commission meeting, announce that such a petition has been 
received. The Commission may choose to vote on the petition at that time 
or to take the matter under advisement until the following Commission 
meeting at which time the Commission must vote to determine if the 
petition has merit. Following acceptance of a petition the Commission 
will promptly establish the procedures and schedule that will

[[Page 1007]]

be followed in considering amendments. Project recommendations made 
pursuant to a petition must be presented using the format described in 
Sec. 10005.18 and will be evaluated in the manner described in 
Sec. 10005.20. Proposals for technical amendments do not require a 
formal petition. Written requests for technical amendment will be acted 
upon by the Commission in a timely manner.



PART 10010--POLICIES AND PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents




     Subpart A--Protection and Enhancement of Environmental Quality

Sec.
10010.1  Purpose.
10010.2  Policy.
10010.3  General responsibilities.
10010.4  Consideration of environmental values.
10010.5  Consultation, coordination, and cooperation with other agencies 
          and organizations.
10010.6  Public involvement.
10010.7  Mandate.

                 Subpart B--Initiating the NEPA Process

10010.8  Purpose.
10010.9  Apply NEPA early.
10010.10  Whether to prepare an EIS.
10010.11  Lead agencies.
10010.12  Cooperating agencies.
10010.13  Scoping.
10010.14  Time limits.

                  Subpart C--Environmental Assessments

10010.15  Purpose.
10010.16  When to prepare.
10010.17  Public involvement.
10010.18  Content.
10010.19  Format.
10010.20  Adoption.

               Subpart D--Environmental Impact Statements

10010.21  Purpose.
10010.22  Statutory requirements.
10010.23  Timing.
10010.24  Page limits.
10010.25  Supplemental environmental impact statements.
10010.26  Format.
10010.27  Cover sheet.
10010.28  Summary.
10010.29  Purpose and need.
10010.30  Alternatives including the proposed action.
10010.31  Appendix.
10010.32  Tiering.
10010.33  Incorporation by reference of material into NEPA documents.
10010.34  Incomplete or unavailable information.
10010.35  Methodology and scientific accuracy.
10010.36  Environmental review and consultation requirements.
10010.37  Inviting comments.
10010.38  Response to comments.
10010.39  Elimination of duplication with state and local procedures.
10010.40  Combining documents.
10010.41  Commission responsibility.
10010.42  Public involvement.
10010.43  Further guidance.
10010.44  Proposals for legislation.
10010.45  Time periods.

               Subpart E--Relationship to Decision-Making

10010.46  Purpose.
10010.47  Pre-decision referrals to CEQ.
10010.48  Decision-making procedures.
10010.49  Record of decision.
10010.50  Implementing the decision.
10010.51  Limitations on actions.
10010.52  Timing of actions.
10010.53  Emergencies.

                  Subpart F--Managing the NEPA Process

10010.54  Purpose.
10010.55  Organization for environmental quality.
10010.56  Approval of EISs.
10010.57  List of specific compliance responsibilities.
10010.58  Information about the NEPA process.

 Subpart G--Actions Requiring an EIS and Actions Subject to Categorical 
                                Exclusion

10010.59  Purpose.
10010.60  Actions normally requiring an EIS.
10010.61  Actions subject to categorical exclusion.
10010.62  Exceptions to categorical exclusions.

    Authority:  43 U.S.C. 620k (note).

    Source:  61 FR 16721, Apr. 17, 1996, unless otherwise noted.

[[Page 1008]]



     Subpart A--Protection and Enhancement of Environmental Quality



Sec. 10010.1  Purpose.

    This Subpart establishes the Commission's policies for complying 
with Title 1 of the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321-4347) (NEPA); Section 2 of Executive Order 
11514, Protection and Enhancement of Environmental Quality, as amended 
by Executive Order 11991; and the regulations of the Council on 
Environmental Quality (CEQ) implementing the procedural provisions of 
NEPA (40 CFR parts 1500 through 1508).



Sec. 10010.2  Policy.

    It is the policy of the Commission:
    (a) To provide leadership in protecting and enhancing those aspects 
of the quality of the Nation's environment which relate to or may be 
affected by the Commission's policies, goals, programs, plans, or 
functions in furtherance of national environmental policy;
    (b) To use all practicable means to improve, coordinate, and direct 
its policies, plans, functions, programs, and resources in furtherance 
of national environmental goals;
    (c) To interpret and administer, to the fullest extent possible, the 
policies, regulations, and public laws of the United States administered 
by the Commission in accordance with the policies of NEPA;
    (d) To consider and give significant weight to environmental 
factors, along with other essential considerations, in developing 
proposals and making decisions in order to achieve a proper balance 
between the development and utilization of natural, cultural, and human 
resources and the protection and enhancement of environmental quality;
    (e) To consult, coordinate, and cooperate with other Federal 
agencies and State, local, and Indian tribal governments in the 
development and implementation of the Commission's plans and programs 
affecting environmental quality and, in turn, to provide to the fullest 
extent practicable, these entities with information concerning the 
environmental impacts of their respective plans and programs;
    (f) To provide, to the fullest extent practicable, timely 
information to the public to better assist in understanding the 
Commission's plans and programs affecting environmental quality and to 
facilitate their involvement in the development of such plans and 
programs; and
    (g) To cooperate with and assist the CEQ.



Sec. 10010.3  General responsibilities.

    The following responsibilities reflect the Commission's decision 
that the officials responsible for making program decisions are also 
responsible for taking the requirements of NEPA into account in those 
decisions and will be held accountable for that responsibility:
    (a) Executive Director. (1) Is the Commission's focal point on NEPA 
matters and is responsible for overseeing the Commission's 
implementation of NEPA.
    (2) Serves as the Commission's principle contact with the CEQ.
    (3) Assigns to Commission staff the responsibilities outlined in 
this part.
    (4) Must comply with the provisions of NEPA, E.O. 11514 as amended, 
the CEQ regulations, and this part.
    (5) Will interpret and administer, to the fullest extent possible, 
the policies, regulations, and public laws of the United States 
administered under the Commission's jurisdiction in accordance with the 
policies of NEPA.
    (6) Will continue to review the Commission's statutory authorities, 
administrative regulations, policies, programs, and procedures, in order 
to identify any deficiencies or inconsistencies therein which prohibit 
or limit full compliance with the intent, purpose, and provisions of 
NEPA and, in consultation with the Department of the Interior Office of 
the Solicitor, shall take or recommend, as appropriate, corrective 
actions as may be necessary to bring these authorities and policies into 
conformance with the intent, purpose, and procedures of NEPA.
    (7) Will monitor, evaluate, and control on a continuing basis the 
Commission's activities so as to protect and

[[Page 1009]]

enhance the quality of the environment. Such activities will include 
those directed to conserving and enhancing the environment and designed 
to accomplish other program objectives which may affect the quality of 
the environment. The Executive Director will develop programs and 
measures to protect and enhance environmental quality and assess 
progress in meeting the specific objectives of such activities as they 
affect the quality of the environment.
    (b) Members of the Commission. (1) Are responsible for compliance 
with NEPA, E.O. 11514, as amended, the CEQ regulations, and this part.
    (2) Will insure that, to the fullest extent possible, the policies, 
regulations, and public laws of the United States administered under the 
Commission's jurisdiction are interpreted and administered in accordance 
with the policies of NEPA.
    (c) Department of the Interior Office of the Solicitor. Is 
responsible for providing legal advice to the Commission regarding 
compliance with NEPA.



Sec. 10010.4  Consideration of environmental values.

    (a) In Commission management. (1) In the management of the natural, 
cultural, and human resources under its jurisdiction, the Commission 
must consider and balance a wide range of economic, environmental, and 
social objectives at the local, regional, and national levels, not all 
of which are quantifiable in comparable terms. In considering and 
balancing these objectives, Commission plans, proposals, and decisions 
often require recognition of complements and resolution of conflicts 
among interrelated uses of these natural, cultural, and human resources 
within technological, budgetary, and legal constraints.
    (2) Commission project reports, program proposals, issue papers, and 
other decision documents must carefully analyze the various objectives, 
resources, and constraints, and comprehensively and objectively evaluate 
the advantages and disadvantages of the proposed actions and their 
reasonable alternatives. Where appropriate, these documents will utilize 
and reference supporting and underlying economic, environmental, and 
other analyses.
    (3) The underlying environmental analyses will factually, 
objectively, and comprehensively analyze the environmental effects of 
proposed actions and their reasonable alternatives. They will 
systematically analyze the environmental impacts of alternatives, and 
particularly those alternatives and measures which would reduce, 
mitigate, or prevent adverse environmental impacts or which would 
enhance environmental quality.
    (b) In internally initiated proposals. Officials responsible for 
development or conduct of planning and decision making systems within 
the Commission shall incorporate to the maximum extent necessary 
environmental planning as an integral part of these systems in order to 
insure that environmental values and impacts are fully considered and in 
order to facilitate any necessary documentation of those considerations.
    (c) In externally initiated proposals. Officials responsible for 
development or conduct of grant, contract, or other externally initiated 
activities shall require applicants, to the extent necessary and 
practicable, to provide environmental information, analyses, and reports 
as an integral part of their applications. This will serve to encourage 
applicants to incorporate environmental considerations into their 
planning processes as well as provide the Commission with necessary 
information to meet its own environmental responsibilities.



Sec. 10010.5  Consultation, coordination, and cooperation with other agencies and organizations.

    (a) Commission plans and programs. (1) Officials responsible for 
planning or implementing Commission plans and programs will develop and 
utilize procedures to consult, coordinate, and cooperate with relevant 
State, local, and Indian tribal governments; other Federal agencies; and 
public and private organizations and individuals concerning the 
environmental effects of these plans and programs on their jurisdictions 
and/or interests.
    (2) The Commission will utilize, to the maximum extent possible, 
existing

[[Page 1010]]

notification, coordination, and review mechanisms established by the 
Office of Management and Budget, the Water Resource Council, and CEQ. 
However, use of these mechanisms must not be a substitute for early and 
positive consultation, coordination, and cooperation with others, 
especially State, local, and Indian tribal governments.
    (b) Other Commission activities. (1) Technical assistance, advice, 
data, and information useful in restoring, maintaining, and enhancing 
the quality of the environment will be made available to other Federal 
agencies, State, local, and Indian tribal governments, institutions, and 
individuals as appropriate.
    (2) Information regarding existing or potential environmental 
problems and control methods developed as a part of research, 
development, demonstration, test, or evaluation activities will be made 
available to other Federal agencies, State, local, and Indian tribal 
governments, institutions and other entities as appropriate.
    (c) Plans and programs of other agencies and organizations. (1) 
Officials responsible for protecting, conserving, developing, or 
managing resources under the Commission's jurisdiction shall coordinate 
and cooperate with State, local and Indian tribal governments, other 
Federal agencies, and public and private organizations and individuals, 
and provide them with timely information concerning the environmental 
effects of these entities' plans and programs.
    (2) The Commission will participate early in applicable planning 
processes of other agencies and organizations in order to ensure full 
cooperation with and understanding of the Commission's programs and 
interests in natural, cultural, and human resources.
    (3) The Commission will utilize to the fullest extent possible, 
existing review mechanisms to avoid unnecessary duplication of effort 
and to avoid confusion by other organizations.



Sec. 10010.6  Public involvement.

    The Commission will develop and utilize procedures to ensure the 
fullest practicable provision of timely public information and 
understanding of its plans and programs including information on the 
environmental impacts of alternative courses of action. These procedures 
will include, wherever appropriate, provision for public meetings or 
hearings in order to obtain the views of interested parties. The 
Commission will also encourage State and local agencies and Indian 
tribal governments to adopt similar procedures for informing the public 
concerning their activities affecting the quality of the environment.



Sec. 10010.7  Mandate.

    (a) This part provides instructions for complying with NEPA and 
Executive Order 11514, Protection and Enhancement of Environmental 
Quality, as amended by Executive Order 11991.
    (b) The Commission hereby adopts the regulations of the CEQ, 
implementing the procedural provisions of NEPA (sec. 102(2)(C)) except 
where compliance would be inconsistent with other statutory 
requirements. In the case of any apparent discrepancies between these 
procedures and the mandatory provisions of the CEQ regulations the 
regulations shall govern.
    (c) Instructions supplementing the CEQ regulations are provided in 
subparts B through G of this part. Citations in brackets refer to the 
CEQ regulations. In addition, the Commission may prepare a handbook or 
other technical guidance, or adopt an appropriate handbook or guidance 
prepared by another agency, for its personnel on how to apply this part 
to principal programs.



                 Subpart B--Initiating the NEPA Process



Sec. 10010.8  Purpose.

    This subpart provides supplemental instructions for implementing 
those portions of the CEQ regulations pertaining to initiating the NEPA 
process (40 CFR Parts 1501 through 1506).



Sec. 10010.9  Apply NEPA early.

    (a) The Commission will initiate early consultation and coordination 
with other Federal agencies having jurisdiction by law or special 
expertise with respect to any environmental impact involved, and with 
appropriate Federal, State, local and Indian tribal

[[Page 1011]]

agencies authorized to develop and enforce environmental standards.
    (b) The Commission will also consult early with interested private 
parties and organizations, including when the Commission's own 
involvement is reasonably foreseeable in a private or non-Federal 
application.
    (c) The Commission will insure that applicants are informed of any 
environmental information required, to be included in their applications 
and of any consultation with other Federal agencies, and State, local or 
Indian tribal governments required prior to making the application.



Sec. 10010.10  Whether to prepare an EIS.

    (a) Categorical exclusions (CX) (40 CFR 1508.4).
    (1) The following criteria will be used to determine categories of 
actions to be excluded from preparation of an EA or EIS:
    (i) Analysis or experience shows that the action or group of actions 
would have no significant effect on the quality of the human 
environment; and
    (ii) The action or group of actions would not involve unresolved 
conflicts concerning alternative uses of available resources.
    (2) Based on the criteria in paragraph (a)(1) of this section, the 
categories of actions listed in subpart G of this part are excluded from 
the preparation of an EA or EIS.
    (3) The exceptions listed in subpart G of this part apply to 
individual actions subject to CX. Appropriate environmental documents 
must be prepared for any actions involving these exceptions.
    (4) Notwithstanding the criteria, exclusions, and exceptions in 
paragraphs (a)(1) through (3), extraordinary circumstances may dictate 
or a responsible Commission official may decide to prepare an 
environmental document to assist with decision-making.
    (b) Environmental Assessment (EA) (40 CFR 1508.9). Procedures 
regarding preparation of an EA are addressed in subpart C of this part.
    (c) Finding of No Significant Impact (FONSI) (40 CFR 1508.13). A 
FONSI will be prepared as a separate document based upon analysis of an 
EA and a determination that the proposed action will have no significant 
environmental impact.
    (d) Notice of Intent (NOI) (40 CFR 1508.22). A NOI will be prepared 
as soon as practicable after a decision to prepare an environmental 
impact statement and shall be published in the Federal Register and made 
available to the affected public in accordance with 40 CFR 1506.6. 
Publication of a NOI may be delayed if there is proposed to be more than 
three (3) months between the decision to prepare an environmental impact 
statement and the time preparation is actually initiated. The Commission 
will periodically publish a consolidated list of these notices in the 
Federal Register.
    (e) Environmental Impact Statement (EIS) (40 CFR 1508.11). 
Decisions/actions which would normally require the preparation of an EIS 
are identified in subpart G of this part. Procedures regarding 
preparation of an EIS are addressed in subpart D of this part.



Sec. 10010.11  Lead agencies.

    (a) The Commission will serve as lead, or, as appropriate, joint-
lead agency for any NEPA procedure that is sponsored by or otherwise 
significantly involves the Commission.
    (b) The Commission will inform the Office of the Solicitor of any 
agreements to assume lead or joint-lead agency status.
    (c) A non-Federal agency may be designated as a joint lead agency if 
it has a duty to comply with a local or State environmental review 
requirement. Any non-Federal agency may be a cooperating agency by 
agreement. The Commission will consult with the Office of the Solicitor 
in cases where such non-Federal agencies are also applicants before the 
Commission to determine joint-lead agency responsibilities.



Sec. 10010.12  Cooperating agencies.

    (a) The Commission will adhere to CEQ directives both in the 
designation of cooperating agencies for Commission sponsored NEPA 
procedures and in seeking designation as a cooperating agency for 
procedures sponsored by others. Any non-Federal agency may be a 
cooperating agency in Commission NEPA proceedings by agreement. The

[[Page 1012]]

Commission will consult with the Office of the Solicitor in cases where 
such non-Federal agencies are also applicants before the Commission to 
determine cooperating agency responsibilities.
    (b) The Commission will inform the Office of the Solicitor of any 
agreements to assume cooperating agency status or any declinations 
pursuant to 40 CFR 1501.6 (c).



Sec. 10010.13  Scoping.

    (a) The invitation requirement in 40 CFR 1501.7(a)(1) may be 
satisfied by including such an invitation in the NOI.
    (b) If a scoping meeting is held, consensus is desirable; however, 
the lead agency is ultimately responsible for the scope of an EIS. In 
the case of procedures involving joint-lead agencies, all joint-lead 
agencies share this responsibility.



Sec. 10010.14  Time limits.

    When time limits are established to prepare an environmental 
document they should reflect the availability of personnel and funds.



                  Subpart C--Environmental Assessments



Sec. 10010.15  Purpose.

    This subpart provides supplemental instructions for implementing 
those portions of the CEQ regulations pertaining to environmental 
assessments (EA).



Sec. 10010.16  When to prepare.

    (a) An EA will be prepared for all actions, except those categories 
of action excluded from documentation or addressed adequately by a 
previous environmental document, or for those actions for which a 
decision has already been made to prepare an EIS. The purpose of such an 
EA is to allow the responsible official to determine whether to prepare 
an EIS.
    (b) In addition, an EA may be prepared on any action at any time in 
order to assist in planning and decision making.



Sec. 10010.17  Public involvement.

    (a) The public may be involved in the EA process when appropriate. 
Public notification will be made of the availability of an EA document 
(40 CFR 1506.6).
    (b) The scoping process may be applied to an EA (40 CFR 1501.7).



Sec. 10010.18  Content.

    (a) At a minimum, an EA will include brief discussions of the need 
for the proposal, of alternatives as required by section 102(2)(E) of 
NEPA, of the environmental impacts of the proposed action and such 
alternatives, and a listing of agencies and persons consulted (40 CFR 
1508.9(b)).
    (b) In addition, an EA may be expanded to more fully describe the 
proposal and a broader range of alternatives if this facilitates 
planning and decision making.
    (c) The level of detail and depth of impact analysis should normally 
be limited to that needed to determine whether there are significant 
environmental effects.
    (d) An EA will contain objective and credible analyses which support 
its environmental impact conclusions. It will not, in and of itself, 
conclude whether or not an EIS will be prepared. This conclusion will be 
made upon review of the EA by the responsible official and documented in 
either a NOI or FONSI.



Sec. 10010.19  Format.

    (a) An EA may be prepared in any format useful to facilitate 
planning and decision making.
    (b) An EA may be combined with any other planning or decision making 
document; however, that portion which analyzes the environmental impacts 
of the proposal and alternatives will be clearly and separately 
identified and not spread throughout or interwoven into other sections 
of the document.



Sec. 10010.20  Adoption.

    (a) An EA prepared for a proposal before the Commission by another 
agency, entity or person, including an applicant, may be adopted if, 
upon independent evaluation by the responsible

[[Page 1013]]

Commission official, it is found to comply with this part and relevant 
provisions of the CEQ regulations.
    (b) When appropriate and efficient, a responsible Commission 
official may augment such an EA when it is essentially, but not 
entirely, in compliance in order to make it so.
    (c) If an EA or augmented EA is adopted, the responsible Commission 
official must prepare his/her own NOI or FONSI which also acknowledges 
the origin of the EA and takes full responsibility for its scope and 
content.



               Subpart D--Environmental Impact Statements



Sec. 10010.21  Purpose.

    This subpart provides supplemental instructions for implementing 
those portions of the CEQ regulations pertaining to environmental impact 
statements (EIS).



Sec. 10010.22  Statutory requirements.

    NEPA requires that an EIS be prepared by the responsible Federal 
official. This official is normally the lowest-level official who has 
overall responsibility for formulating, reviewing, or proposing an 
action or, alternatively, has been delegated the authority or 
responsibility to develop, approve, or adopt a proposal or action. 
Preparation at this level will ensure that the NEPA process will be 
incorporated into the planning process and that the EIS will accompany 
the proposal through existing review processes.



Sec. 10010.23  Timing.

    (a) The feasibility analysis (go/no-go) stage, at which time an EIS 
is to be completed, is to be interpreted as the stage prior to the first 
point of major commitment to the proposal.
    (b) An EIS need not be commenced until an application is essentially 
complete; e.g., any required environmental information is submitted, any 
consultation required with other agencies has been conducted, and any 
required advance funding is paid by the applicant or other appropriate 
party.



Sec. 10010.24  Page limits.

    An EIS should be as brief as possible and still convey the required 
information. Normally this should be accomplished in less than 150 
pages, though documents of up to 300 pages are acceptable for more 
comprehensive issues. Where the text of an EIS for a complex proposal or 
group of proposals appears to require more than the normally prescribed 
limit of 300 pages, the Commission will ensure that the length of such 
statements is no greater than necessary to comply with NEPA, the CEQ 
regulations, and this part.



Sec. 10010.25  Supplemental environmental impact statements.

    (a) Supplement Environmental Impact Statements (SEIS) are only 
required if such changes in the proposed action or alternatives, new 
circumstances, or resultant significant effects are not adequately 
analyzed in the previously prepared EIS.
    (b) The Commission will consult with the Office of the Solicitor 
prior to proposing to CEQ to prepare a final supplement without 
preparing an intervening draft.
    (c) If, after a Record of Decision has been executed based on a 
final EIS, a described proposal is further refined or modified and if 
there are only minor changes in effects or they are still within the 
scope of the earlier EIS, an EA and FONSI may be prepared for subsequent 
decisions rather than a SEIS. As identified in Sec. 10010.61(b)(1)(i), 
changes having no potential for significant environmental impact are 
categorically excluded from environmental documentation requirements.



Sec. 10010.26  Format.

    (a) Proposed departures from the standard format described in the 
CEQ regulations and this part must be approved by the Executive 
Director.
    (b) The section listing the preparers of the EIS will also include 
other sources of information, including a bibliography or list of cited 
references, when appropriate.

[[Page 1014]]

    (c) The section listing the distribution of the EIS will also 
briefly describe the consultation and public involvement processes 
utilized in planning the proposal and in preparing the EIS, if this 
information is not discussed elsewhere in the document.
    (d) If CEQ's standard format is not used or if the EIS is combined 
with another planning or decision making document, the section which 
analyzes the environmental consequences of the proposal and its 
alternatives will be clearly and separately identified and not 
interwoven into other portions of or spread throughout the document.



Sec. 10010.27  Cover sheet.

    The cover sheet will indicate whether the EIS intended to serve any 
other environmental review or consultation requirements pursuant to 40 
CFR 1502.25.



Sec. 10010.28  Summary.

    The emphasis in the summary should be on those considerations, 
controversies, and issues which significantly affect the quality of the 
human environment.



Sec. 10010.29  Purpose and need.

    The purpose and need section may introduce a number of factors, 
including economic and technical considerations and Commission statutory 
missions, which may be outside the scope of the EIS. Care should be 
taken to insure an objective presentation and not a justification.



Sec. 10010.30  Alternatives including the proposed action.

    (a) As a general rule, the following guidance will apply:
    (1) For internally initiated proposals; i.e., for those cases where 
the Commission conducts or controls the planning process, both the draft 
and final EIS shall identify the Commission's proposed action, or 
preferred alternative.
    (2) For externally initiated proposals; i.e., for those cases where 
the Commission is reacting to an application or similar request, the 
draft and final EIS shall identify the applicant's proposed action and 
the Commission's preferred alternative unless another law prohibits such 
an expression.
    (3) Proposed departures from this guidance must be approved by the 
Executive Director and the Office of the Solicitor.
    (b) Mitigation measures to offset adverse effects of the proposed 
action or its alternatives are not necessarily independent of these 
actions and should be incorporated into and analyzed as a part of the 
proposal and appropriate alternatives. Where appropriate, major 
mitigation measures may be identified and analyzed as separate 
alternatives in and of themselves where the environmental consequences 
are distinct and significant enough to warrant separate evaluation.



Sec. 10010.31  Appendix.

    If an EIS is intended to serve other environmental review or 
consultation requirements pursuant to 40 CFR 1502.25, any more detailed 
information needed to comply with these requirements may be included as 
an appendix.



Sec. 10010.32  Tiering.

    An environmental document prepared by or for the Commission may 
incorporate by reference, either in part or in its entirety, an earlier 
environmental impact statement or environmental assessment when the 
subject matter of the earlier document is directly applicable. The 
Commission may also choose to prepare, or cause to have prepared, a 
broad environmental document to cover an entire program or, 
alternatively, a series of projects within a distinct geographic area, 
with the intent of later undertaking project-specific documentation and 
``tiering'' to the more general statement or assessment.



Sec. 10010.33  Incorporation by reference of material into NEPA documents.

    Citations of specific topics will include the pertinent page 
numbers. All literature references will be listed in the bibliography.



Sec. 10010.34  Incomplete or unavailable information.

    The references to overall costs in 40 CFR 1502.22 of the CEQ 
regulations are not limited to market costs, but may also include other 
costs such as social costs due to delay.

[[Page 1015]]



Sec. 10010.35  Methodology and scientific accuracy.

    Conclusions about environmental effects will be preceded by an 
analysis that supports that conclusion unless explicit reference by 
footnote is made to other supporting documentation that is readily 
available to the public.



Sec. 10010.36  Environmental review and consultation requirements.

    (a) The Commission will maintain a list of applicable environmental 
review and consultation requirements pursuant to other federal or state 
laws and regulations and will make this available to interested parties.
    (b) If the EIS is intended to serve as the vehicle to fully or 
partially comply with the requirements of other federal or state laws 
and regulations, the associated analyses, studies, or surveys will be 
identified as such and discussed in the text of the EIS and the cover 
sheet will so indicate. Any supporting analyses or reports to the NEPA 
documents will be incorporated by reference or included as an appendix 
and shall be sent to reviewing agencies as appropriate in accordance 
with applicable regulations or procedures.



Sec. 10010.37  Inviting comments.

    (a) Comments from State agencies will be requested through 
procedures established by the Governor pursuant to Executive Order 
12372, and may be requested from local agencies through these procedures 
to the extent that they include the affected local jurisdictions.
    (b) When the proposed action may affect the environment of an Indian 
reservation, comments will be requested from the Indian tribe through 
the tribal governing body, unless the tribal governing body has 
designated an alternate review process.



Sec. 10010.38  Response to comments.

    (a) Preparation of a final EIS need not be delayed in those cases 
where a Federal agency, from which comments are required to be obtained 
(40 CFR 1503.1(a)(l)), does not comment within the prescribed time 
period. Informal attempts will be made to determine the status of any 
such comments and every reasonable attempt should be made to include the 
comments and a response in the final EIS.
    (b) When other commentors are late, their comments should be 
included in the final EIS to the extent practicable.



Sec. 10010.39  Elimination of duplication with state and local procedures.

    The Commission will incorporate in its appropriate program 
regulations provisions for the preparation of an EIS by a State agency 
to the extent authorized in section 102(2)(D) of NEPA.



Sec. 10010.40  Combining documents.

    Incorporating documentation requirements of other environmental 
regulations into an EIS is both acceptable and desirable. If the EIS is 
combined with another planning or decision making document, the section 
which analyzes the environmental consequences of the proposal and its 
alternatives will be clearly and separately identified and not 
interwoven into other portions of or spread throughout the document.



Sec. 10010.41  Commission responsibility.

    A Commission sponsored environmental document may be prepared by the 
Commission, a joint-lead agency, a contractor selected or approved by 
the Commission, or, when appropriate, a cooperating agency. Regardless, 
the Commission has the responsibility to independently evaluate and draw 
appropriate conclusions. Following the Commission's preparation or 
independent evaluation of and assumption of responsibility for an 
environmental document, an applicant may print it provided the applicant 
is bearing the cost of the document pursuant to other laws.



Sec. 10010.42  Public involvement.

    The Commission will adhere to CEQ requirements regarding the use of 
public notices, public meetings, public review of NEPA documents, and 
other techniques to ensure that the public has ample opportunity to 
provide input into the proceedings and to ensure that the Commission 
will give due consideration to this input.

[[Page 1016]]



Sec. 10010.43  Further guidance.

    The Commission may provide further guidance concerning NEPA pursuant 
to its organizational responsibilities and through supplemental 
directives.



Sec. 10010.44  Proposals for legislation.

    (a) When appropriate, the Commission shall identify in the annual 
submittal to the Office of Management and Budget of the Commission's 
proposed legislative program any requirements for and the status of any 
environmental documents.
    (b) When required, the Commission shall ensure that a legislative 
EIS is included as a part of the formal transmittal of a legislative 
proposal to the Congress.



Sec. 10010.45  Time periods.

    (a) The minimum review period for a draft EIS will be sixty (60) 
days from the date of transmittal to the Environmental Protection 
Agency.
    (b) The Commission will be responsible for consulting with the 
Environmental Protection Agency and/or CEQ about any proposed reductions 
in time periods or any extensions of time periods proposed by those 
agencies.



               Subpart E--Relationship to Decision-Making



Sec. 10010.46  Purpose.

    This subpart provides supplementary instructions for implementing 
those portions of the CEQ regulations pertaining to decision-making.



Sec. 10010.47  Pre-decision referrals to CEQ.

    (a) Upon receipt of advice that another Federal agency intends to 
refer a Commission matter to CEQ, the Commission will immediately meet 
with that Federal agency to attempt to resolve the issues raised.
    (b) Upon any referral of a Commission matter to CEQ by another 
Federal agency, the Executive Director will be responsible for 
coordinating the Commission's position.



Sec. 10010.48  Decision-making procedures.

    (a) Procedures by which the Commission makes decisions are specified 
in 43 CFR part 10000.
    (b) The Commission will incorporate in its formal decision-making 
procedures provisions for consideration of environmental factors and 
relevant environmental documents. The major decision points for 
principal programs likely to have significant environmental effects will 
be clearly identified.
    (c) Relevant environmental documents, including supplements, will be 
included as part of the record in formal rule making or adjudicatory 
proceedings.
    (d) Relevant environmental documents, comments, and responses will 
accompany proposals through existing review processes so that Commission 
officials use them in making decisions.
    (e) The decision-maker will consider the environmental impacts of 
the entire range of alternatives described in any relevant environmental 
document; the range of these alternatives must encompass the actual 
alternatives considered by the decision-maker.



Sec. 10010.49  Record of decision.

    (a) Any decision documents prepared for proposals involving an EIS 
may incorporate all appropriate provisions of 40 CFR 1505.2 (b) and (c).
    (b) If a decision document incorporating these provisions is made 
available to the public following a decision, it will serve the purpose 
of a record of decision.



Sec. 10010.50  Implementing the decision.

    The terms ``monitoring'' and ``conditions'' in 40 CFR 1505.3 of the 
CEQ regulations will be interpreted as being relevant to factors 
affecting the quality of the human environment.



Sec. 10010.51  Limitations on actions.

    The Executive Director will notify the Chairman of the Commission 
and the Office of the Solicitor of any situations where Commission or 
applicant action would, if taken prior to completion of a NEPA 
proceeding, potentially

[[Page 1017]]

have an adverse environmental impact or limit the choice of reasonable 
alternatives.



Sec. 10010.52  Timing of actions.

    The Commission will consult with the Office of the Solicitor before 
making any request for reducing the time period before a decision or 
action.



Sec. 10010.53  Emergencies.

    In the event of an unanticipated emergency situation, the Commission 
will immediately take any necessary action to prevent or reduce risks to 
public health or safety or serious resource losses and then 
expeditiously consult with the Office of the Solicitor about compliance 
with NEPA. The Commission will also be responsible for consulting with 
CEQ.



                  Subpart F--Managing the NEPA Process



Sec. 10010.54  Purpose.

    This subpart provides supplemental instruction for implementing 
those provisions for the CEQ regulations pertaining to procedures for 
implementing and managing the NEPA process.



Sec. 10010.55  Organization for environmental quality.

    (a) Executive Director. The Executive Director is responsible for 
providing advice and assistance to the Commission on matters pertaining 
to environmental quality and for overseeing and coordinating the 
Commission's compliance with NEPA, Executive Order 11514 as amended by 
Executive Order 11991, the CEQ regulations, and this part.
    (b) NEPA Coordinator. The Executive Director will designate 
organizational elements or individuals, as appropriate, to be 
responsible for overseeing matters pertaining to the environmental 
effects of the Commission's plans and programs. The individual(s) 
assigned these responsibilities should have management experience or 
potential, understand the Commission's planning and decision making 
processes, and be well trained in environmental matters, including the 
Commission's policies and procedures so that his/her/their advice has 
significance in the Commission's planning and decisions.



Sec. 10010.56  Approval of EISs.

    The Chairman of the Commission (Chairman), acting on the part of the 
full Commission, is authorized to approve an EIS. The Chairman may 
further assign the authority to approve the EIS if he or she chooses. 
The Executive Director will make certain that there are adequate 
safeguards to assure that EISs and other environmental documents comply 
with NEPA, the CEQ regulations, this part, and other relevant Commission 
procedures.



Sec. 10010.57  List of specific compliance responsibilities.

    (a) The Commission staff shall:
    (1) As deemed necessary, prepare a NEPA handbook or adapt applicable 
materials prepared by other agencies, providing guidance on how to 
implement NEPA in principal program areas.
    (2) Prepare program regulations or directives for applicants.
    (3) Propose categorical exclusions.
    (4) Prepare EAs.
    (5) Recommend whether to prepare an EIS.
    (6) Prepare NOIs and FONSIs.
    (7) Prepare EISs.
    (b) The Executive Director shall:
    (1) Approve agency handbooks and other NEPA guidance.
    (2) Approve regulations or directives for applicants.
    (3) Approve categorical exclusions.
    (4) Approve EAs.
    (5) Decide whether to prepare an EIS.
    (6) Approve NOIs and FONSIs.
    (7) Make recommendations regarding the adequacy of EISs.
    (c) The Chairman of the Commission, acting on behalf of the full 
Commission, shall:
    (1) Concur with regulations or directives for applicants.
    (2) Concur with EAs.
    (3) Approve EISs.



Sec. 10010.58  Information about the NEPA process.

    The Executive Director will identify staff contacts where 
information about the NEPA process and the status of EISs may be 
obtained.

[[Page 1018]]



 Subpart G--Actions Requiring an EIS and Actions Subject to Categorical 
                                Exclusion



Sec. 10010.59  Purpose.

    This subpart provides supplemental instruction for determining major 
actions requiring an EIS and for determining actions that are 
categorically excluded from NEPA.



Sec. 10010.60  Actions normally requiring an EIS.

    (a) The following proposals will normally require the preparation of 
an EIS:
    (1) Establishment of major new refuges or wildlife management areas, 
fish hatcheries, and major additions to such installations.
    (2) Master development and/or management plans for major new 
installations.
    (3) Management plans for established installations where major new 
developments or substantial changes in management practices are 
proposed.
    (b) If for any of these proposals it is initially decided not to 
prepare an EIS, an EA will be prepared in accordance with 40 CFR 
1501.4(e)(2).



Sec. 10010.61  Actions subject to categorical exclusion.

    (a) General categorical exclusions. The following actions are 
categorical exclusions (CX). However, environmental documents will be 
prepared for individual actions subject to CX if the exceptions listed 
in Sec. 10010.62 apply.
    (1) Personnel actions and investigations and personnel services 
contracts.
    (2) Internal organizational charges and facility and office 
reductions and closings.
    (3) Routine financial transactions, including such things as 
salaries and expenses, procurement contracts, guarantees, financial 
assistance, income transfers, audits, fees, bonds and royalties.
    (4) Legal transactions, including such things as investigations, 
patents, claims, legal opinions, and judicial activities including their 
initiation, processing, settlement, appeal or compliance.
    (5) Monitoring actions, including inspections, assessments, 
administrative hearings and decisions; when the regulations themselves 
or the instruments of regulations (leases, permits, licences, etc.) have 
previously been covered by the NEPA process or exempt from it.
    (6) Non-destructive data collection, inventory (including field, 
aerial and satellite surveying and mapping), study, and research 
activities.
    (7) Routine and continuing government business, including such 
things as supervision, administration, activities having limited context 
and intensity, for example, activities of limited size and magnitude of 
short-term effects.
    (8) Management formulation, allocation, transfer and reprogramming 
of the Commission's budget at all levels. This does not exclude the 
preparation of environmental documents for proposals included in the 
budget when otherwise required.
    (9) Legislative proposals of an administrative or technical nature, 
including such things as changes in authorizations for appropriations, 
and minor boundary changes and land transactions; or having primarily 
economic, social, individual or institutional effects; and comments and 
reports on referrals of legislative proposals.
    (10) Policies, directives, regulations, and guidelines of an 
administrative, financial, legal, technical, or procedural nature; or 
the environmental effects of which are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis and will be 
subject later to the NEPA process, either collectively or case-by-case.
    (11) Activities which are educational, informational, advisory or 
consultative to other agencies, public and private entities, visitors, 
individuals or the general public.
    (12) Cooperative agreements and interagency agreements.
    (b) Specific categorical exclusions. The following actions are 
categorical exclusions (CX).
    (1) General:
    (i) Changes or amendments to an approved action when such changes 
have no potential for causing substantial environmental impact.
    (ii) Personnel training, environmental interpretation, public safety 
efforts and other educational activities.

[[Page 1019]]

    (iii) The issuance and modification of procedures, including 
manuals, orders and field rules, when the impacts are limited to 
administrative or technological effects.
    (iv) The acquisition of land or water rights in accordance with the 
Commission's procedures, when the acquisition is from a willing seller, 
the acquisition planning process has been performed in coordination with 
the affected public and essentially the existing use will be continued.
    (2) Resource management:
    (i) Research, inventory and information collection activities 
directly related to the conservation of fish and wildlife resources 
which involve negligible animal mortality or habitat destruction, and no 
introduction of either exotic organisms or contaminants.
    (ii) The operation, maintenance and management of existing 
facilities and improvements (i.e. structures, roads), including 
renovations and replacements which result in no or only minor changes in 
the capacity, use or purpose of the affected facilities.
    (iii) The addition of small structures or improvements in the area 
of existing facilities, which result in no or only minor changes in the 
capacity, use or purpose of the affected area.
    (iv) The reintroduction (stocking) of native or established species 
into suitable habitat within their historic or established range.
    (v) Minor changes in the amounts or types of public use on 
Commission managed land or land acquired with Commission funds, in 
accordance with existing regulations, management plans and procedures.
    (vi) Consultation and technical assistance activities directly 
related to the conservation of fish and wildlife resources.
    (3) Use of Commission-managed or funded lands:
    (i) The issuance of special approvals for public use of Commission-
managed land or land acquired with Commission funds, which maintains 
essentially the same level of use and does not continue a level of use 
that has resulted in adverse environmental effects.
    (ii) Permitting a limited additional use of an existing right-of-way 
over Commission-managed land or land acquired with Commission funds, 
such as the addition of new power or telephone lines where no new 
structures or improvements are required, or the addition of buried 
lines.
    (iii) The issuance or reissuance of rights-of-way and special use 
approvals for Commission-managed land or land acquired with Commission 
funds that result in no or negligible environmental effects.
    (iv) The reissuance of grazing or agricultural use approvals for 
Commission-managed land or land acquired with Commission funds which do 
not increase the level of use nor continue a level of use that has 
resulted in adverse environmental effects.
    (4) Funding for activities by others:
    (i) Planning grants or other funding for planning activities and the 
administrative determination that plans were prepared in accordance with 
prescribed standards. However, when the plan is submitted to the 
Commission for implementation, the program proposed by the plan is 
subject to the NEPA process.
    (ii) Grants or other funding for categorically excluded actions 
listed in paragraphs (b) (1) through (3) of this section.
    (5) Inter-agency Initiatives: Actions where the Commission has 
concurrence or co-approval with another agency and the action is a 
categorical exclusion for that agency.
    (6) Transfer of the operations and maintenance of Federal lands, 
water, or facilities to water districts, recreation agencies, fish and 
wildlife agencies, or other entities where the anticipated operation and 
maintenance activities are agreed to in a contract or a memorandum of 
agreement, follow approved Commission policy, and no major change in 
operation and maintenance is anticipated or a proposed major change in 
operation and maintenance has previously been the subject of an 
appropriate NEPA document.



Sec. 10010.62  Exceptions to categorical exclusions.

    The following exceptions apply to individual actions within 
categorical exclusions (CX). Environmental documents must be prepared 
for actions which may:

[[Page 1020]]

    (a) Have significant adverse effects on public health or safety.
    (b) Have adverse effects on such unique geographic characteristics 
as historic or cultural resources, parks, recreation or refuge lands, 
wilderness areas, wild or scenic rivers, sole or principal drinking 
water aquifers, prime farmlands, wetlands, floodplains, or ecologically 
significant or critical areas, including those listed on the Department 
of the Interior's National Register of Natural Landmarks.
    (c) Have highly controversial environmental effects.
    (d) Have highly uncertain and potentially significant environmental 
effects or involve unique or unknown environmental risks.
    (e) Establish a precedent for future action or represent a decision 
in principle about future actions with potentially significant 
environmental effects.
    (f) Be directly related to other actions with individually 
insignificant but cumulatively significant environmental effects.
    (g) Have adverse effects on properties listed or eligible for 
listing on the National Register of Historic Places.
    (h) Have adverse effects on species listed or proposed to be listed 
on the List of Endangered or Threatened Species, or have adverse effects 
on designated Critical Habitat for these species.
    (i) Require compliance with Executive Order 12988 (Floodplain 
Management), Executive Order 11990 (Protection of Wetlands), or the Fish 
and Wildlife Coordination Act. However, an action may be categorically 
excluded following applicable reviews if the action is found to be in 
conformance with the applicable law or executive order.
    (j) Threaten to violate a Federal, State, local or tribal law or 
requirement imposed for the protection of the environment.
[[Page 1021]]


                              FINDING AIDS





  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.
  Index
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 1023]]



                                  INDEX

                         (AS OF OCTOBER 1, 1997)

Editorial Note:  This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Bureau of Land 
Management, Department of the Interior.


A-----------------------------------------------------------------------


Acquired lands:
Mineral collection permits
Sec. 3560.7
Mineral leasing (coal only)
Part 3400
Mineral leasing (oil and gas)
Sec. 3101.2-2
Mineral leasing (other than oil and gas, coal, oil shale, tar sand)
Part 3500, et seq.
Acquisitions (donations and purchases)
Subtitle A, Part 8; Part 2130
Acreage limitations (geothermal)
Sec. 3201.2
Acreage limitations (oil and gas)
Sec. 3101.2
Activity planning in coal leasing process
Sec. 3420.3
Adjudication, equitable
Sec. 1871.1
Adjudication principles and procedures
Subpart 1871
Adverse claims, mineral
Part 3870
Airports:
Airport and Airway Improvement Act
Part 2640
Leases
Subpart 2911
Segregative effect of application
Sec. 2911.2-3, 2641.3
Alaska Native Selections
Part 2650
Federal Installations
Subpart 2655
General
Subpart 2650
Miscellaneous Selections
Subpart 2653
Native Reserves
Subpart 2654
Regional Selections
Subpart 2652
Village Selections
Subpart 2651
Alaska Public Sale Act
Subpart 3822
Allotment:
Grazing allotment management plan
Sec. 4120.2
Indian allotments
Part 2530
Native Allotments in Alaska
Part 2650
Segregative effect of application (Alaska)
Sec. 2091.2-1
Antiquities Act
Subtitle A, Part 3
Appeals
Sec. 1840.1; Subtitle A, Part 4
Coal
Secs. 3410.3-2(g)(2), 3430.5-2, 3451.2(d), 3486.4
Geothermal
Sec. 3266.1
Oil and gas
Secs. 3101.7-3, 3165.4 3120.1-3, 3000.4
Oil and gas units
Sec. 3185.1
Rights-of-way
Subparts 2804 and 2884
Special recreation permits
Sec. 8372.6
Wild free-roaming horses and burros
Sec. 4770.3
Applications:
General procedures
Part 1820
Geothermal Drilling
Secs. 3264.2
Geothermal--unit agreement
Subpart 3281
Grazing--Alaska--Livestock
Sec. 4220.2
Grazing--Alaska--Reindeer
Sec. 4320.1
Grazing--Exclusive of Alaska
Sec. 4130.1

[[Page 1024]]

Lands in more than one land district
Sec. 1821.5
Minerals--Leases (coal)
Part 3400, et seq.
Minerals--Leases (oil and gas)
Part 3100, et seq.
Minerals--Leases (other than oil and gas, coal, oil shale, tar sand)
Part 3500, et seq.
Minerals-prospecting permits
Group 3500
Notations of rights-of-way
Sec. 1821.4
Oil and gas drilling
Sec. 3162.3-1
Oil and gas unit agreement
Subpart 3181
Oil and gas geophysical exploration--Alaska
Sec. 3152.1
Reinstatement of canceled entries
Sec. 1826.1
Repayments
Secs. 1822.2-1, 1822.3-4
Rights-of-way
Subparts 2802 and 2882
Special recreation permit
Sec. 8372.2
Time limit for filing documents
Sec. 1821.2-2
Archaeological Resources Protection Act
Subtitle A, Part 7
Areas:
Critical environmental concern, areas of
Sec. 1610.7-2
Designated national
Subpart 8351
Designation, areas and trails (off-road vehicles)
Subpart 8342
Developed sites and rules of conduct
Sec. 8365
Management
Part 8350
Research natural
Subpart 8223
Use authorizations
Part 8370
Unsuitable for surface mining
Sec. 1610.7-1
Wilderness
Part 8560
Arkansas--erroneously meandered lands
Subpart 2543
Asphalt in Oklahoma
Part 3570
Asphalt leases
Part 3570
Assessments work--annual filings
Part 3833
Assignments and/or transfers:
Coal
Subpart 3453
Geothermal
Subpart 3241
Grazing preference
Sec. 4110.2-3
Mining claims
Sec. 3833.3
Oil and gas
Subparts 3106, 3135
Other minerals
Subpart 3506
Rights-of-way
Sec. 2803.6-3
Authority to bind government
Sec. 1810.3
Authorizations, Recreation Use
Part 8370
Availability of official records
Subtitle A, Part 2


B-----------------------------------------------------------------------


Bonds:
Coal leases
Sec. 3453.2-4, Subpart 3474
General
Subpart 1822
Geothermal
Subpart 3206
Leases and prospecting permits for minerals (other than coal and oil and 
gas)
Subpart 3504
Nationwide
Sec. 3504.1- -5
Oil and gas exploration
Subpart 3154
Oil and gas leasing
Subpart 3104, Sec. 3106.6, Subpart 3134
Oil and gas units
Sec. 3184.1
Rights-of-way
Secs. 2803.1-4, 2883.1-3
Special recreation permits
Sec. 8372.5
Statewide
Sec. 3504.1-5
Timber sale payment
Sec. 5451.4
Timber sale performance
Sec. 5451.1
Bore holes and sample requirements (solid minerals other than coal)
Subpart 3593
Burros, wild free-roaming
Part 4700

[[Page 1025]]

C-----------------------------------------------------------------------


Cabin sites
Subtitle A, Part 21
Cadastral survey
Part 9180
California: Reserved minerals in patented lands
Subpart 3584
Canceled entries, reinstatement of
Subpart 1826
Casual use:
Mining
Secs. 3802.1-2, 3809.1-2
Oil and gas exploration
Sec. 3150.0-5(b)
Rights-of-way
Sec. 2800.0-5
Cave management
Subtitle A, Part 37
Caves, designation of significant
Subtitle A, Part 37
Cemeteries
Secs. 2650.5-5, 2653.5
Certified mail
Sec. 1821.2-4
Classification, land
  
Criteria and procedures
Part 2400
Segregative effect
Subpart 2091
Closures
Subpart 8364
Coal leases:
Applications for
Subpart 3425
Assignments
Subpart 3453
Bonds
Subpart 3474
Exchanges
Subparts 3435, 3436
Fees, rentals, royalties
Subpart 3473
Lease terms
Subpart 3475
Modifications
Subpart 3432
Negotiated sales and rights-of-way
Subpart 3431
Qualification requirements
Subpart 3472
Readjustments
Subpart 3451
Relinquishment, cancellation, and termination
Subpart 3452
Coal leasing:
Competitive leasing
Subpart 3420
General
Part 3400, et seq.
Preference right leases
Subpart 3430
Special leasing opportunities
Sec. 3420.1-3
Split estate leasing
Subpart 3427, Sec. 3400.0-5(kk)
Coal management (General)
Part 3400, et seq.
Coal exploration and mining operation rules
Part 3480
Coal related planning:
Hearings (plans involving potential coal leasing)
Sec. 1610.5-7
Land use analysis
Sec. 1610.5-7
Process (resource management planning)
Part 1600
Surface owner consultation
Sec. 1610.2(j)
Unsuitability criteria
Sec. 3461.5
Unsuitability designation
Sec. 1610.7-1
Coal trespass
Sec. 3430.7, 9239.5-3
Color-of-Title
Part 2540
Common varieties:
General
Subpart 3711
Disposal of
Part 3600, et seq.
Communication sites and lines, rights-of-way for
Part 2800
Community pits and common use areas (mineral materials)
Subpart 3604
Confidentiality, coal data
Secs. 3410.4(b), 3420.1-2(b), 3422.1(a), 3453.2-2(g), 3481.3
Conformity (planning process)
Sec. 1610.5-3
Conditions of use--off-road vehicles
Subpart 8341
Consistency requirements (planning process)
Sec. 1610.3-2
Construction, rules of (words and phrases)
Sec. 1810.1
Consultation, cooperation:
Attorney general
Secs. 3420.4-5, 3422.3-4, 3435.3-7
Indian tribes
Secs. 1610.3-1, 3420.4-4
State
Secs. 1610. 3-1, 3400.4, 3420.4-3
Surface management agency
Secs. 3400.3-1, 3410.2-3, 3420.4-2
Surface owner
Secs. 1610.2(j), 3420.6

[[Page 1026]]

Conveyance--Federally owned mineral interests
Part 2720
Conveyancing documents
Part 1860
Correction of
Subpart 1865
Cooperative relations
Part 1780
Coordination (planning process)
Sec. 1610.3-1
Corridors, right-of-way
Subpart 2806
Cultural resource management
Group 8100, reserved


D-----------------------------------------------------------------------


Decision review by Congress (planning)
Sec. 1610.6
Desert Land Act
Subpart 2520
Segregation
Sec. 2091.4-1
Designation:
Areas of Critical Environmental Concern
Sec. 1610.7-2
Areas unsuitable for surface mining
Sec. 1610.7-1
Management areas
Part 8350
National areas
Subpart 8351
Off-road vehicle areas and trails
Subpart 8342
Right-of-way corridors
Subpart 2806
Wilderness areas
Part 8560
Development contracts (hardrock minerals)
Subpart 3567
Diligence requirements (coal)
Subpart 3483
Disaster relief
Subpart 1815
Disclaimers of interest, recordable
Subpart 1864
Disposal:
Classifications
Part 2430
Mineral materials
Part 3600
Dispositions--sales of mineral interests
Part 2720
Drainage (oil and gas)
Sec. 3100.2
Drilling and producing obligation
  
Geothermal
Sec. 3262.3
Oil and gas
Sec. 3162.2


E-----------------------------------------------------------------------


Electric power generation, transmission, and distributioN--rights-of-way
Part 2800
Emergency noncompetitive sale of mineral materials
Sec. 3610.2-1(d)
Employees--interest in lands
Sec. 20.735-22
Employees, testimony of
Subtitle A, Part 2, Subpart E
Enclosures, unlawful
Sec. 9239.2
Engineering
Group 9100
Environmental considerations:
Cultural resources
Sec. 4310.2-2
Oil and gas operations
Sec. 3162.5
Planning
Secs. 1601.0-6, 1610.4-6, 1610.4-7, 1610.4-8, 1610.5-5, 1610.8
Surface management and protection
Subpart 3465
Threatened and endangered species
Sec. 3410.2-2(a)(2)
Unsuitability for coal mining
Subpart 3461
Equitable adjudication
Sec. 1871.1
Erroneously meandered lands:
Arkansas
Subpart 2543
Louisiana
Subpart 2544
Wisconsin
Subpart 2545
Errors in patents
Subpart 1865
Excavation of archaeological resources
Subtitle A, Part 7
Exchanges
Part 2200, et seq.;
Oil and gas leases
Part 3100, et seq.;
Mineral leases other than coal
Subpart 3508
Coal lease
Subpart 3435
Coal lease (alluvial valley)
Subpart 3436
General
Part 2200

[[Page 1027]]

Mineral leases
Sec. 3107.7
Fee Federal coal deposits
Subpart 2203
National Conservation Area
Subpart 2274
National parks and monuments
Part 2240
National Trail System
Subpart 2273
National Wild and Scenic Rivers
Subpart 2273
Reservations or holdings (Indian)
Subpart 2271
Reclamation
Subpart 2272
Wildlife refuge
Part 2250
Exploration and resource recovery and protection plans coal)
Subpart 3482
Exploration licenses:
Coal
Subpart 3410
Gilsonite
Subpart 3554
Phosphate
Subpart 3514
Potassium
Subpart 3534
Sodium
Subpart 3524
Exploration, notices of intent (oil and gas)
Sec. 3151.1
Exploration permits (oil and gas--Alaska)
Subpart 3152
Exploration plans (solid minerals other than coal)
Subpart 3592


F-----------------------------------------------------------------------


Federal Power Act withdrawals
Subpart 2320
Fees:
Alaska, livestock grazing
Sec. 4220.4
Alaska, reindeer
Sec. 4320.2
Coal
Sec. 3473.2
Exclusive of Alaska, livestock grazing
Sec. 4130.8
Mineral leases, filing fee
Subpart 3503
Mineral prospecting permits, filing fee
Subpart 3503
Remittance of
Sec. 1822.1-2
Special recreation permits
Sec. 8372.4
Filing:
Competitive oil and gas nominations
Sec. 3120.3-2
General
Subpart 1821
Time limit application
Sec. 1821.2-2
Transfers (geothermal)
Sec. 3241.2
Transfers (oil and gas)
Sec. 3106.3, 3135.1-2
Final proof--general
Subpart 1823
Financial assistance, local government
Part 1880
Fire management
Part 9210
Wildfire prevention
Subpart 9212
Fish and Wildlife, preservation, use, and management
Subtitle A, Part 24
Fissionable source materials
Subpart 3746
Forest management
Part 5000, et seq.
Forest nonsale disposal
Part 5500, et seq.
Forest product disposal
Part 5400, et seq.
Prohibited acts
Sec. 5462.2
Fractional or future interest leases and permits
  
Oil and gas
Sec. 3110.9
Solid minerals (other than coal and oil shale)
Subpart 3507
Freedom of Information Act
Subtitle A, Part 2
Free use
  
Grazing--Alaska--Livestock
Sec. 4220.6
Grazing--Exclusive of Alaska
Sec. 4130.5
Mineral materials
Part 3620
Timber
Subpart 5510
Timber--Prohibited acts
Sec. 5511.4
Fur farms Alaska
Subpart 2916
Future interest (geothermal)
Subpart 3207
Future interest (oil and gas)
Sec. 3110.9, 3120.7

[[Page 1028]]

G-----------------------------------------------------------------------


General Allotment Act of February 8, 1887
Subpart 2530
General obligations of lessees, operators, and permittees:
Coal
Subpart 3481
Solid minerals other than coal
Subpart 3591
Geophysical exploration (oil and gas)
Subpart 3150
Geothermal resources:
Available lands; limitations; unit agreements
Subpart 3201
Competitive leasing
Part 3220
Cooperative conservation provisions
Subpart 3243
Exploration operations
Subpart 3209
General
Subpart 3200
Lease bonds
Subpart 3206
Leasing terms
Subpart 3203
Noncompetitive leasing
Subpart 3210
Operations
Part 3260
Production and use of byproducts
Subpart 3242
Qualifications of lessees
Subpart 3202
Rules governing leases
Part 3240
Service charges, rentals, and royalties
Subpart 3205
Terminations and expirations
Subpart 3244
Transfers
Subpart 3241
Unit Agreements
Part 3280
Utilization--power plant sites
Subpart 3250
``Gilsonite'' leases
Part 3550
Gold and silver, private land grants
Subpart 3581
Grants to States
Part 2620
Grazing:
Administration--Alaska--livestock
Part 4200
Administration--Alaska--reindeer
Part 4300
Administration--exclusive of Alaska
Part 4100
Administrative remedies--Exclusive of Alaska
Subpart 4160
Administrative standards and guidelines
Sec. 4180.2
Allotments
Sec. 4110.2-4
Appeals--Exclusive of Alaska
Sec. 4160.4
Applications--Alaska--livestock
Sec. 4220.2
Applications--Alaska--reindeer
Sec. 4320.1
Applications--Exclusive of Alaska
Sec. 4130.1
Authorization
Subpart 4130
Decisions--Exclusive of Alaska
Subpart 4160
Fees
Sec. 4130.8
Hearings--Alaska--livestock
Sec. 4240.2
Hearings--Exclusive of Alaska
Subtitle A, Part 4
Leases--Alaska--livestock
Part 4200
Leases--Exclusive of Alaska
Part 4130, Sec. 4130.2
Management
Subpart 4120
Penalties
Subpart 4170
Permits--Alaska--reindeer
Part 4300
Permits--Exclusive of Alaska
Part 4100
Prohibited acts
Subpart 4140
Protests--Alaska--livestock
Sec. 4240.1
Protests--Alaska--reindeer
Sec. 4330.1
Protests--Exclusive of Alaska
Sec. 4160.2
Qualifications and preference
Subpart 4110
Rangeland health
Subpart 4180, Sec. 4180.1
Trespass--Alaska--livestock
Secs. 4210.4, 9239.3
Trespass--Alaska--reindeer
Subpart 4340, Sec. 9239.3
Unauthorized grazing use--Exclusive of Alaska
Subpart 4150


H-----------------------------------------------------------------------


Hardrock minerals, leases and permits
Part 3560
Headquarters sites, Alaska
Subpart 2563

[[Page 1029]]

Hearings procedures
Part 1850
Hearings:
General
Subtitle A, Part 4
Grazing--Alaska--livestock
Sec. 4240.2
Grazing--Exclusive of Alaska
Sec. 4160.4; Subtitle A, Part 4
Mining claims
Subparts 3713, 3870
Multiple mineral development
Part 3740
Oil and gas penalties
Sec. 3163.2
Plan involving potential coal leasing
Sec. 1610.2(k)
Helium:
Conservation
Subtitle A, Part 16
General
Subpart 3745
Ownership and rights
Sec. 3100.1
Horses, wild free-roaming
Part 4700


I-----------------------------------------------------------------------


Indemnity selections, State
Subpart 2621
Indian allotments:
General
Subpart 2530
Segregative effect
Sec. 2531.3
Indian land:
Exchanges
Subpart 2271
Oil and gas lease operations
Subpart 3160
Information collection
  
Conveyance of Federally-owned mineral interests
Sec. 2720.0-9
Exchanges
Sec. 2200.0-9
Grazing administration--exclusive of Alaska
Sec. 4100.0-9
Mining claim assessment work
Sec. 3850.0-9
Mining claim recordation
Sec. 3833.0-9
Mining in powersite withdrawals
Sec. 3730.0-9
Onshore oil and gas leasing
Sec. 3100.0-9
Onshore oil and gas operations
Sec. 3160.0-9
Recreation and public purposes
Sec. 2740.0-9
Wild free-roaming horses and burros
Sec. 4700.0-9
Inspections, enforcement, and appeals:
Coal
Subparts 3465 and 3486
Oil and gas lease sites
Sec. 3161.3, Subpart 3190
Solid minerals other than coal
Subpart 3598
Inventory and information (planning)
Sec. 1610.4-3


K-----------------------------------------------------------------------


King Range National Conservation Area:
Acquisition of lands
Subpart 2130
Condemnation
Subpart 2137
Exchanges
Subpart 2274


L-----------------------------------------------------------------------


Laches
Sec. 1810.3
Land classification
Part 2400, et seq.
Land use analysis
Sec. 1610.5-7
Land use permits
Part 2920
Land use planning:
Coal related
Sec. 3420.1-4
General (resource management)
Part 1600
Late payment or underpayment of charges (solid minerals other than coal)
Subpart 3599
Leases:
Acquired lands minerals (coal only)
Sec. 3400.2(c)
Acquired lands (oil and gas)
Sec. 3101.2-2, 3110.5-3

[[Page 1030]]

Acquired lands minerals (other than oil and gas, coal, and oil shale)
Sec. 3501.1-2
Airports and aviation fields
Subpart 2911
Asphalt in Oklahoma
Part 3570
Cancellations:
  
    Coal
Subpart 3452
    Geothermal
Sec. 3244.3
    Oil and gas
Secs. 3108.2, 3136.3
Coal
Part 3400, et seq.
Extensions:
  
    Coal
Subpart 3451
    Geothermal
Sec. 3203.1
    Oil and gas
Sec. 3105.5-4, Subpart 3135
    Other minerals
Sec. 3506.7
Filing fees, minerals
Sec. 3503.1
Fur farms, Alaska
Subpart 2916
General
Part 2920
Geothermal
Part 3200
Gilsonite
Part 3550
Grazing--Alaska--livestock
Part 4200
Grazing--Exclusive of Alaska
Sec. 4130.2
Grazing--Pierce Act
Subpart 4600
Hardrock minerals
Part 3560
Mineral Leasing Act (1920)
Part 3100, 3400, 3500
Oil and gas
Part 3100
    Competitive leases
Subpart 3120
    General
Subpart 3100
    Information collection
Sec. 3100.0-9
    National Petroleum Reserve--Alaska
Subpart 3130
    Noncompetitive leases
Subpart 3110
Permits and easements
Subpart 2920
Phosphate
Part 3510
Potassium
Part 3530
Public domain lands, minerals
Sec. 3501.1-1, Subpart 3101
Recreation and public purposes
Subpart 2912
Relinquishments, minerals
Subpart 3108, Secs. 3244.1, 3509.1
Rentals, minerals
Secs. 3103.2, 3205.3, Subpart 3503
Reorganization Plan 3 minerals
Sec. 3560.3-1
Royalty reductions, coal
Subpart 3485
Royalty reductions, oil and gas
Sec. 3103.4-1
Royalty reductions, heavy oil
Sec. 3103.4-3
Royalty reductions, stripper wells
Sec. 3103.4-2
Sodium
Part 3520
Sulphur
Part 3540
Suspensions, coal
Secs. 3473.4 and 3483.3
Special leasing areas
Part 3580
Tar sand
Subpart 3141
Terminations and cancellations, coal
Subpart 3452
Terminations and cancellations, geothermal
Subpart 3244
Terminations and cancellations, solid leasable minerals other than coal 
and oil shale
Subpart 3509
Terminations and cancellations, oil and gas
Subpart 3108
Licenses:
Coal mining
Subparts 3410, 3440, Sec. 3400.0-5(l), Sec. 3400.0-5(u)
Coal exploration
Subpart 3410
Location:
Mining location:
  
    General
Part 3800, et seq.
    In powersite withdrawals
Subpart 3730
    In reclamation withdrawals
Subpart 3816
Lode claims, General
Subpart 3841
Patent applications
Subpart 3862
Logging roads, rights-of-way for
Part 2810
Logical mining unit (coal)
Subpart 3487

[[Page 1031]]

Louisiana, erroneously meandered lands in
Subpart 2544


M-----------------------------------------------------------------------


Mail:
Communications
Sec. 1810.2
Certified or registered mail
Sec. 1821.2-4
Management areas, recreation
Part 8350
Management of designated wilderness areas
Part 8560
Maps and plans requirements (coal)
Subpart 3482
Maps and plans requirements (solid minerals other than coal)
Subpart 3592
Materials trespass
Sec. 9239.6
Milling and mining waste (solid minerals other than coal)
Subpart 3596
Millsites:
General
Subparts 3844, 3864
In powersite withdrawals
Subpart 3737
Patents
Subpart 3864
Mineral collection permits--acquired lands uses
Sec. 3560.7
Mineral development impact relief
Subpart 1882
Mineral development, multiple
Sec. 3500.6
Mineral lands:
Review for designation as unsuitable for entry or leasing
Sec. 1610.7-1
State grants
Subpart 2623
Mineral leasing:
Acquired lands
Sec. 3101.2-2
Coal
Part 3400, et seq.
Geothermal resources
Part 3200
Recreation areas and public purpose lands
Sec. 3101.6
Public domain lands: acreage limitations
Sec. 3101.2-1
Oil and gas
Part 3100
Oil and gas; National Petroleum Reserve, Alaska
Part 3130
Solid minerals
Part 3500, et seq.
Special leasing areas
Part 3580
Mineral Leasing Act of 1920:
Coal
Sec. 3400.0-3(a)(1)
General
Part 3100
Rights-of-way for pipelines, oil and gas
Part 2880, 3109
National forest lands in Minnesota
Sec. 3500.0-3(b)(3)
Oil and gas
Subpart 3100
Surface protection
Subtitle A, Part 23
Minerals other than oil and gas and coal, oil shale, and tar sands
Part 3500, et seq.
Reorganization Plan 3
Sec. 3500.0-3(b)
Rights-of-way
Part 2880
Mineral materials
Part 3600
Emergency noncompetitive sale
Sec. 3610.2-1(d)
Mineral surveyors
  
Appointment and employment
Sec. 3861.5
Contracts
Sec. 3861.4
Duties
Sec. 3861.3-1
Reports
Sec. 3861.2-3
Mineral trespass
Sec. 9239.5
Minerals, disposal of reserved:
General
Sec. 3813.2
Act of July 17, 1914
Subpart 3813
Stockraising Homestead Act
Subpart 3814
Mining claims:
Access to
Sec. 3809.3-3
Adverse claims
Subpart 3871
Assessment work
Part 3850, Sec. 3833.2
Casual use
Secs. 3802.1-2, 3809.1-2
Contests
Subpart 3872

[[Page 1032]]

Describing locations
Sec. 3841.4
Discovery
Sec. 3841.3
Financial guarantee requirements
Sec. 3809.1-9
General
Part 3800, et seq.
Hearings
Subparts 1850, 3713, 3872
Lands in more than one land district
Sec. 1821.5
Lode claim patent application
Subpart 3862
Lode claims
Subpart 3841
Maintenance and location fees
Subpart 3833
Millsite patents
Subpart 3864
Millsites
Subpart 3844
Mineral patent applications
Part 3860
Mining law of 1872
Part 3800, et seq.
Nature and classes
Part 3840
Notice
Sec. 3809.1-3
O and C lands
Subpart 3821
Occupancy and use
Subpart 3715
Placer claim patent applications
Subpart 3863
Placer claims
Subpart 3842
Plan of operations
Sec. 3802.1, 3809.1-4
Possessory rights
Sec. 3862.3
Posting of claim
Sec. 3861.7
Protests
Subpart 3872
Recordation
Subpart 3833
Stock driveway withdrawals
Subpart 3815
Surface management
Subpart 3809
Surveys and plats
Subpart 3861
Tunnel sites
Subpart 3843
Wilderness Review Program (exploration and mining)
Subpart 3802
Mining methods (coal)
Secs. 3481.1, 3482.1
Mining methods (solid minerals other than coal)
Part 3590
Minnesota: National Forest Lands
Sec. 3500.0-3(b)(3)
Motion pictures
Subtitle A, Part 5
Motor vehicles, off road vehicle standards
Sec. 8341.1
Motor vehicles, developed sites and areas
Subpart 8365
Safety belt requirements
Sec. 8365.1-3


N-----------------------------------------------------------------------


Names of claimants
Sec. 1821.1
National Park Service areas
Subpart 3582
National Petroleum Reserve--Alaska (oil and gas)
Part 3130
National Recreation Areas:
Whiskeytown-Shasta-Trinity
Sec. 3109.3, Subpart 3583, Sec. 3500.0-3(c)(4)
National Rivers
Sec. 8351.2
National Trails
Sec. 8351.1
National Wilderness Preservation System
Subtitle A, Part 19
Native allotments:
Alaska
Subpart 2561
Segregative effect
Sec. 2561.1(e)
Native townsites (Alaska)
Subpart 2564
Natural Areas:
Research
Subpart 8223
Natural History Resource Management
Part 8200
Nevada: sand and gravel
Subpart 3586
Notations:
Applications
Sec. 1821.4


O-----------------------------------------------------------------------


O and C lands:
General
Part 5040

[[Page 1033]]

Grazing
Part 4100; Sec. 4100.0-3
Mining
Subpart 3821
Recreation
Subchapter H
Rights-of-way
Subpart 2812
Timber sales
Sec. 5400.0-3
Trespass
Sec. 9239.7-1
Oaths
Sec. 1821.3
Occupancy:
Cabin sites
Subtitle A, Part 21
Unlawful
Sec. 9239.2
Off-road vehicles
Part 8340
Office hours of offices
Sec. 1821.2-1
Officers--authority to bind government
Sec. 1810.3
Official records, availability of
Subtitle A, Part 2
Oil and Gas:
Accreted lands
Sec. 3110.5-4
Combined hydrocarbon leases
Part 3140
Competitive leases
Subpart 3120
Drilling applications
Sec. 3162.3-1
General
Part 3100, et seq.
    Information collection
Sec. 3100.0-9
Issuance of leases
Subpart 3101, 3132
Leasing under special acts
Subpart 3109
National Petroleum Reserve--Alaska
Subpart 3130
National Wildlife Refuge System lands
Sec. 3101.5
Noncompetitive leases
Subpart 3110
Noncompliance and assessments
Subpart 3163
Onshore oil and gas orders
Sec. 3164.1
Operations
Part 3160
    Information collection
3160.0-9
Oral auction
Sec. 3120.5-1
Pipelines, rights-of-way for (onshore)
Part 2880
Qualification of lessees
Subpart 3102
Rights-of-way leases
Sec. 3109.1
Royalty reduction
Sec. 3103.4-1
Royalty reduction, heavy oil
Sec. 3103.4-3
Royalty reduction, stripper wells
Sec. 3103.4-2
Transfers
Subpart 3106
Unit agreements
Subparts 3105, 3180
Oil trespass
Sec. 9239.5-2
Oklahoma:
Asphalt leases
Part 3570
Omitted lands:
General
Subpart 2547
Recreation and Public Purposes Act
Subpart 2742
Snake River, Idaho
Subpart 2546
Surveys
Secs. 9185.2-2, 9185.2-3
Opening orders
Subpart 2091
Operations under mineral leases:
Coal
Part 3480
Geothermal
Part 3260
Oil and gas
Part 3160
Solid minerals other than coal
Part 3590
Outdoor recreation
Subchapter H


P-----------------------------------------------------------------------


Patents:
Errors, correction
Subpart 1865
Payments and repayments
Subpart 1822
Payments in lieu of taxes
Subpart 1881
Performance standards (Coal mining and exploration)
Subpart 3484

[[Page 1034]]

Permits:
Archaeological resources
Subtitle A, Part 7
Coal
Sec. 3400.0-5(dd)
Free use, mineral materials
Part 3620
General
Part 2920
Geophysical exploration (oil and gas)
Subpart 3150
Gilsonite
Subpart 3552
Grazing (Alaska reindeer)
Part 4300
Grazing (exclusive of Alaska)
Subpart 4130
Hardrock minerals
Part 3562
Off-road vehicles
Subpart 8344
Oil and gas (Alaska)
Sec. 3152.1
Oil and gas (drilling)
Sec. 3162.3-1
Phosphate
Subpart 3512
Potassium
Subpart 3532
Range improvement
Sec. 4120.3-3
Recreation use (undeveloped sites)
Sec. 8372.1
Rights-of-way (temporary use permits)
Parts 2800 and 2880
Sodium
Subparts 3522 and 3527
Special areas
Sec. 8372.1-2
Sulphur
Subpart 3542
Temporary use
Parts 2800 and 2880
Timber--free use
Part 5510
Petition--applications for classification
Part 2450
Petition--reinstatements
Sec. 3108.2
Petrified wood
Subpart 3622
Phosphate leases and permits
Subparts 3511, 3512
Pierce Act
Subpart 4600
Pipelines onshore, rights-of-way for
Parts 2800 and 2880
Placer claims
Subparts 3842 and 3863
Planning analysis
Sec. 1610.8(b)
Planning, programming and budgeting
Part 1600
Guidance (resource management planning)
Sec. 1610.1
Process (resource management planning)
Sec. 1610.4
Public participation
Sec. 1610.2
Policy, fish and wildlife
Subtitle A, Part 24
Potassium leases and permits
Part 3530
Power
Subpart 2320
Practitioners
Subpart 1812; Subtitle A, Part 1
Privacy Act
Subtitle A, Part 2
Production records and audit (solid minerals other than coal)
Subpart 3597
Production verification, coal
Subpart3483
Program management
Subchapter A, Group 1700
Prohibited activities:
Grazing
Secs. 4140.1, 4150.1, Subpart 4170
Forest management
Sec. 5462.2
Free use of timber
Sec. 5511.4
Recreation use
Subparts 8341, 8343, Secs. 8351.2, Subparts 8364 and 8365
Wilderness areas
Sec. 8560.1-2
Protection against mining hazards (solid minerals other than coal)
Subpart 3595
Proofs
Subpart 1823, 1824
Prospecting permits:
Extensions
Part 3500, et seq.
Filing fees
Part 3500, et seq.
General
Part 3500, et seq.
Gilsonite
Subpart 3552
Hardrock
Subpart 3562
Phosphate
Subpart 3512
Potassium
Subpart 3532
Relinquishment (solid leasable minerals other than coal)
Sec. 3509.1
Rentals (solid leasable minerals other than coal)
Part 3503
Reorganization Plan 3
Sec. 3500.0-3(b)

[[Page 1035]]

Sodium
Subpart 3522
Sulphur
Subpart 3542
Terminations, expirations, cancellations (solid leasable minerals other 
than coal)
Subpart 3509
Protest and contest proceedings
Subpart 1850; Subtitle A, Part 4
Protest procedures (planning)
Sec. 1610.5-2
Public administrative procedures
Parts 1810-1880
Public domain lands:
Mineral leasing (oil and gas)
Sec. 3101.2-1
Mineral leasing (other than oil, gas, coal, and tar sands)
Sec. 3501.1-1
Public participation (planning)
Sec. 1610.2
Public sales of land under the Federal Land Policy and Management Act
Part 2710


Q-----------------------------------------------------------------------


Qualifications of applicants for grazing:
Alaska--livestock
Sec. 4210.3
Alaska--reindeer
Sec. 4310.2
Exclusive of Alaska--livestock
Sec. 4110.1
Qualifications of lessees (geothermal)
Subpart 3202
Qualifications of lessees (oil and gas)
Subpart 3102, 3132
Qualifications of practitioners
Subpart 1812


R-----------------------------------------------------------------------


Radio sites, rights-of-way for
Part 2800
Railroads, rights-of-way for
Part 2800
Range improvements and contributions:
Alaska--livestock
Sec. 4220.9
Alaska--reindeer
Sec. 4320.9
Exclusive of Alaska
Sec. 4120.3
Range management
Subchapter D (4000)
Reclamation townsites
Subpart 2764
Reconveyance, recordation of
Sec. 1822.3-3
Recordable disclaimers of interest
Subpart 1864
Records, availability of official
Subtitle A, Part 2
Recreation:
Closures and restrictions
Subpart 8364
General
Subchapter H
Lands
Part 8350
Management
Part 8340, et seq.
Programs
Subchapter H
Rules of conduct
Subpart 8365
    Motor vehicle safety belt requirements
Sec. 8365.1-3
Use authorizations
Part 8370
Visitor services
Part 8360
Wilderness areas
Part 8560
Recreation and public purposes:
General
Part 2740
Information collection
Sec. 2740.0-9
Leases
Subpart 2912
Omitted lands and unsurveyed islands
Subpart 2742
Segregative effect
Sec. 2091.7-1, 2741.5(h)(2)
Registered mail, use of
Sec. 1821.2-4
Reindeer grazing:
Permits
Part 4300
Trespass
Subpart 4340
Reimbursement of costs (rights-of-way)
Subpart 2808, Sec. 2883.1-1
Reinstatement of canceled entries
Subpart 1826
Reinstatement of oil and gas leases
Sec. 3108.2

[[Page 1036]]

Related facilities--oil and gas pipelines
Part 2880
Reliance upon information or opinion of officer
Sec. 1810.3(c)
Relinquishments:
Coal leases
Subpart 3452
General
Subpart 1825
Minerals, leases (except coal, oil shale, and oil and gas)
Subpart 3509
Minerals, leases (oil and gas)
Subpart 3108, Sec. 3136.1
Minerals, prospecting permits
Sec. 3509.1-1
Remittances
Sec. 1822.1-2
Removal of archaeological resources
Subtitle A, Part 7
Rentals and royalties:
Coal
Subpart 3473
Solid minerals other than coal and oil shale
Subpart 3503
Geothermal
Subpart 3205
Oil and gas
Subparts 3103 and 3133
Rights-of-way
Sec. 2803.1-2
Repayments
Subpart 1822
Reports, royalties, and records:
Coal
Subpart 3485
Solid minerals other than coal
Sec. 3591.2
Research natural areas
Subpart 8223
Reserved minerals, disposal of:
Act of July 17, 1914
Subpart 3813
Act of September 14, 1960 (Alaska)
Sec. 2627.3
Stockraising Homestead Act
Subpart 3814
Reservoirs, ditches and canals, rights-of-way
Part 2800
Resource advisory councils
Subpart 1784
Resource management plan
Sec. 1610.0-5(k)
Resource management planning:
Amendments
Sec. 1610.5-5
Approval and administrative review
Sec. 1610.5-1
Conformity
Sec. 1610.5-3
Consistency
Sec. 1610.3-2
Coordination
Sec. 1610.3-1
Decision review by Congress
Sec. 1610.6
Designation of areas
Sec. 1610.7
Guidance
Sec. 1610.1
Inventory and information
Sec. 1610.4-3
Issues
Sec. 1610.4-1
Land use analysis
Sec. 1610.5-7
NEPA policy
Sec. 1601.0-6
Planning analysis
Sec. 1610.8(b)
Planning criteria
Sec. 1610.4-2
Process
Sec. 1610.4
Protest procedures
Sec. 1610.5-2
Public participation
Sec. 1610.2
Resurveys
Secs. 9185.1-2, 9185.3
Revocations of withdrawals
Part 2370
Rights-of-way
Part 2800, et seq.
Restorations and revocations of withdrawals and reservations
Subpart 2370
Rivers:
National Wild and Scenic
Sec. 8351.2
Roads, rights-of-way for
Parts 2800, 2810
Rules of construction--words and phrases
Sec. 1810.1
Rules, visitor use:
Commercial use
Sec. 8372.0-7
Competitive use
Sec. 8372.0-7
National wild and scenic rivers
Sec. 8351.2-1
Off-road vehicle
Sec. 8341.2
Recreation sites
Sec. 8365.2 et seq.
Rules of conduct
Subpart 8365
    Motor vehicle safety belt requirements
Sec. 8365.1-3
Supplementary rules
Sec. 8365.1-6
Wilderness areas
Part 8560

[[Page 1037]]

S-----------------------------------------------------------------------


Safety belt requirements, motor vehicle
Sec. 8365.1-3
Sales:
Coal lease
Subpart 3422
Competitive oil and gas
Sec. 3120.5, 3131.4
Geothermal
Subpart 3220
Mineral material
Part 3610
Public lands, general
Subpart 2710
Public lands, procedures
Subpart 2711
Timber
Part 5400
Timber sales administration
Part 5460
Scenic and wild rivers
Sec. 8351.2
School land grants, mineral sections
Subpart 2623
Segregative effect
Subpart 2091
Shore space
Subpart 2094
Simultaneous document filing, procedures
Sec. 1821.2-3
Snake River, omitted lands
Subpart 2546
Sodium, leases and permits
Subpart 3520
Solid minerals (other than coal) exploration and mining operations
Part 3590
Special leasing areas (solid minerals other than coal and oil shale)
Part 3580
Special recreation permits
Subpart 8372
State director review (oil and gas)
Sec. 3165.3
State grants:
Alaska
Subpart 2627
General
Part 2620
Segregative effect, Alaska
Sec. 2627.4
Stockraising Homestead Act--disposal of reserved minerals
Subpart 3814
Sulphur leases and permits
Part 3540
Surface exploration, mining and reclamation of land
Subtitle A, Part 23
Surface management
Subparts 3802 and 3809
Surveys
Part 9180
Suspension of operations and production (S.O.P.):
Coal
Secs. 3473.4 and 3483.3
Geothermal
Sec. 3205.3-8
Oil and gas
Sec. 3103.4-4


T-----------------------------------------------------------------------


Technical services
Subchapter I
Television sites, rights-of-way for
Part 2800
Telephone and telegraph lines, rights-of-way for
Part 2800
Terminations (coal)
Subpart 3452
Terminations (geothermal)
Sec. 3244.2
Terminations (oil and gas)
Sec. 3108.2
Testimony and proofs
Subpart 1823
Testimony of employees of Department
Subtitle A, Part 2, Sec. 2.82
Timber
Part 5400, et seq.
Time limit for filing documents
Sec. 1821.2-2
Title conveyances
Subpart 1863
Tort claims
Subtitle A, Part 22
Townsite:
Alaska native townsites
Subpart 2564
Alaska Railroad
Subpart 2566
General
Subpart 2760
Non-native
Subpart 2565
Reclamation
Subparts 2764 and 2765
Trails:
Exchanges
Subpart 2273
National
Sec. 8351.1
Off-road vehicle designation
Subpart 8342

[[Page 1038]]

Tramroads and logging roads, rights-of-way for
Part 2810
Transmission lines, rights-of-way for
Part 2800
Tunnel sites
Subpart 3843


U-----------------------------------------------------------------------


Unauthorized use
Part 9230
Grazing
Subpart 4150
Lands
Secs. 2801.3 and 2920.1-2
Mining materials
Subpart 3603
Use authorizations
Part 8370
Use permits:
Phosphate
Subpart 3517
Sodium
Subpart 3527
Unsuitability:
Coal mining
Subpart 3461
Surface mining
Sec. 1610.7-1


V-----------------------------------------------------------------------


Vehicles:
Developed sites and areas
Sec. 8365.2-4
Off-road
Part 8340
Vehicle operation--off-road vehicles
Subpart 8343
Visitor services
Part 8360


W-----------------------------------------------------------------------


Water power
Subpart 2370
Whiskeytown-Shasta-Trinity National Recreation Area
Subpart 3583, 3109.3
Wild and Scenic Rivers
Sec. 8351.2
Wild feee-roaming horse and burro:
Adoption fees
Sec. 4750.4-2
Compliance with Private Maintenance and Care Agreement
Subpart 4760
Destruction of wild horses or burros and disposal of remains
Subpart 4730
Information collection
Sec. 4700.0-9
Management considerations
Subpart 4710
Motor vehicles and aircraft use
Subpart 4740
Private maintenance
Subpart 4750
Prohibited acts, administrative remedies, and penalties
Subpart 4770
Removal
Subpart 4720
Wilderness areas
Part 8560
Wilderness areas--mining claims
Sec. 3809.1-4
Wilderness areas--procedures for management
Part 8560
Wilderness Review Program:
Exploration and mining
Subpart 3802
Wildlife policy: State-Federal relationships
Subtitle A, Part 24
Wisconsin--erroneously meandered lands
Subpart 2545
Withdrawals and reservations:
General
Part 2300, et seq.
Restorations and revocations
Subpart 2370



[[Page 1039]]



                    Table of CFR Titles and Chapters




                   (Revised as of September 30, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 1040]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 1041]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)

[[Page 1042]]

     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)

[[Page 1043]]

      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)

[[Page 1044]]

            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)

[[Page 1045]]

        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

[[Page 1046]]

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

[[Page 1047]]

       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 1048]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

[[Page 1049]]

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

[[Page 1050]]

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)

[[Page 1051]]

       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)

[[Page 1052]]

         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)

[[Page 1053]]

        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 1054]]

       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 1055]]





           Alphabetical List of Agencies Appearing in the CFR




                   (Revised as of September 30, 1997)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 1056]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 1057]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 1058]]

Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
     Expenses
[[Page 1059]]

  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II

[[Page 1060]]

  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII

[[Page 1061]]

Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 1062]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X

[[Page 1063]]

Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1065]]



List of CFR Sections Affected



All sections in this volume of the Code of Federal Regulations which 
were affected by documents published in the Federal Register since 
January 1, 1986, are enumerated in the following list. Entries indicate 
the nature of the changes effected. Page numbers refer to Federal 
Register pages.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964--1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

43 CFR
                                                                   51 FR
                                                                    Page
Chapter II
1784.0-3  (b) revised..............................................39529
1784.3  (b) revised................................................39529
1784.6-3  Removed..................................................39530
1784.6-4  (b) amended; (d) and (e) redesignated as (e) and (f); 
        new (e) added..............................................39530
1784.6-5  (f) removed..............................................39530
1821.2-1  (d) amended.......................................23547, 34981
    (d) corrected..................................................26248
2200  Authority citation revised...................................12612
2203.0-6--2203.5 (Subpart 2203)  Added.............................12612
2510  Authority citation added.....................................34602
2514.0-5--2514.5 (Subpart 2514)  Removed...........................34602
2515.0-3--2515.8-9 (Subpart 2515)  Removed.........................34602
2624.0-1--2624.2 (Subpart 2624)  Removed............................3599
2640  Revised......................................................26894
2710--2780 (Group 2700)  Note revised...............................9657
2720.0-5  (d) added.................................................9657
2720.0-6  Added.....................................................9657
2720.1-1  Introductory text, (a), and (b) redesignated as (a) 
        introductory text, (1), and (2); new (b) added..............9657
2720.1-2  (d)(3) amended............................................9658
2720.1-3  (b)(2), (c), (d), and (e) amended.........................9658
2741.5  (h)(1) corrected............................................1795
2800.0-1  Amended...................................................6543
2800.0-3  Revised...................................................6543
2800.0-5  (h) revised...............................................6543
2801.4  Added.......................................................6543
2880.0-7  (b) amendment (49 FR 31209) confirmed....................31765
2882.1  (c) amendment (50 FR 1309) confirmed.......................31765
2883.1-1  Revisions (49 FR 31209 and 50 FR 1309) confirmed.........31765
2910  Authority citation added......................................3599
    revised........................................................40809
2911.0-1--2911.2-4 (Subpart 2911)  Revised.........................40809
2911.2-3  (b) corrected............................................45986
2911.2-4  Corrected................................................45986
2913.0-7--2913.5 (Subpart 2913)  Removed............................3599
3102.5  Amended....................................................43921
3110  Determination.................................................5331
3140  Authority citation added......................................7276
3142.0-1--3142.3 (Subpart 3142)  Added..............................7276
3180  Authority citation revised...................................34603
3180.0-5  Amended..................................................34603
3183.1  Amended....................................................34603
3183.6  Amended....................................................34603
3186.1  Amended....................................................34603
3186.1-2  Amended..................................................34604
3186.3  Amended....................................................34603
3400  Authority citation revised...................................18887
3400.0-5  (rr) added...............................................43921

[[Page 1066]]

3400.4  (d), (e), and (f) redesignated as (e), (f), and (g); new 
        (d) added..................................................18887
3400.6  Added......................................................18887
3420  Authority citation revised...................................18888
3420.1-2  Heading revised; (a), (b), and (c) amended...............18888
3420.1-4  (f) added................................................18888
3420.1-8  Existing text designated as (a); (b) added...............18888
3420.3-4  (b)(1) amended...........................................18888
3422.1  (c)(2) revised.............................................18888
3422.1-1  Removed..................................................18888
3460  Authority citation revised...................................18888
3461.3-1  (a)(2) redesignated as (a)(3); new (a)(2) added..........18888
3470  Authority citation revised...................................34218
3472.1-2  (e) amended..............................................34218
    (e) revised....................................................43922
3487.1  (a) revised................................................13229
3500--3590 (Group)  Revised........................................15212
3500  Revised......................................................15213
3500.0-3  (c)(3) corrected.........................................25204
3501.1-2  (a)(1) corrected.........................................25204
3502.1  (d) added..................................................43923
3508.2  (a) introductory text corrected............................25204
3510  Revised......................................................15222
3512.3-3  Introductory text correctly revised......................25204
3520  Revised......................................................15228
3521.6  (c) and (d) corrected......................................25204
3527.1-2  (a) corrected............................................25204
3530  Added........................................................15233
    Authority citation corrected...................................25204
3531.7  (d) corrected..............................................25204
3540  Revised......................................................15238
3544.4-4  Corrected................................................25204
3546.5  (a) designation correctly removed..........................25204
3550  Revised......................................................15243
3560  Revised......................................................15248
3560.0-3  Corrected................................................25204
3560.5  Corrected..................................................25204
3562.1  Corrected..................................................25204
3565.3  (c)(1) corrected...........................................25204
3570  Redesignated as Part 3590....................................15212
    Added..........................................................15254
3574.3-3  (f) corrected............................................25204
3580  Added........................................................15256
3581.4-1  Corrected................................................25204
3582.2-1  (b) and (c) corrected....................................25204
3582.2-2  (b)(1) and (d) corrected.................................25204
3583.5  Corrected..................................................25204
3584.3  Corrected..................................................25205
3585.4-1  Corrected................................................25205
3585.8  (a) corrected..............................................25205
3590  Redesignated from Part 3570..................................15212
3610  Authority citation revised...................................22079
3610.2-1  (d) added................................................22080
4700  Revised.......................................................7414
8560.4-6  (j) added................................................15893
Public Land Orders:
547  Revoked in part by PLO 6628...................................40421
715  Revoked in part by PLO 6615...................................18586
1847  Revoked in part by PLO 6628..................................40421
2214  See PLO 6615.................................................18587
3305  Amended by PLO 6612...........................................3600
5187  Revoked in part by PLO 6615..................................18586
    See PLO 6628...................................................40421
5548  Revoked by PLO 6618..........................................25205
6554  Corrected by PLO 6633........................................43351
6592  Corrected by PLO 6621........................................32920
6605  Corrected by PLO 6614.........................................9793
6612  ..............................................................3600
6613  ..............................................................5197
6614  ..............................................................9793
6615  .............................................................18586
6616...............................................................25205
6617...............................................................22284
6618...............................................................25205
6619...............................................................26687
6620...............................................................28229
6621...............................................................32920
6622...............................................................28229
6623...............................................................29641
6624...............................................................34086
6625  .............................................................36808
    Corrected......................................................43267
6626  .............................................................39530
6627  .............................................................39530
6628  .............................................................40421
6629  .............................................................41104
    Corrected......................................................45229
6630  .............................................................41627
6631  .............................................................43003
6632  .............................................................43003
6633  .............................................................43351
6634  .............................................................44478

[[Page 1067]]

6635  .............................................................45330

                                  1987

43 CFR
                                                                   52 FR
                                                                    Page
Chapter II
1784.3  (b) (4) and (5) correctly revised...........................5284
2090  Authority citation added..............................12175, 13085
2091.0-1--2091.9-3 (Subpart 2091)  Revised.........................12175
2091.3-1  (b) corrected............................................13563
2091.7-1  (b)(1) (i) and (ii) corrected............................36575
2096.0-3--2096.2-8 (Subpart 2096)  Removed.........................13085
2800.0-5  (o) through (t) added....................................25808
2802.1  (c) amended................................................25808
2802.4  (a) amended................................................25808
2802.5  (a)(1) amended.............................................25808
2803.1-1  Removed..................................................25808
2803.1-2  Revised..................................................25818
    (a), (c)(3)(i), and (d) corrected..............................36576
2803.1-3  Redesignated as 2803.1-4; new 2803.1-3 added.............25820
2803.1-4  Redesignated as 2803.1-5; new 2803.1-4 redesignated from 
        2803.1-3...................................................25820
2803.1-5  Redesignated from 2803.1-4...............................25820
2803.6-3  Amended..................................................25820
2803.6-4  Revised..................................................25820
2803.6-5  (d) amended..............................................25808
2808.1--2808.6 (Subpart 2808)  Added...............................25808
2808.1  (b) introductory text corrected............................34456
2808.4  (a)(1) introductory text and table corrected...............36576
2808.5  (c) corrected..............................................34456
2808.6  (b) corrected..............................................36576
2881.1-1  (g) amended..............................................25821
2881.2  (a)(2) removed; (a) (3) through (5) redesignated as (a) 
        (2) through (4)............................................25821
2883.1-2  Amended..................................................25821
2920  Authority citation revised...................................49115
2920.0-3  Revised..................................................49115
2920.0-5  (m) added................................................49115
2920.1  Revised....................................................49115
2920.1-1  Added....................................................49115
2920.1-2  Added....................................................49115
3100  Clarification of Form 3104-8.................................22646
3160  Authority citation revised....................................5390
    Note 1 amended..................................................5390
    Note 1 corrected...............................................36577
3160.0-5  Nomenclature changes; amended.............................5390
3161.1  Revised.....................................................5391
3161.2  Nomenclature changes........................................5391
3161.3  (b) revised.................................................5391
3162.3  (b) amended.................................................5391
3162.3-1  (d) nomenclature change...................................5391
3162.3-2  (a) and (b) amended.......................................5391
3162.3-3  Nomenclature change.......................................5391
3162.4-1  (b) amended...............................................5391
3162.4-3  Heading amended; nomenclature changes.....................5391
3162.6  Revised.....................................................5391
3162.7-2  Nomenclature change; amended..............................5392
3162.7-3  Amended...................................................5392
3162.7-4  (a) amended; (b) through (d) revised......................5392
3163.1  Revised.....................................................5393
    (a)(3) corrected...............................................10225
3163.2  Removed; new 3163.2 redesignated from 3163.4-1 and revised
                                                                    5393
    (a) corrected..................................................10225
3163.3  Removed.....................................................5393
    Redesignated from 3163.4-2......................................5394
3163.4  Added.......................................................5394
    Corrected......................................................10225
3163.4-1  Redesignated as 3163.2 and revised........................5393
3163.4-2  Redesignated as 3163.3....................................5394
3163.5  (b) and (c) amended.........................................5394
    (a) and (c) corrected..........................................10225
3165.3  Revised.....................................................5394
    Heading, (a), and (b) corrected................................10225
3165.4  Revised.....................................................5395
    (d)(1) corrected...............................................10225
3190  Added........................................................27182
3400.0-5  (rr)(5) and (6)(i) corrected...............................416
3420.1-4  (e)(3) revised...........................................46472
3420.1-6  Revised..................................................46473
3430.3-1  (a) amended..............................................25798
3430.3-2  (c) added................................................25798

[[Page 1068]]

3430.4-1  (c) through (e) redesignated as (d) through (f); new (c) 
        and (g) added; new (d)(2) amended..........................25799
3430.4-3  Added....................................................25799
3430.4-4  Added....................................................25799
3430.5-1  (a)(2) amended; (c) added................................25800
3451.2  (e) amended................................................28824
3461.1  Redesignated as 3461.5; new 3461.1 redesignated from 
        3461.2.....................................................46473
3461.2  Redesignated as 3461.1; new 3461.2 redesignated from 
        3461.3.....................................................46473
3461.2-1  Redesignated from 3461.3-1 and (b)(1) revised............46473
3461.2-2  Redesignated from 3461.3-2...............................46473
3461.3  Redesignated as 3461.2; new 3461.3 redesignated from 
        3461.4.....................................................46473
3461.3-1  Redesignated as 3461.2-1 and (b)(1) revised; new 3461.3-
        1 redesignated from 3461.4-1...............................46473
3461.3-2  Redesignated as 3461.2-2; new 3461.3-2 redesignated from 
        3461.4-2...................................................46473
3461.4  Redesignated as 3461.3; new 3461.4 redesignated from 
        3461.5.....................................................46473
3461.4-1  Redesignated as 3461.3-1.................................46473
3461.4-2  Redesignated as 3461.3-2.................................46473
3461.5  Redesignated as 3461.4; new 3461.5 redesignated from 
        3461.1 and amended.........................................46473
    (a)(3), (c)(1), (g)(1), (i)(1) and (t)(2)(ii) amended; (e), 
(o)(1) and (t)(1)(i) revised; (h)(2)(i) removed; (h)(2) (ii) and 
(iii) redesignated as (h)(2) (i) and (ii)..........................46473
3472.1-2  (e)(4)(iv)(A) (3) and (5) corrected........................416
3560  Lease renewals; latent ambiguity corrected...................48124
5441.1  (c) revised................................................26983
5463.2  Existing text designated as (a); (b) added; interim........42587
5473.1  Revised; interim...........................................42587
9262.0-3--9262.1 (Subpart 9262)  Added.............................49116
Public Land Orders:
567  Revoked in part by PLO 6643...................................16248
1094  Revoked in part by PLO 6641..................................10225
1143  Revoked in part by PLO 6660..................................44893
1231  Revoked in part by PLO 6651..................................24293
    Revoked in part by PLO 6655....................................31623
1491  Revoked in part by PLO 6647..................................19351
1641  Revoked in part by PLO 6647..................................19351
2394  Revoked in part by PLO 6660..................................44893
3305  Revoked in part by PLO 6660..................................44893
3776  Revoked in part by PLO 6646..................................19351
4825  Revoked in Part by PLO 6637...................................3802
5184  See PLO 6651.................................................24293
5187  Amended by PLO 6639...........................................4907
    See PLO 6647...................................................19351
6525  Revoked in part by PLO 6653..................................29525
6566  Corrected by PLO 6648........................................21035
6624  Corrected by PLO 6644........................................19352
6625  Corrected by PLO 6640.........................................6557
6629  Corrected by PLO 6638.........................................4774
6632  Corrected by PLO 6645........................................19352
6636  ..............................................................1185
6637  ..............................................................3802
6638  ..............................................................4774
6639  ..............................................................4907
6640  ..............................................................6557
6641  .............................................................10225
6642  .............................................................16248
6643  .............................................................16248
6644  .............................................................19352
6645  .............................................................19352
6646  .............................................................19351
6647  .............................................................19351
6648  .............................................................21035
    Corrected by PLO 6654..........................................29525
6649  .............................................................23548
    Corrected by PLO 6657..........................................33239
6650  .............................................................23549
6651  .............................................................24293
    Corrected by PLO 6655..........................................31623
6652  .............................................................27552
6653  .............................................................29525
    Corrected......................................................32990
6654  .............................................................29525

[[Page 1069]]

6655  .............................................................31623
6656  .............................................................31623
6657  .............................................................33239
6658  .............................................................36577
    Corrected......................................................39329
6659  Corrected....................................................37715
    Corrected......................................................44893
6659  .............................................................36577

                                  1988

43 CFR
                                                                   53 FR
                                                                    Page
Chapter II
2804.1  (b) revised................................................17702
2884.1  (b) revised................................................17702
3000--3040 (Group 3000)  Note amended..............................17375
3000  Authority citation revised............................17351, 22835
3000.0-5  (g), (k), and (l) revised................................17351
    (f) revised....................................................22835
    Correctly designated...........................................31958
3000.4  Revised....................................................22835
3000.8  Added......................................................17351
3000.9  Added......................................................22835
3040  Removed......................................................17351
3100--3190 (Group 3100)  Note amended..............................17375
    Note corrected.................................................31959
3100  Authority citation revised............................17351, 22835
3100.0-3  (a)(2)(i) and (b)(2)(i) revised; (e) amended.............17351
    (a)(2) (iii) and (v), (b)(2)(vi), (c), and (g)(4) amended; 
(a)(2) (vii) through (xi) and (b)(2) (viii) through (xii) added; 
(g)(4) heading revised.............................................22835
    (a)(2)(x) and (c) corrected; (b)(2)(vi) correctly designated 
                                                                   31958
3100.0-5  (a) and (e) revised; (f) and (h) removed; (g), (i), (j), 
        (k), and (l) redesignated as (f), (g), (h), (i) and (j); 
        (d) and new (h) (1) and (2) amended; new (i) and (j) 
        revised....................................................17352
    (k) added......................................................22836
3100.2-2  Amended..................................................17352
3100.3  Removed; new 3100.3 redesignated from 3100.4...............22836
3100.3-1  Removed; new 3100.3-1 redesignated from 3100.4-1.........22836
3100.3-2  Removed; new 3100.3-2 redesignated from 3100.4-2.........22836
3100.3-3  Redesignated from 3100.4-3 and amended...................22836
3100.4  Redesignated as 3100.3.....................................22836
3100.4-1  (b) introductory text, (3), and (4) amended..............17352
    Redesignated as 3100.3-1.......................................22836
3100.4-2  Redesignated as 3100.3-2.................................22836
3100.4-3  Revised..................................................17352
    Redesignated as 3100.3-3 and amended...........................22836
3101.1-1  Revised..................................................17352
3101.1-2  Revised..................................................17352
3101.1-3  Added....................................................17352
    Amended........................................................22836
3101.1-4  Added....................................................22836
    Corrected......................................................31958
3101.2-1  (b) amended..............................................17352
3101.2-3  Amended..................................................17352
3101.2-4  (b) amended..............................................17353
3101.2-5  Amended..................................................17353
3101.3-1  Amended..................................................17353
3101.3-2  Amended..................................................17353
3101.7-1  Revised..................................................22836
3101.7-2  Removed; new 3101.7-2 redesignated from 3101.7-4 and (b) 
        revised....................................................22836
3101.7-3  Removed..................................................22836
    Redesignated from 3101.7-5 and revised.........................22837
3101.7-4  Redesignated as 3101.7-2 and (b) revised.................22836
3101.7-5  Redesignated as 3101.7-3 and revised.....................22837
3101.8  Amended....................................................22837
3102.1  Amended....................................................17353
3102.2  Revised....................................................17353
3102.3  Amended....................................................17353
3102.4  Revised....................................................17353
3102.5  Revised....................................................17353
3102.5-1--3102.5-3  Added..........................................17353
3102.5-1  Revised..................................................22837
3102.5-2  Corrected................................................22837
3103.1-1  Revised..................................................22837
3103.1-2  (a)(1) amended; (a)(2) revised...........................17353
3103.2-1  (a) amended; (b) revised.................................22837
    (a) corrected..................................................31958
3103.2-2  Introductory text revised................................17353
    Introductory text corrected; (a) through (f) revised; (g) 
through (k) removed................................................22837

[[Page 1070]]

3103.3-1  (c) and (d) removed; (e) redesignated as new (c)..........1226
    (b) amended; (c) and (d) removed; (e) redesignated as (c); new 
(d) added..........................................................17354
    Revised........................................................22838
3103.3-2  (a) revised..............................................22838
3103.3-3  Removed..................................................17354
3103.4-1  (b)(1) and (c) amended...................................17354
3103.4-2  Revised..................................................17354
3104.1  (a) revised................................................17354
    Revised........................................................22838
3104.2  Revised....................................................22839
3104.3  (b) amended................................................17354
    Revised........................................................22839
    (a) corrected..................................................31958
3104.4  Revised....................................................22839
3104.5  Revised....................................................22839
3104.6  Revised....................................................17354
3104.7  (b) revised................................................17354
3104.8  Amended....................................................17355
    Corrected......................................................31867
3105.2-3  Revised..................................................17355
3105.6  Added......................................................17355
3106.1--3106.8-3 (Subpart 3106)  Revised...........................17355
3106.1  Revised....................................................22839
3107.1  Amended....................................................17357
    Corrected......................................................22839
3107.2-2  Amended...........................................17357, 22840
3107.2-3  Heading revised..........................................17357
    Amended........................................................22840
    Corrected......................................................31958
3107.3-2  Amended..................................................17357
3107.4  Amended....................................................17357
3107.6  Amended....................................................17357
3107.7  Amended....................................................22840
3107.8-1  (a) revised..............................................22840
3107.8-3  (b) amended..............................................17357
    (a) amended....................................................22840
3108.1  Amended.............................................17357, 22840
3108.2-1  (a) revised; (b) amended.................................17357
3108.2-2  (a) (2) and (3) amended..................................17357
3108.2-4  (a) amended..............................................17357
    (e)(2) amended.................................................22840
3108.3  (a) revised; (b) redesignated as (d); new (b) and (c) 
        added......................................................22840
    Old (c) correctly removed......................................31868
3108.4  Amended....................................................17357
3108.5  Added......................................................17357
    Heading corrected..............................................22840
3109.1-2  Revised..................................................17357
    Corrected......................................................22840
3109.2  (c)(1) and (d)(1)(ii) amended..............................17358
    Heading revised; text amended..................................22840
3109.3  Removed; new 3109.3 redesignated from 3109.4...............22840
3109.4  Redesignated as 3109.3.....................................22840
3110  Revised......................................................22840
    Authority citation corrected...................................31958
3110.1  (b) corrected..............................................31958
3110.3-1  Corrected................................................31958
3110.4  (a) corrected..............................................31958
3110.5-5  Corrected................................................31868
3111.1--3111.3-5 (Subpart 3111)  Removed...........................22843
3112.0-5--3112.7 (Subpart 3112)  Removed...........................22843
3120  Revised......................................................22843
3120.3-2  Introductory text corrected..............................31958
3130  Authority citation revised............................17358, 22846
3130.0-5  (e) removed; (f) and (g) redesignated as (e) and (f).....17358
3130.3  Amended....................................................17358
3130.5  Amended....................................................17358
3131.2  (a) and (b) amended........................................17358
3132.3  (a) and (b) amended........................................17358
3133.1  (c) amended................................................17358
3133.2  Amended....................................................17358
3133.2-1  Amended..................................................17358
3134.1  (a) and (c) amended; (b), (d), and (e) revised.............17358
    (a) amended....................................................22846
3134.1-1  Amended..................................................17358
3134.1-2  Existing text designated as (a) and amended; (b) added 
                                                                   17358
3135.1--3135.1-6 (Subpart 3135)  Heading revised...................17359
3135.1  Revised....................................................17359
3135.1-1  Heading revised; (a) through (d) amended; (e) and (f) 
        added......................................................17359
    (d) corrected..................................................31867
3135.1-2  (b) amended; (c) revised.................................17359
3135.1-3  Revised..................................................17359
    Heading corrected..............................................31959
3135.1-4  Heading revised; (a) amended.............................17359
3136.1  Amended....................................................17359

[[Page 1071]]

3143.1  (a) amended................................................22846
3150  Added........................................................17359
3150.0-5  (b) corrected............................................31959
3152.7  (a)(1) correctly designated................................31959
3154.3  Corrected..................................................31867
3160  Note 1 amended; authority citation revised...................17361
    Authority citation revised.....................................22846
3160  Technical correction.........................................49664
3160.0-5  Revised..................................................17362
    (v) redesignated as (w); new (v) added.........................22846
3161.1  (a) amended................................................17362
3161.2  Amended....................................................17362
3162.1--3162.8 (Subpart 3162)  Heading revised.....................17363
3162.1  (a), (b), and (c) amended..................................17363
3162.2  (a), (b), and (c) amended..................................17363
3162.3  Revised....................................................17363
    (b) corrected..................................................31959
3162.3-1  (c) amended; (d)(3) removed; (d)(4) redesignated as 
        (d)(3); (g) added..........................................17363
    (d) and (e) revised; (f) and (g) redesignated as (h) and (i) 
and revised; new (f) and (g) added.................................22846
    (e) corrected..................................................31958
3162.3-2  (a) amended.......................................17363, 22847
3162.3-3  Amended...........................................17363, 22847
3162.3-4  (a) and (c) amended......................................17363
    (c) amended....................................................22847
3162.4-1  (a) and (b) amended......................................17363
3162.4-2  (a) and (b) amended......................................17363
3162.4-3  Introductory text amended................................16413
3162.5-1  (a), (b), (c) and (e) amended............................17363
    (b) amended....................................................22847
3162.5-2  (a) through (d) amended..................................17363
3162.5-3  Amended..................................................17363
3162.6  (b) amended................................................17363
3162.7-1  (a), (d), and (e) amended................................17363
3162.7-4  Redesignated as 3162.7-5; new 3162.7-4 redesignated from 
        30 CFR 206.104..............................................1218
    Revised.........................................................1226
    Introductory text, (b), (e), and (h) amended...................17364
3162.7-5  Redesignated from 3162.7-4................................1218
    Correctly designated...........................................24688
3162.8  (a) through (d) amended....................................17364
3163.1--3163.6 (Subpart 3163)  Heading revised.....................17364
3163.1  (a) introductory text, (1), (2), (4), (5), and (6), (c) 
        and (d) amended............................................17364
    (a)(5) amended.................................................22847
3163.2  (a), (b), (g)(1), (2) (i), (ii), and (iii) and (j) amended
                                                                   17364
3163.5  Heading revised; (b) and (c) amended.......................17364
3164.1  (b) table amended..........................................46804
3164.1  (b) amended................................................17364
3164.3  (a) amended................................................17364
    (b) amended; (c) added.........................................22847
3165.1  (a) and (c) amended; (b) revised...........................17364
3165.1-1  Amended..................................................17365
3165.2  Amended....................................................17365
3165.3  (a) amended................................................17365
3165.4  (c) and (d) amended........................................17365
3180  Authority citation revised...................................17365
3183.3-1  Redesignated as 3183.4 and revised.......................17365
3183.4  Redesignated as 3183.5; new 3183.4 redesignated from 
        3183.3-1 and revised.......................................17365
3183.5  Redesignated as 3183.6; new 3183.5 redesignated from 
        3183.4.....................................................17365
3183.6  Redesignated as 3183.7; new 3183.6 redesignated from 
        3183.5.....................................................17365
3183.7  Redesignated from 3183.6...................................17365
3184.1 (Subpart 3184)  Removed.....................................22847
3186.1  Amended....................................................17365
    Corrected...............................................31867, 31959
3200--3280 (Group 3200)  Note added................................17375
3200  Authority citation revised............................17366, 22847
3200.0-3  Amended..................................................17366
3200.0-5  (b), (e), (f), and (g) revised; (k) (1) through (3) 
        removed; (m) through (w) added.............................17366
3200.0-6--3200.0-7  Removed........................................17366
3200.0-6  Redesignated from 3200.0-8 and (a) amended...............17366
3200.0-8  Redesignated as 3200.0-6 and (a) amended.................17366

[[Page 1072]]

3200.1  Added......................................................17366
    (c) corrected..................................................31959
3200.2  Added......................................................17366
    Corrected......................................................31867
3201.1-1  Existing text designated as (b) and amended; (a) added 
                                                                   17367
3201.1-2  (b)(2) amended...........................................17367
3201.1-4  Amended..................................................17367
3202.2  Amended....................................................17367
3202.2-2  Removed; new 3202.2-2 redesignated from 3202.2-3 and 
        revised....................................................17367
3202.2-3  Redesignated as 3202.2-2 and revised; new 3202.2-3 
        redesignated from 3202.2-5 and amended.....................17367
3202.2-4  Removed; new 3202.2-4 redesignated from 3202.2-6 and 
        amended....................................................17367
3202.2-5  Redesignated as 3202.2-3 and amended.....................17367
3202.2-6  Redesignated as 3202.2-4 and amended.....................17367
3203.1-1  Revised..................................................17367
3203.1-3  (a) designation removed..................................17367
3203.1-4  (d) amended..............................................17367
3203.2  (b) and (d) amended........................................17367
3203.3  Amended....................................................17368
3203.5  Amended....................................................17368
3203.6  Introductory text, (a) and (b) amended.....................17368
3203.8  (a) and (b) amended........................................17368
3205.1--3205.4-2 (Subpart 3205)  Heading revised...................17368
3205.1-2  (a)(1) amended...........................................17368
3205.2  Revised....................................................17368
3205.3-1  Amended..................................................17368
3205.3-2  (a) and (c) amended; (d) revised.........................17368
3205.3-7  (b) introductory text revised............................17368
3205.3-8  Revised..................................................17368
3205.3-9  Amended..................................................17369
3205.4-1  Amended..................................................17369
3205.4-2  Amended..................................................17369
3206.1  Revised....................................................17369
3206.1-1  Revised...........................................17369, 22847
    (c)(5)(iii) corrected..........................................31958
3206.1-2  Revised..................................................17369
    Corrected......................................................31867
3206.2  Revised....................................................17369
    Corrected......................................................31959
3206.3  Removed; new 3206.3 redesignated from 3206.3-3 and revised
                                                                   17369
3206.3-1--3206.3-2  Removed........................................17369
3206.3-3  Redesignated as 3206.3 and revised.......................17369
3206.4  Removed; new 3206.4 redesignated from 3206.5 and revised 
                                                                   22847
3206.4-1--3206.4-3  Removed........................................22847
3206.5  Revised....................................................17369
    Redesignated as 3206.4 and revised; new 3206.5 redesignated 
from 3206.6 and revised............................................22847
3206.6  Revised....................................................17369
    Redesignated as 3206.5 and revised.............................22847
    Added..........................................................22848
3206.9  Added......................................................17369
3207.2-3  (c) revised..............................................17369
3207.3-2  (c) revised..............................................17369
3209.0-1  (a) amended..............................................17369
    (a) corrected..................................................31867
3209.0-5  (c) removed; (d) redesignated as (c).....................17370
3209.4-1  (b) revised..............................................17370
3210  Authority citation revised...................................17370
    Note removed...................................................17375
3210.2-1  Revised..................................................17370
3220  Authority citation revised...................................17370
3220.2  Revised....................................................17370
3220.2-1  Added....................................................17370
3220.2-2  Added....................................................17370
    Corrected......................................................31959
3220.3  Revised....................................................17370
    Corrected......................................................31959
3220.4  (a) amended................................................17370
3220.5  (c) through (e) redesignated as (d) through (f); (b), new 
        (e) and (f) amended; new (d) revised; new (c) added........17370
3240  Authority citation revised...................................17370
3241.1--3241.9 (Subpart 3241)  Heading revised.....................17370
3241.1  Revised....................................................17371
3241.1-1  Heading revised; (a) designation removed and text 
        amended; (b) removed; (1), (2), and (3) redesignated as 
        (a), (b), and (c)..........................................17371
3241.1-2  Added....................................................17371
3241.2  Revised....................................................17371

[[Page 1073]]

3241.2-1  Revised..................................................17371
3241.2-2  Removed; new 3241.2-2 redesignated from 3241.2-3 and 
        revised....................................................17371
3241.2-3  Redesignated as 3241.2-2 and revised; new 3241.2-3 
        redesignated from 3241.2-4 and revised.....................17371
3241.2-4  Redesignated as 3241.2-3 and revised; and 3241.2-4 
        redesignated from 3241.2-5 and revised.....................17371
3241.2-5  Redesignated as 3241.2-4 and revised.....................17371
3241.3  Revised....................................................17371
3241.4  Revised....................................................17371
3241.5  Revised....................................................17371
3241.7-1  (b) amended; (d) redesignated as (c) and amended.........17371
3241.8  Revised....................................................17371
3241.9  Revised....................................................17371
3242.1  Introductory text and (c) amended..........................17371
3242.2-2  Amended..................................................17372
3243.1  Amended....................................................17372
3243.2  Amended....................................................17372
3243.3-1  (a), (b), (c) amended....................................17372
3243.3-2  Amended..................................................17372
3243.4-1  (a) revised; (b) and (c) amended.........................17372
3243.4-2  (a) and (b) amended......................................17372
3244.1  (a) introductory text revised..............................17372
3244.2-1  Amended..................................................17372
3244.2-2  (a) and (b)(1) amended...................................17372
3244.5  Amended....................................................17372
3250  Authority citation revised...................................17372
      Note removed.................................................17375
3250.0-1--3250.9 (Subpart 3250)  Note removed......................17375
3250.0-3  Amended..................................................17372
3250.1-2  Revised..................................................17372
3250.4-1  Amended..................................................17373
3250.4-2  Amended..................................................17373
3250.6-1  (b) amended..............................................17373
3250.6-2  (a) amended..............................................17373
3250.6-3  Amended..................................................17373
3250.8  (a) and (b) amended........................................17373
3250.9  (a) and (d) amended........................................17373
3260  Note 1 amended; Note 2 revised...............................17375
3260.0-5  (a) and (b) revised; (c) through (o) redesignated as (d) 
        through (p); new (c) added; new (i) and (p) amended; new 
        (j) and (o) revised........................................17373
3261.2  Amended....................................................17373
3261.8  Removed....................................................17373
3262.1--3262.9 (Subpart 3262)  Heading revised.....................17373
3262.1  (a), (b), and (c) amended..................................17373
3262.2  Revised....................................................17373
3262.2-1  Heading revised; text amended............................17374
3262.3  (a) and (b) amended........................................17374
3262.4  Amended....................................................17374
3262.4-1  Introductory text and (i) amended........................17374
3262.4-2  Amended..................................................17374
3262.5  Amended....................................................17374
3262.5-1  (a), (b) and (c) amended.................................17374
3262.5-2  (a) and (b) amended......................................17374
3262.5-3  Amended..................................................17374
3262.5-4  Amended..................................................17374
3262.5-5  Amended..................................................17374
3262.6  Amended....................................................17374
3262.6-1  Amended..................................................17374
3262.6-2  Amended..................................................17374
3262.6-3  Amended..................................................17374
3262.7  Amended....................................................17374
3262.7-1  Amended..................................................17374
3263.1  Amended....................................................17374
3263.2  Amended....................................................17374
3263.3  Revised....................................................17374
3264.2-2  (d) amended..............................................17374
3264.2-3  Amended..................................................17375
3264.3  Amended....................................................17375
3264.4  Removed; new 3264.4 redesignated from 3264.5 and amended 
                                                                   17375
3264.5  Redesignated as 3264.4 and amended.........................17375
3265.1  (a) amended................................................17375
3280  Authority citation revised...................................22848
3284.1 (Subpart 3284)  Removed.....................................22848
3450 Technical correction..........................................39015
3451.1  (c)(2) and (e) revised.....................................37300
3451.2  (a), (b), (c), and (e) revised.............................37300
3483.3  (b) (1) and (3) amended....................................49986
3500--3590 (Group 3500)  Heading revised...........................39461

[[Page 1074]]

3590  Revised......................................................39461
3597.2  Redesignated as 30 CFR 206.301.............................39461
3830  Authority citation added.....................................48881
3833.0-3  (d) amended..............................................48881
3833.0-5  (j) revised; (p), (q), (r) and (s) added.................48881
3833.1-1  Heading revised; existing text designated as (a); (b) 
        added......................................................48881
3833.1-3  Revised..................................................48881
3833.1-4  Added....................................................48881
    Technical correction...........................................49664
3833.2  Revised....................................................48881
3833.2-1  Revised..................................................48881
3833.2-2  Redesignated as 3833.2-4; new 3833.2-2 added.............48881
3833.2-3  Redesignated as 3833.2-5; new 3833.2-3 added.............48881
3833.2-4  Redesignated as 3833.2-6; new 3833.2-4 redesignated from 
        3833.2-2...................................................48881
3833.2-5  Redesignated from 3833.2-3...............................48881
3833.2-6  Redesignated from 3833.2-4...............................48881
3833.4  (b) amended................................................48882
3833.5  (d) amended; (h) added.....................................48882
3850  Authority citation added.....................................48882
3852.2  (a) amended................................................48882
3860  Authority citation added.....................................48882
3862.1-2  Revised..................................................48882
4100  Authority citation revised...................................10232
4100.0-5  Amended..................................................10232
4100.0-8  Added....................................................10233
4110.2-1  (d) and (e) added........................................10233
4110.2-2  Revised..................................................10233
4110.2-3  (c) revised; (e) amended.................................10233
4110.2-4  Added....................................................10233
4110.3  Heading revised; text added................................10233
4110.3-1  Revised..................................................10233
4110.3-2  Revised..................................................10234
4110.3-3  (a) revised..............................................10234
4110.4-1  Revised..................................................10234
4120.1  Removed....................................................10234
4120.2  Removed; new 4120.2 added..................................10234
    Removal statement corrected....................................22326
    Revision correctly designated..................................22326
4120.2-1  (c) removed..............................................10234
    (c) removal statement corrected................................22326
4120.2-3  Added....................................................10234
    Section designation corrected to 4120.2........................22326
4120.3-5  Revised..................................................10234
4130.1-2  Introductory text amended; (a) revised...................10234
4130.2  (d)(3) removed.............................................10234
    (d)(3) removal statement corrected.............................22326
4130.4-1  (b) amended..............................................10234
4130.5-1  Removed..................................................22326
4130.5-2  Removed..................................................22326
4130.5-3  Removed..................................................22326
4130.6  Amended....................................................10234
4130.6-1  (a) amended..............................................10234
4130.6-3  Addition at 49 FR 6453 confirmed.........................10234
4130.7-1  (a) (1), (2) and (3) added................................2993
    (d) amended; (e) added.........................................10235
    (e) correctly designated and amended...........................22326
4140.1  (a)(3) revised; (b)(7) and (8) removed.....................10235
    (a)(3) and (b) (7) and (8) amendatory instruction corrected....22326
4150.3  Introductory text, (a), (b), and (c) revised...............10235
4170.1-3  Revised..................................................10235
4170.1-4  Removed..................................................10235
5463.2  Existing text designation as (a) and (b) addition 
        confirmed..................................................31002
5473.1  Revision confirmed.........................................31002
8340.0-5  (f), (g), and (h) revised................................31003
8341.2  (a) amended................................................31003
8342.2  Revised....................................................31003
8370  Authority citation revised...................................10394
8272.6  (b) revised................................................10394
Public Land Orders:
245  Revoked in part by PLO 6685...................................28206
503  Revoked in part by PLO 6680...................................22488
829  Revoked in part by PLO 6671...................................12419
960  Revoked by PLO 6690...........................................49151

[[Page 1075]]

1343  See PLO 6689.................................................47956
1571  Amended by PLO 6679..........................................20846
    Revoked in part by PLO 6683....................................22326
3953  Revoked in part by PLO 6673..................................12420
4056  Revoked in part by PLO 6673..................................12420
5150  Revoked in part by PLO 6683..................................22326
5179  See PLO 6673.................................................12420
5187  See PLO 6679.................................................20846
5548  See PLO 6678.................................................18283
5550  Revoked in part by PLO 6692..................................49551
5566  Corrected by PLO 6692........................................49551
6590  Corrected by PLO 6681........................................22489
6618  Corrected by PLO 6678........................................18283
6627  Revoked by PLO 6682..........................................22489
6659  Corrected....................................................10330
6661  ..............................................................1359
6662  ..............................................................1359
6663  ..............................................................3750
6664  ..............................................................7187
6665  ..............................................................7187
6666  ..............................................................7520
6667  ..............................................................9628
6668  ..............................................................9628
6669  ..............................................................9628
6670  .............................................................10535
6671  .............................................................12419
6672  .............................................................12420
6673  .............................................................12420
6674  .............................................................15041
6675  .............................................................16269
6676  .............................................................18282
6677  .............................................................18283
6678  .............................................................18283
6679  .............................................................20846
6680  .............................................................22488
6681  .............................................................22489
6682  .............................................................22489
6683  .............................................................22326
6684  .............................................................22327
6685  .............................................................28206
6686  .............................................................30264
6687  .............................................................39274
6688  .............................................................46871
6689  .............................................................47955
6690  .............................................................49151
6691  .............................................................49664
6692  .............................................................49551
6693  .............................................................49664
6694  .............................................................52424
6697  .............................................................52997

                                  1989

43 CFR
                                                                   54 FR
                                                                    Page
Chapter II
2800  Authority citation revised...................................25854
2800.0-3  Revised..................................................25854
2800.0-5  (u) through (z) added....................................25854
2801.3  Revised....................................................25854
2810  Authority citation added.....................................25855
2812.0-3  Revised..................................................25855
2812.1-3  Revised..................................................25855
2880  Authority citation revised...................................25855
2881.3  Revised....................................................25855
3160  Technical correction..................................39527, 39529
3164.1  (b) table amended..........................................8060,
                                                              8092, 8106
    (b) table corrected.....................................39527, 39529
3200--3260 (Group 3200)  Note revised; interim.....................13885
3200  Authority citation revised...................................13885
3200.0-5  (x) and (y) added; interim...............................13885
3201.1-1  (c) added; interim.......................................13885
3201.1-6  Revised; interim.........................................13885
3203.1  Revised; interim...........................................13886
3203.1-3  Existing text designated as (a) and revised; (b) added; 
        interim....................................................13886
3203.1-4  (e) removed; (b) and (c) revised; interim................13886
3203.5  Amended; interim...........................................13887
3244.4  Existing text designated as (a); (b) added; interim........13887
3283.2-2  Added; interim...........................................13887
3480  Training seminars............................................12611
3485.2  (d) through (i) and (k) removed; (j) redesignated as (d) 
                                                                    1532
4110.4-2  (a) revised..............................................31485
8360  Authority citation corrected.................................51031
8365.1-4  Introductory text and (a) through (f) redesignated as 
        (a) introductory text and (1) through (6); new (b) added 
                                                                   21624
9230  Authority citation revised...................................25855
9239.7-1  Revised..................................................25855
9260  Authority citation revised...................................25855
9262.0--9262.1 (Subpart 9262)  Revised.............................25855

[[Page 1076]]

Public Land Orders:
604  Revoked in part by PLO 6722...................................14802
725  Revoked in part by PLO 6728...................................17708
1038  Revoked in part by PLO 6757..................................49761
1176  Revoked in part by PLO 6758..................................51882
1345  Revoked in part by PLO 6695....................................124
1742  Revoked in part by PLO 6738..................................30214
1867  Amended by PLO 6723..........................................14802
2301  Revoked in part by PLO 6735..................................30213
2693  Amended by PLO 6710...........................................9213
2729  Revoked in part by PLO 6744..................................36973
3305  Amended by PLO 6711..........................................10988
3708  Amended by PLO 6709...........................................6919
5150  Amended by PLO 6727..........................................17708
5180  See PLO 6724.................................................17707
5186  See PLO 6724.................................................17707
5187  See PLO 6695...................................................124
6695  ...............................................................124
6696  ...............................................................124
    Corrected................................................5302, 26467
6698  ...............................................................402
6699  ...............................................................975
6700  ...............................................................975
6701  ...............................................................975
6702  ...............................................................976
    Corrected...............................................14734, 30214
6703  ...............................................................977
6704  ...............................................................978
6705  ...............................................................978
6706  ...............................................................979
    Corrected.......................................................6232
6707  ..............................................................5932
6708  ..............................................................6919
6709  ..............................................................6919
6710  ..............................................................9213
6711  .............................................................10988
6712  .............................................................12450
6713  .............................................................12450
6714  .............................................................13523
6715  .............................................................13524
6716  .............................................................13524
6717  .............................................................14800
6718  .............................................................14801
6719  .............................................................14801
6720  .............................................................14801
6721  .............................................................14802
6722  .............................................................14802
6723  .............................................................14802
6724  .............................................................17707
6725  .............................................................17707
    Corrected......................................................30214
6726  .............................................................17708
6727  .............................................................17708
6728  .............................................................17708
6729  .............................................................17709
    Corrected......................................................30213
6730  .............................................................25855
6731  Revokes PLO 6730.............................................27176
    Corrected......................................................30973
6732  .............................................................30214
6733  .............................................................30213
6734  .............................................................30215
6735  .............................................................30213
6736  .............................................................30213
6737  .............................................................30215
6738  .............................................................30214
6739  .............................................................30214
6740  .............................................................31030
6741  .............................................................32812
6742  .............................................................32812
6743  .............................................................33693
6744  .............................................................36973
6745  .............................................................36973
6746  .............................................................36973
6747  .............................................................37812
6748  .............................................................38525
6748  Revokes E.O. 1082 and PLO 5761...............................38525
6749  .............................................................38853
6750  .............................................................43178
    Corrected......................................................47451
6751  .............................................................46898
6752  .............................................................47982
6753  .............................................................48247
6754  .............................................................48247
6755  .............................................................48246
6756  .............................................................48247
6757  .............................................................49761
6758  .............................................................51882
6759  .............................................................51882
6760  .............................................................53612

                                  1990

43 CFR
                                                                   55 FR
                                                                    Page
Chapter II
3106.5  Amended....................................................12350
    Corrected......................................................18604
3140.0-5  (d) removed; (e), (f), and (g) redesignated as (d), (e), 
        and (f)....................................................12351
3140.1-3  (a) and (b) amended......................................12351
3140.1-4  (d)(1) amended...........................................12351

[[Page 1077]]

3140.2-2  Revised..................................................12351
3140.2-3  (a), (b), (g)(1), (2) and (3) amended....................12351
3140.3-2  Amended..................................................12351
3140.4-1  (a) amended..............................................12351
3140.7  Amended....................................................12351
3141.0-8  (a) revised; (b) amended.................................12351
3141.2-1  Amended..................................................12351
3141.2-2  (b)(4) and (e)(3) amended................................12351
3141.4-2  (b) amended..............................................12351
3141.5-3  (a) revised; (b) and (d) amended.........................12351
3141.6-2  Amended..................................................12351
3141.6-7  Revised..................................................12351
3160  Authority citation revised...................................12351
3164.1  (b) table revised..........................................48967
3200--3260 (Group 3200)  Regulation at 54 FR 13885 confirmed.......26443
3200.0-5  Regulation at 54 FR 13885 confirmed......................26443
3201.1-1  Regulation at 54 FR 13885 confirmed......................26443
3201.1-6  Regulation at 54 FR 13885 confirmed......................26443
3203.1  Regulation at 54 FR 13885 confirmed........................26443
3203.1-3  Regulation at 54 FR 13886 confirmed......................26443
3203.1-4  Regulation at 54 FR 13886 confirmed......................26443
3203.5  Regulation at 54 FR 13887 confirmed........................26443
3244.4  Regulation at 54 FR 13887 confirmed........................26443
3283.2-2  Regulation at 54 FR 13887 confirmed......................26443
3473.3-2  (a)(1) removed; (a)(2) through (4) and (b) through (d) 
        redesignated as (a)(1) through (3) and (c) through (e); 
        new (a)(2) revised; new (b) added...........................2664
3833.0-5  (k), (l), and (m) amended................................17754
3833.1-2  (b) introductory text amended............................17754
3833.2-6  Amended..................................................17754
3833.3  (a) introductory text amended..............................17754
3833.4  (a), (b), and (d) amended..................................17754
3833.5  (c) amended................................................17754
4100  Authority citation revised...................................12352
4100.0-1  Authority citation removed...............................12352
4100.0-2  Authority citation removed...............................12352
4100.0-3  Authority citation removed...............................12352
4100.0-5  Authority citation removed...............................12352
4110.1  Authority citation removed.................................12352
4110.1-1  Authority citation removed...............................12352
4110.2-1  Authority citation removed...............................12352
4110.2-3  Authority citation removed...............................12352
4110.3-3  Authority citation removed...............................12352
4110.4-2  Authority citation removed...............................12352
4110.5  Authority citation removed.................................12352
4120.3  Authority citation removed.................................12352
4120.3-1  Authority citation removed...............................12352
4120.3-2  Authority citation removed...............................12352
4120.3-3  Authority citation removed...............................12352
4120.3-4  Authority citation removed...............................12352
4120.3-6  Authority citation removed...............................12352
4120.3-7  Authority citation removed...............................12352
4120.4  Authority citation removed.................................12352
4130.1  Authority citation removed.................................12352
4130.1-1  Authority citation removed...............................12352
4130.1-2  Authority citation removed...............................12352
4130.2  Authority citation removed.................................12352
4130.3  Authority citation removed.................................12352
4130.4  Authority citation removed.................................12352
4130.4-1  Authority citation removed...............................12352

[[Page 1078]]

4130.5  Authority citation removed.................................12352
4130.6  Authority citation removed.................................12352
4130.6-1  Authority citation removed...............................12352
4130.6-2  Authority citation removed...............................12352
4130.6-3  Authority citation removed...............................12352
4130.7  Authority citation removed.................................12352
4130.7-1  Authority citation removed...............................12352
4130.7-2  Authority citation removed...............................12352
4130.7-3  Authority citation removed...............................12352
4130.8  Authority citation removed.................................12352
4140.1  Authority citation removed.................................12352
4150.2  Authority citation removed.................................12352
4150.3  Authority citation removed.................................12352
4150.4-1  Authority citation removed...............................12352
4150.4-2  Authority citation removed...............................12352
4150.4-3  Authority citation removed...............................12352
4160.1-1  Authority citation removed...............................12352
4160.1-2  Authority citation removed...............................12352
4160.2  Authority citation removed.................................12352
4160.3  Authority citation removed.................................12352
4160.4  Authority citation removed.................................12352
4170.1-2  Authority citation removed...............................12352
4750.3-3  (a) introductory text amended; (b)(7) removed; (b) 
        redesignated as (c); new (b) added; new (c) introductory 
        text, (3), (5) and (6) revised.............................39152
5402.1  Removed....................................................22917
5441.1-1  Revised..................................................22917
5442.2  Revised....................................................17755
5450  Authority citation revised.............................3953, 19886
5450.1  (b) redesignated as (c); (b) added..........................3955
5451.2  Existing text designated as (a); (b) added..................3955
    (a) revised....................................................19886
5451.3  Revised....................................................19886
5460  Authority citation revised...................................19886
5461.2  (a) revised................................................19886
9180  Authority citation revised...................................12352
9180.0-3  Authority citation removed...............................12352
9185.1-2  Authority citation removed...............................12352
9185.4-1  Authority citation removed...............................12352
9185.4-2  Authority citation removed...............................12352
9185.4-3  Authority citation removed...............................12352
9264.1  (k)(1) and (2) authority citation removed..................12352
9264.7  Authority citation removed.................................12352
9265.5  (a), (b), (c), (d)(1) and (3) authority citation removed 
                                                                   12352
9266.4  (a) and (b) authority citation removed.....................12352
9268.0-3  Authority citation removed...............................12352
9268.3  (a), (2)(ix), (3)(iv)(B) and (4), (c)(1)(ii), (3), 
        (d)(1)(vi), (2), and, (e)(1) authority citation removed....12352
9269.0-3  (b)(3) authority citation removed........................12352
9269.3-3  (d) and (2)(iii) authority citation removed..............12352
9269.3-4  (a)(1), (b)(1) and (2), (c)(1) and (2) authority 
        citation removed...........................................12352
9269.3-5  (b)(1)(iii) authority citation removed...................12352
Public Land Orders:
829  Revoked in part by PLO 6813...................................45805
725  Revoked in part by PLO 6781...................................19629
1094  Revoked in part by PLO 6789..................................32420
1127  Revoked in part by PLO 6789..................................32420

[[Page 1079]]

1344  Revoked in part by PLO 6773..................................14283
1396  Revoked in part by PLO 6778..................................17755
1535  Revoked in part by PLO 6773..................................14283
1626  Revoked in part by PLO 6768...................................5012
1697  Revoked by PLO 6777..........................................18335
2133  Revoked in part by PLO 6792..................................32914
2354  Revoked in part by PLO 6780..................................19629
2434  Revoked in part by PLO 6807..................................42959
2489  Revoked in part by PLO 6791..................................32914
3324  Revoked in part by PLO 6805..................................42958
3520  Revoked in part by PLO 6795..................................38549
4176  Revoked in part by PLO 6786..................................27823
    Corrected...............................................30796, 40996
4484  Revoked in part by PLO 6821..................................49897
4508  Revoked in part by PLO 6790..................................32420
5180  Amended by PLO 6787..........................................29360
5184  Amended by PLO 6787..........................................29360
5187  Revoked in part by PLO 6778..................................17755
6397  Amended by PLO 6822..........................................49897
6760  Corrected......................................................695
6761  ...............................................................862
6762  ...............................................................863
6763  ..............................................................1210
6764  ..............................................................3740
6765  ..............................................................4838
    Corrected.......................................................8288
6766  ..............................................................5011
6767  ..............................................................5012
6768  ..............................................................5012
6769  ..............................................................6392
6770  ..............................................................7898
6771  .............................................................11373
6772  .............................................................12352
6773  .............................................................14283
6774  .............................................................14284
6775  .............................................................14284
6776  .............................................................14422
6777  .............................................................18335
6778  .............................................................17755
6779  .............................................................19070
6780  .............................................................19629
6781  .............................................................19629
6782  .............................................................20766
    Technical correction...........................................21674
6783  .............................................................26206
6784  .............................................................27467
6785  .............................................................27822
    Corrected......................................................29293
6786  ......................................................27823, 40996
    Corrected......................................................30796
6787  .............................................................29360
6788  .............................................................32419
6789  .............................................................32420
6790  .............................................................32420
6791  .............................................................32914
6792  .............................................................32914
6793  .............................................................32915
6794  .............................................................32915
6795  .............................................................38549
6796  Eff. 10-19-90................................................38549
6797  .............................................................37878
    Correctly designated and amended...............................39353
6798  Eff. 10-15-90................................................37879
6799  .............................................................37878
6800  Eff. 10-19-90................................................38549
6801  .............................................................38550
6802  .............................................................39152
6803  .............................................................41189
6804  .............................................................41855
6805  .............................................................42958
6806  .............................................................42959
6807  .............................................................42959
6808  .............................................................42959
    Corrected......................................................47165
6809  .............................................................42960
    Corrected......................................................46887
6810  .............................................................43343
6811  .............................................................42960
6812  .............................................................45805
6813  .............................................................45805
6814  .............................................................46668
6815  .............................................................48844
6816  .............................................................48844
6817  .............................................................49522
6818  .............................................................49522
6819  .............................................................49523
6820  .............................................................50181
6821  .............................................................49897
6822  .............................................................49897
6823  .............................................................51905
6824  .............................................................51906
6825  .............................................................52171

[[Page 1080]]

                                  1991

43 CFR
                                                                   55 FR
                                                                    Page
Chapter II
3162.7-4  Interpretation...........................................63661
3190.4  Added.......................................................2998
3192.1--3192.5-2 (Subpart 3192) Added...............................2998
4700  (Group 4700) Note amended......................................786
4770.3  Revised......................................................786
5400  Authority citation revised...................................10174
5400.0-3  (e) adding...............................................10174
5400.0-5  Amended..................................................10175
5401.0-6  (a) amended..............................................10175
5402.0-6  (c)(2) revised...........................................10175
5420  Authority citation revised...................................10175
5424.0-5  Removed..................................................10175
5424.0-6  Revised..................................................10175
5450  Authority citation revised...................................10175
5450.1  (d) added..................................................10175
    (d) correctly designated.......................................47916
5460  Authority citation revised...................................10175
    Authority citation revised.....................................33832
5462.1 (Subpart 5462)  Added.......................................10176
5463.1  Amended; interim...........................................33832
5463.2  Removed; interim...........................................33832
5470  Authority citation revised...................................33832
5473.1  Revised; interim...........................................33832
5473.4  Revised; interim...........................................33832
5473.4-1  (a) revised; interim.....................................33833
9230  Authority citation revised...................................10176
9239.0-7  Amended..................................................10176
9239.0-8  Amended..................................................10176
9239.1  Heading revised............................................10176
9239.1-1  Heading revised; (a), (b) and (c) redesignated as 
        (d)(1), (2) and (3); new (a) through (c) and (d) 
        introductory text added....................................10176
9239.1-2  Heading revised; existing text redesignated as (b); (a) 
        added......................................................10176
9239.1-3  Revised..................................................10176
Public Land Orders:
1494  Revoked in part by PLO 6841..................................14206
1655  Revoked in part by PLO 6848..................................16278
1817  Revoked in part by PLO 6877..................................46123
1992  Revoked in part by PLO 6832..................................11939
2051  Revoked in part by PLO 6855..................................19952
2314  Revoked in part by PLO 6841..................................14206
2344  Amended by PLO 6839..........................................13413
2729  Revoked in part by PLO 6867..................................40263
3606  Revoked in part by PLO 6858..................................23022
3776  Revoked in part by PLO 6882..................................47677
3842  Revoked in part by PLO 6851..................................19595
3843  Revoked in part by PLO 6830...................................2443
4249  Revoked in part by PLO 6901..................................56321
4522  Revoked in part by PLO 6866..................................38083
4747  Amended by PLO 6902..........................................56322
4958  Revoked by PLO 6859..........................................23232
5187  Revoked in part by PLO 6900..................................55828
6403  Amended by PLO 6826...........................................3038
6826  ..............................................................3038
    Corrected.......................................................5731
6827  ..............................................................1492
6828  ..............................................................2442
6829  ..............................................................2442
6830  ..............................................................2443
    Corrected.......................................................3524
6831  ..............................................................3039
    Corrected by PLO 6885..........................................50059
6832  .............................................................11939
6833  .............................................................11940
6834  .............................................................11941
6835  .............................................................11940
6836  .............................................................11941
6837  .............................................................11940
6838  .............................................................10380
6839  .............................................................13413
6840  .............................................................13081
6841  .............................................................14206
6842  .............................................................14475
6843  .............................................................14476
6844  .............................................................14476
    Corrected......................................................20066
6845  .............................................................14865
6846  .............................................................14865
    Corrected......................................................21530
6847  .............................................................15505
6848  .............................................................16277
6849  .............................................................16278

[[Page 1081]]

    Corrected...............................................24119, 27692
    Corrected by PLO 6907..........................................57806
6850  .............................................................18519
6851  .............................................................19595
6852  .............................................................19596
6853  .............................................................19596
6854  .............................................................19806
6855  .............................................................19952
6856  .............................................................20550
6857  .............................................................20551
6858  .............................................................23022
6859  .............................................................23232
6860  .............................................................23023
6861  .............................................................26035
6862  .............................................................27692
6863  .............................................................27693
6864  .............................................................29591
6865  .............................................................32515
6866  .............................................................38083
6867  .............................................................40263
6868  .............................................................40263
    Corrected......................................................43648
6869  .............................................................41075
    Technical correction...........................................43648
6870  .............................................................42541
6871  .............................................................42539
    Corrected......................................................46354
6872  .............................................................42540
6873  .............................................................42540
    Corrected...............................................46354, 47832
6874  .............................................................42540
6875  .............................................................42539
6876  .............................................................46122
6877  .............................................................46123
6878  .............................................................46123
6879  .............................................................46123
6880  .............................................................49416
    Corrected by PLO 6918..........................................66602
6881  .............................................................47414
6882  .............................................................47677
6883  .............................................................50058
    Corrected by PLO 6914..........................................60929
6884  .............................................................49847
    Corrected......................................................56275
6885  .............................................................50059
6886  .............................................................50661
6887  .............................................................50824
6888  .............................................................50661
6889  .............................................................51177
6890  .............................................................51334
    Corrected......................................................58122
6891  .............................................................51986
6892  .............................................................52210
6893  .............................................................52210
6894  .............................................................52211
6895  .............................................................52212
6896  .............................................................52477
6897  .............................................................54796
6898  .............................................................55827
6899  .............................................................55827
6900  .............................................................55828
6901  .............................................................56321
6902  .............................................................56322
6903  .............................................................56936
6904  .............................................................56936
6905  .............................................................57805
6906  .............................................................57806
6907  .............................................................57806
6908  .............................................................57806
6909  .............................................................57807
6910  .............................................................59219
6911  .............................................................60927
6912  .............................................................60928
6913  .............................................................60928
6914  .............................................................60929
6915  .............................................................60929
6916  .............................................................64713
6917  .............................................................66602
6918  .............................................................66602

                                  1992

43 CFR
                                                                   57 FR
                                                                    Page
Chapter II
2740  Authority citation revised...................................32732
2740.0-3  (c) added................................................32732
2740.0-5  (f) and (g) added........................................32732
2740.0-6  (a) amended..............................................32732
2740.0-7  (d) added................................................32732
2740.0-9  Added....................................................32732
2741.5  (i) removed; (j) redesignated as (i).......................32733
2743.1--2743.4 (Subpart 2743)  Added...............................32733
3100  Authority citation revised...................................35973
3100.0-9  Added....................................................35973
3103.4-1  (c) and (d) redesignated as (b)(3) and (e); (b)(1) 
        revised; new (c) and (d) added.............................35973
3150  Authority citation revised....................................9012
3150.2  Added; interim; effective to 12-31-92.......................9012
    (b) revised; eff. 10-26-92.....................................44336
3160  Technical correction..............................2039, 2136, 5211
    Authority citation revised......................................3024
    Notes 1 and 2 removed...........................................3024

[[Page 1082]]

3160.0-9  Added.....................................................3024
3164.1  (b) table amended...........................................3025
3165.4  (c), (d) and (e) redesignated as (d), (e) and (f); new (c) 
        added; interim; effective to 12-31-92.......................9013
    (c) revised; eff. 10-26-92.....................................44337
3260  Authority citation revised...................................29651
3266.1  Revised....................................................29651
4700  Authority citation revised...................................29654
4700.0-9  Added....................................................29654
4770.3  (c) added..................................................29654
5400.0-5  Amended..................................................62235
5461.2  Introductory text removed; (a) revised.....................62235
5463.1  Regulation at 56 FR 33832 confirmed........................37477
5463.2  Regulation at 56 FR 33832 confirmed........................37477
5473.1  Revised....................................................37477
5473.4  Revised....................................................37477
    (d) removed; (e) redesignated as (d)...........................62235
5473.4-1  (a) revised..............................................37477
8360.0-5  (e) added................................................61243
8365.1-3  Existing text designated as (a); (b) added...............61243
Public Land Orders:
203  Revoked by PLO 6954...........................................61326
547  Revoked in part by PLO 6942...................................38782
829  Revoked in part by PLO 6940...................................35468
1176  Revoked in part by PLO 6923...................................5987
1567  Revoked in part by PLO 6948..................................45324
1825  Revoked in part by PLO 6919...................................2841
2051  Revoked in part by PLO 6933..................................27000
2460  Revoked in part by PLO 6945..................................43406
4522  Amended by PLO 6926..........................................19092
    Revoked in part by PLO 6934....................................28637
    Corrected......................................................53191
5150  Amended by PLO 6932..........................................24985
    Corrected by PLO 6937..........................................32180
5187  Revoked in part by PLO 6942..................................38782
5554  Revoked in part by PLO 6938..................................34520
5721  Revoked by PLO 6946..........................................45322
6649  Extended by PLO 6935.........................................28638
6894  Corrected by PLO 6920.........................................2842
6915  Corrected.....................................................3674
    Corrected by PLO 6927..........................................21613
6916  Corrected.....................................................2951
6919  ..............................................................2841
    Corrected.......................................................5211
6920  ..............................................................2842
6921  ..............................................................4144
6922  ..............................................................4856
6923  ..............................................................5987
6924  ..............................................................6560
6925  .............................................................10426
6926  .............................................................19092
6927  .............................................................21613
6928  .............................................................22659
6929  .............................................................24191
6930  .............................................................26607
6931  .............................................................26607
6932  .............................................................24985
    Corrected........................................28555, 31404, 35627
    Corrected by PLO 6937..........................................32180
6933  .............................................................27000
6934  .............................................................28637
    Corrected......................................................53191
6935  .............................................................28638
6936  .............................................................32180
6937  .............................................................32180
6938  .............................................................34520
6939  .............................................................35467
6940  .............................................................35468
6941  .............................................................34685
6942  .............................................................38782
    Corrected......................................................42808
6943  .............................................................39616
6944  .............................................................45321
6945  .............................................................43406
6946  .............................................................45322
6947  .............................................................43618
6948  .............................................................45324
6949  .............................................................45576
6950  .............................................................45725
6951  .............................................................47410
6952  .............................................................53587
6954  .............................................................61326

                                  1993

43 CFR
                                                                   58 FR
                                                                    Page
Chapter II
2090  Authority citation revised...................................60917
2091.0-3  Amended..................................................60917

[[Page 1083]]

2091.2-1  (b) amended; (c) removed.................................60917
2091.2-2  (b) revised; (c) removed.................................60917
2091.3  Heading revised............................................60917
2091.3-1  (b) removed; (a) redesignated as (b); new (a) added......60917
2091.3-2  Revised..................................................60917
2200  Authority citation revised...................................60918
2200.0-2--200.0-9 (Subpart 2200)  Revised..........................60918
2200.0-9  OMB number...............................................60920
2201.1--2201.9 (Subpart 2201)  Revised.............................60920
2202.1  (b) revised; (c) and (d) added.............................60925
2203.1  Revised....................................................60926
2203.2  (a) and (d) revised........................................60926
2203.3  Amended....................................................60926
3120.2-1  Revised..................................................40754
3160  Authority citation revised............................47361, 58505
3164.1  (b) table revised; eff. 10-8-93............................47361
    (b) table amended..............................................58505
3180  Authority citation revised...................................58632
3181.5  Added......................................................58632
3183.4  (a) revised................................................58633
3185.1  Revised....................................................58633
3186.1  Amended....................................................58633
3730  Authority citation added.....................................38196
3730.0-1  Revised..................................................38196
3730.0-3  Revised..................................................38196
3730.0-9  Added....................................................38196
3734.1  (a) and (c) revised; (d) removed...........................38196
3820  Authority citation added.....................................38196
3821.0-3  Added....................................................38196
3821.2  Revised....................................................38197
3821.3  Revised....................................................38197
3830  Authority citation revised...................................38197
3833.0-1--3833.5 (Subpart 3833)  Heading revised; introductory 
        note removed...............................................38197
3833.0-1  (c) and (d) redesignated as (d) and (e); new (c) added; 
        new (e) amended............................................38197
3833.0-3  (a) revised; (b) amended; (e) and (f) added..............38197
3833.0-5  (a), (g), (m) and (o) revised; (p) amended; (t) through 
        (w) added..................................................38197
3833.0-9  Added....................................................38198
3833.1-1  (a) amended..............................................38198
3833.1-2  (a) amended..............................................38198
3833.1-3  Revised..................................................38198
3833.1-4  Revised..................................................38198
3833.1-5  Added....................................................38199
3833.1-6  Added....................................................38199
    (a)(4)(ii) correctly revised...................................41184
3833.1-7  Added....................................................38200
    (c) corrected..................................................41325
3833.2-1  (a) amended; (e) revised.................................38201
3833.2-2  Introductory text amended................................38201
3833.2-3  Heading revised; (d) and (e) added.......................38201
3833.3  (a)(3) added...............................................38201
3833.4  Heading and (a) revised; (b) amended.......................38201
3833.5  (b) revised; (d) amended...................................38201
3850  Authority citation revised...................................38202
3850.0-1  Added....................................................38202
3850.0-9  Added....................................................38202
3851.1  Revised....................................................38202
3851.1-1  Removed..................................................38202
3851.3  (b) revised; (c) added.....................................38202
3851.4  Heading and introductory text revised......................38202
3851.5  Revised....................................................38202
Public Land Orders:
5  Revoked by PLO 6982.............................................32857
725  Revoked in part by PLO 6974...................................31655
1127  Revoked by PLO 6970..........................................25948
1507  Revoked by 6972..............................................26252
1731  Revoked in part by PLO 7021..................................65130
1770  Revoked in part by PLO 7024..................................69239
2051  Revoked in part by PLO 6984..................................33773
2301  Revoked in part by PLO 7008..................................58969
2460  Revoked in part by PLO 6998..................................52238
2634  Revoked in part by PLO 7017..................................64692
3436  Revoked by 6972..............................................26252
4522  Revoked in part by PLO 7002..................................52684

[[Page 1084]]

5245  Revoked by PLO 6969..........................................26917
6391  Amended by PLO 6968..........................................26251
6570  Corrected by PLO 6968........................................26251
6952  Corrected by PLO 6962........................................18163
6953  ..............................................................4081
6955  ..............................................................3229
6956  ..............................................................6719
6957  ..............................................................7867
6958  .............................................................11968
6959  .............................................................14323
6960  .............................................................16628
    Corrected by PLO 6980..........................................33025
6961  .............................................................18018
6962  .............................................................18163
6963  .............................................................19212
6964  .............................................................19212
    Corrected......................................................27060
6965  .............................................................19612
6966  .............................................................25947
6967  .............................................................25948
6968  .............................................................26251
6969  .............................................................26917
6970  .............................................................25948
6971  .............................................................26251
6972  .............................................................26252
6973  .............................................................25949
6974  .............................................................31655
6975  .............................................................31475
6976  .............................................................31475
6977  .............................................................31655
6978  .............................................................31656
6979  .............................................................31656
6980  .............................................................33025
6981  .............................................................32856
6982  .............................................................32857
6983  .............................................................33772
    Corrected......................................................38602
6984  .............................................................33773
6985  .............................................................33773
6986  .............................................................35408
6987  .............................................................33999
6988  .............................................................35409
6989  .............................................................38083
    Corrected......................................................48545
6990  .............................................................42245
    Corrected......................................................44536
6991  .............................................................42245
6992  .............................................................42246
6993  .............................................................43800
6994  .............................................................43801
6995  Eff. 10-18-93................................................48458
6996  .............................................................48458
6997  .............................................................50518
    Corrected......................................................58593
6998  .............................................................52238
6999  .............................................................52238
7000  .............................................................52682
7001  .............................................................52683
    Corrected  ....................................................59098
7002  .............................................................52684
7003  .............................................................53428
7004  .............................................................53429
    Technical  correction  ........................................58902
7005  .............................................................54049
7006  .............................................................57566
7007  .............................................................58968
7008  .............................................................58969
7009  .............................................................62041
    Corrected  by PLO 7023  .......................................66299
7010  .............................................................62042
7011  .............................................................61843
7012  .............................................................64498
7013  .............................................................64165
7014  .............................................................64498
7015  .............................................................64499
7016  .............................................................64499
7017  .............................................................64692
7018  .............................................................64692
7019  .............................................................64693
7020  .............................................................64166
    Corrected  ....................................................68462
7021  .............................................................65130
7022  .............................................................65936
7023  .............................................................66299
7024  .............................................................69239

                                  1994

43 CFR
                                                                   59 FR
                                                                    Page
Chapter II
1720  Removed......................................................29206
1821.2-1  (d) amended..............................................25823
2070  Removed......................................................29206
2510  Removed......................................................29206
3181.5  Corrected..................................................16999
3186.1  Corrected..................................................16999
3720  Removed......................................................44855
3730  Authority citation revised...................................44856
3730.0-1  Revised..................................................44856
3730.0-3  Revised..................................................44856
3730.0-9  (a) revised..............................................44856
3734.1  (a) and (c) revised........................................44856
3800  Authority citation revised...................................44856
3809.0-3  (e) added................................................44856
3809.0-5  (l) added................................................44856
3809.1-4  (b)(6) added.............................................44856
3810  Authority citation added.....................................44856

[[Page 1085]]

3811.2-2  Revised..................................................44856
3811.2-3  Revised..................................................44857
3811.2-8  Removed..................................................44857
3820  Authority citation revised...................................44857
3821.0-3  Revised..................................................44857
3821.2  Revised....................................................44857
3821.3  Revised....................................................44857
3826.1--3826.5-7 (Subpart 3826)  Removed...........................44857
3827.0-1--3827.6 (Subpart 3827)  Removed...........................44857
3830  Authority citation revised...................................44857
3833.0-1  (c) revised..............................................44857
3833.0-3  (a) amended; (e) and (f) revised; (g) and (h) added......44857
3833.0-5  (e), (g), (m) and (o) revised; (t) and (v) removed; (u) 
        and (w) redesignated as (t) and (u); new (v), new (w) and 
        (x) through (bb) added.....................................44858
3833.0-9  (a) revised..............................................44858
3833.1-1  Revised..................................................44858
3833.1-2  (c) and (d) added........................................44859
3833.1-3  Revised..................................................44859
3833.1-4  (b) through (f) redesignated as (c) through (g); 
        heading, new (f) and new (g) revised; new (b) added........44860
3833.1-5  Revised..................................................44860
3833.1-6  Revised..................................................44861
3833.1-7  Revised..................................................44861
    (e)(1) corrected...............................................47815
3833.2-3  Heading, (d) and (e) revised.............................44862
3833.2-6  Revised..................................................44862
3833.3  (c) added..................................................44862
3833.4  Heading, (a) and (b) revised; (c), (d) and (e) 
        redesignated as (d), (e) and (f); new (c) added............44862
3850  Authority citation revised...................................44863
3851.3  (c) revised................................................44863
3851.4  Revised....................................................44863
3851.5  Revised....................................................44863
3851.6  Added......................................................44863
3852.2  Amended....................................................44863
3852.3  Revised....................................................44864
4700  Authority citation revised.............................7643, 28275
4700.0-5  (l) revised..............................................28275
4770.3  Revised.....................................................7643
8352.0-1--8352.4 (Subpart 8352)  Removed...........................29206
Public Land Orders:
219  Revoked by PLO 7046...........................................24648
725  Revoked in part by PLO 7072...................................39468
829  Revoked in part by PLO 7071...................................39468
964  Revoked in part by PLO 7091...................................50698
1094  Revoked in part by PLO 7050..................................25339
1564  Revoked in part by PLO 7038..................................19640
1703  Revoked in part by PLO 7049..................................25338
    Revoked in part by PLO 7085....................................48406
1800  Revoked in part by PLO 7062..................................28791
2051  Revoked in part by PLO 7066..................................33697
2460  Revoked in part by PLO 7051..................................25823
2588  Revoked in part by PLO 7063..................................29544
2632  Revoked in part by PLO 7084..................................48406
3862  Corrected by PLO 7093........................................52921
3953  Revoked in part by PLO 7105..................................63257
4056  Revoked in part by PLO 7105..................................63257
4325  Amended by PLO 7080..........................................45234
4484  Revoked in part by PLO 7074..................................39702
4522  Revoked in part by PLO 7039..................................19641
    Revoked in part by PLO 7086....................................48568
4535  See PLO 7074.................................................39702
4825  Revoked in part by PLO 7047..................................24648
5023  Revoked by PLO 7096..........................................52922
5150  Amended by PLO 7064..........................................34582
5490  Amended by PLO 7043..........................................24946
6986  Corrected......................................................108
7016  Corrected  by PLO 7035.......................................15636
7025  ..............................................................2301
7026  ..............................................................1489
7027  ..............................................................3000
7028  ..............................................................7226
7029  ..............................................................8868
    Technical  correction..........................................12648
7030  .............................................................11726
7031  .............................................................11195
7032  .............................................................11196
7033  .............................................................11196

[[Page 1086]]

7034  .............................................................13893
7035  .............................................................15636
7036  .............................................................15342
    Corrected......................................................19051
7037  .............................................................19145
7038  .............................................................19640
7039  .............................................................19641
    Corrected  by  PLO 7086........................................48568
7040  .............................................................19641
7041  .............................................................29638
7042  .............................................................24945
7043  .............................................................24946
7044  .............................................................24946
7045  .............................................................24947
7046  .............................................................24648
    Corrected by PLO 7097..........................................53362
7047  .............................................................24648
7048  .............................................................24649
    Corrected......................................................29661
7049  .............................................................25338
    Corrected  by PLO 7085.........................................48406
7050  .............................................................25339
7051  .............................................................25823
7052  .............................................................25824
7053  .............................................................25824
7054  .............................................................25824
7055  .............................................................28013
    Corrected......................................................34899
7056  .............................................................29206
7057  .............................................................28788
7058  .............................................................28789
7059  .............................................................28789
7060  .............................................................28790
7061  .............................................................29545
7062  .............................................................28791
7063  .............................................................29544
7064  .............................................................34582
7065  .............................................................35054
7066  .............................................................33697
7067  .............................................................35859
    Corrected......................................................39635
7068  .............................................................35859
7069  .............................................................35267
7070  .............................................................39701
7071  .............................................................39468
7072  .............................................................39468
7073  .............................................................39469
7074  .............................................................39702
7075  .............................................................39702
7076  .............................................................39702
7077  .............................................................43296
7078  .............................................................44332
7079  .............................................................45234
7080  .............................................................45234
7081  .............................................................45987
    Corrected......................................................53869
7082  .............................................................47096
7083  .............................................................48179
7084  .............................................................48406
7085  .............................................................48406
7086  .............................................................48568
7087  .............................................................48568
    Corrected......................................................67750
7088  .............................................................49843
7089  .............................................................49843
7090  .............................................................49844
7091  .............................................................50698
7092  .............................................................50508
7093  .............................................................52921
7094  .............................................................52921
7095  .............................................................52921
7096  .............................................................52922
7097  .............................................................53362
7098  .............................................................55371
7099  .............................................................55371
7100  .............................................................55820
7101  .............................................................55821
7102  .............................................................56409
7103  .............................................................56410
7104  .............................................................62609
7105  .............................................................63257
7106  .............................................................64159
7107  .............................................................64612

                                  1995

43 CFR
                                                                   60 FR
                                                                    Page
Chapter II
1780  Authority citation revised....................................9958
1784.0-5  (d) amended...............................................9958
1784.2-1  (b) removed; (c) redesignated as (b); new (b) revised.....9958
1784.2-2  (a)(1) and (b) revised; (c) added.........................9958
1784.3  (a), (b)(3), (4), (5), (c), (d) and (g) removed; (b)(1), 
        (2) and (f) redesignated as (a)(1), (2) and (c); (b) 
        removed; (e) redesignated as (b)............................9958
1784.5-1  Amended...................................................9958
1784.5-2  Amended...................................................9958
1784.6  Revised.....................................................9958
1784.6-1  Revised...................................................9958
1784.6-2  Added.....................................................9959
1784.6-4  Removed...................................................9960
1784.6-5  Removed...................................................9960
1820  Authority citation revised...................................48905

[[Page 1087]]

1821.2-1  (d) amended..............................................48905
2720  Authority citation revised...................................12711
2720.0-5  (b) revised..............................................12711
2720.0-6  Amended..................................................12711
2720.0-9  Added (OMB number).......................................12711
2720.1-3  (b) amended..............................................12711
2720.2  (b) revised; (c) added.....................................12711
2720.3  (a) amended; (b) revised...................................12711
2800  Note removed.................................................57070
2800.0-5  (j) revised; (aa), (bb) and (cc) added...................57070
2800.0-9  Added....................................................57070
2801.1-1  (b) and (f) amended......................................57070
2803.1-2  (c)(3)(i), (ii), (4), (5) and (d) redesignated as 
        (e)(1), (2), (f), (g) and (h); (b)(1)(i), (c)(1)(iv), (v) 
        introductory text, (2) and new (e) revised; new (d) added 
                                                                   57070
2812.0-9  Added....................................................57072
2880.0-9  Added....................................................57072
4100  Authority citation revised....................................9960
4100.0-2  Revised...................................................9960
4100.0-5  Amended...................................................9960
4100.0-7  Revised...................................................9962
4100.0-9  Added (OMB numbers).......................................9962
4110.1  Introductory text, (a), (b) and (c) redesignated as (a) 
        introductory text, (1), (2) and (3); new (a) introductory 
        text revised; new (b), new (c) and new (d) added............9962
4110.1-1  Revised...................................................9962
4110.2-1  (a)(1), (2) and (c) revised...............................9962
4110.2-2  Heading and (a) revised; (c) amended......................9962
4110.2-3  (a)(1) revised; (b) amended; (f) redesignated as (g); 
        new (f) added...............................................9963
4110.2-4  Revised...................................................9963
4110.3  Revised.....................................................9963
4110.3-1  Heading, (a), (c) introductory text and (1) revised; (b) 
        and (c)(2) amended..........................................9963
4110.3-2  Heading and (b) revised; (a) amended; (c) removed.........9963
4110.3-3  Revised...................................................9963
4110.4-2  (a)(1) and (2) revised....................................9963
4120.2  Revised.....................................................9964
4120.3-1  (b) and (e) amended; (f) added............................9964
4120.3-2  Revised...................................................9964
4120.3-3  (a) amended; (b) and (c) revised..........................9964
4120.3-8  Added.....................................................9965
4120.3-9  Added.....................................................9965
4120.5  Added.......................................................9965
4120.5-1  Added.....................................................9965
4120.5-2  Added.....................................................9965
4130.1  Redesignated as 4130.1-1; new 4130.1 added..................9965
4130.1-1  Redesignated as 4130.4; new 4130.1-1 redesignated from 
        4130.1; heading revised.....................................9965
4130.1-2  (b) revised; (e) amended; (g) and (h) added...............9965
4130.2  (b) through (e) redesignated as (c), (d), (e) and (i); (a) 
        and new (d) revised; new (b), (f), (g) and (h) added........9965
4130.3  Redesignated as 4130.5; new 4130.3 redesignated from 
        4130.6......................................................9965
    Revised.........................................................9966
4130.3-1  (a) amended; (c) added....................................9966
4130.3-2  (f) revised; (g) amended; (h) added.......................9966
4130.3-3  Revised...................................................9966
4130.4  Redesignated as 4130.6; new 4130.4 redesignated from 
        4130.1-1....................................................9965
    Heading and (b) revised.........................................9966
4130.4-1  Redesignated as 4130.6-1..................................9965
4130.4-2  Redesignated as 4130.6-2..................................9965
4130.4-3  Redesignated as 4130.6-3..................................9965
4130.4-4  Redesignated as 4130.6-4..................................9965
4130.5  Redesignated as 4130.7; new 4130.5 redesignated from 
        4130.3......................................................9965
    Existing text designated as (a); (b) added......................9966
4130.6  Redesignated as 4130.3; new 4130.6 redesignated from 
        4130.4......................................................9965
4130.6-1  Redesignated as 4130.3-1; new 4130.6-1 redesignated from 
        4130.4-1....................................................9965
    (a) revised.....................................................9967
4130.6-2  Redesignated as 4130.3-2; new 4130.6-2 redesignated from 
        4130.4-2....................................................9965

[[Page 1088]]

    Amended.........................................................9967
4130.6-3  Redesignated as 4130.3-3; new 4130.6-3 redesignated from 
        4130.4-3....................................................9965
    Revised.........................................................9967
4130.6-4  Redesignated from 4130.4-4................................9965
4130.7  Redesignated as 4130.8; new 4130.7 redesignated from 
        4130.5......................................................9965
    (d) revised; (f) added..........................................9967
4130.7-1  Redesignated as 4130.8-1..................................9965
4130.7-2  Redesignated as 4130.8-2..................................9965
4130.7-3  Redesignated as 4130.8-3..................................9965
4130.8  Redesignated as 4130.9; new 4130.8 redesignated from 
        4130.7......................................................9965
4130.8-1  Redesignated from 4130.7-1................................9965
    (c) revised; (d) and (e) redesignated as (e) and (f); new (d) 
added; new (e) amended..............................................9967
4130.8-2  Redesignated from 4130.7-2................................9965
4130.8-3  Redesignated from 4130.7-3................................9965
    Amended.........................................................9967
4130.9  Redesignated from 4130.8....................................9965
4140.1  (a) introductory text, (2), (6), (b) introductory text, 
        (1)(i), (5), (7), (9) and (10) revised; (b)(11) and (c) 
        added.......................................................9968
4150.1  Existing text in part designated as (b); (a) added..........9968
4150.2  (b) redesignated as (c); new (b) and (d) added..............9968
4150.3  Introductory text and (c) amended; (a) revised..............9968
4160.1  Revised.....................................................9968
4160.1-1  Removed...................................................9969
4160.1-2  Removed...................................................9969
4160.3  (a) and (c) revised; (b) amended; (d), (e) and (f) added 
                                                                    9969
4160.4  Revised.....................................................9969
4170.1-1  (d) amended...............................................9969
4170.1-2  Revised...................................................9969
4170.1-3  Removed...................................................9969
4170.2-1  Revised...................................................9969
4170.2-2  Revised...................................................9969
4180.1--4180.2 (Subpart 4180)  Added................................9969
5462.1  (c) added; eff. 10-30-95...................................50450
5462.2  Added; eff. 10-30-95.......................................50450
5462.3  Added; eff. 10-30-95.......................................50450
5511.1-1  (f)(3) removed; eff. 10-30-95............................50450
5511.1-4  (e) and (f) removed; eff. 10-30-95.......................50450
5511.2-1  (a) revised; eff. 10-30-95...............................50451
5511.2-4  Amended; eff. 10-30-95...................................50451
5511.2-5  Removed; new 554.2-5 redesignated from 5511.2-7 and 
        amended; eff. 10-30-95.....................................50451
5511.2-7  Redesignated as 5511.2-5; eff. 10-30-95..................50451
5511.4  Added; eff. 10-30-95.......................................50451
5511.5  Added; eff. 10-30-95.......................................50451
6220 (Subchapter F)  Removed.......................................61487
9239.1-1  Heading and (b) revised; (c) and (d) removed; eff. 10-
        30-95......................................................50451
9239.1-2  Heading and (a) revised; eff. 10-30-95...................50451
9239.1-3  (a)(4) added; eff. 10-30-95..............................50451
9260  Authority citation revised...................................50451
9265.0-3  Heading revised; eff. 10-30-95...........................50451
    Amended; eff. 10-30-95.........................................50451
9265.4  Amended; eff. 10-30-95.....................................50451
9265.5  Revised; eff. 10-30-95.....................................50451
9265.6  Added; eff. 10-30-95.......................................50451
Chapter III
Chapter  III Established...........................................49446
10005  Added.......................................................49448
Public Land Orders
743  Revoked by PLO 7120...........................................11633
829  Revoked in part by PLO 7125...................................15248
1076  Revoked by PLO 7132..........................................18777
1278  Revoked by PLO 7118..........................................11046
1703  Revoked in part by PLO 7173..................................57939
1731  Revoked in part by PLO 7125..................................15248
1992  Revoked in part by PLO 7157..................................45372
2018  Revoked by PLO 7118..........................................11046
2051  Revoked in part by PLO 7147..................................36736

[[Page 1089]]

2546  Revoked in part by PLO 7135..................................19526
2588  Revoked in part by PLO 7157..................................45372
2602  Revoked by PLO 7118..........................................11046
3398  Revoked in part by PLO 7164..................................52864
3952  Corrected by PLO 7114.........................................8571
4522  Revoked in part by PLO 7128..................................16384
5150  Modified by PLO 7150.........................................39655
5298  Revoked by PLO 7140..........................................24560
7067  Corrected by PLO 7124........................................13915
7100...............................................................55820
    Corrected......................................................12592
7104...............................................................62609
    Corrected  by PLO 7116.........................................10029
7108................................................................2030
7109................................................................2539
7110................................................................3098
7111................................................................3356
7112................................................................3555
7113................................................................5321
7114................................................................8571
7115................................................................8956
7116...............................................................10029
7117...............................................................11045
7118...............................................................11046
7119...............................................................11633
7120...............................................................11633
7121...............................................................12886
7122...............................................................12887
7123...............................................................12887
7124...............................................................13915
7125...............................................................15248
7126...............................................................16383
7127...............................................................16384
7128...............................................................16384
7129...............................................................16584
7130...............................................................16585
7131...............................................................18030
7132...............................................................18777
7133...............................................................18777
7134...............................................................19525
7135...............................................................19526
7136...............................................................20240
7137...............................................................18778
7138...............................................................21984
7139...............................................................22535
7140...............................................................24560
7141...............................................................24792
7142...............................................................25149
7143...............................................................28540
7144...............................................................28541
7145...............................................................28541
7146...............................................................28731
7147...............................................................36736
7148...............................................................36736
7149...............................................................39655
7150...............................................................39655
7151...............................................................42792
7152...............................................................42792
7153...............................................................42067
7154...............................................................44435
7155...............................................................44763
      Corrected....................................................52731
7156...............................................................44763
7157...............................................................45372
7158...............................................................44764
7159...............................................................47874
7160...............................................................48904
7161...............................................................52631
7162...............................................................52631
7163...............................................................51734
7164...............................................................52864
7165...............................................................52864
7166...............................................................53131
7167...............................................................53131
7168...............................................................53131
7169...............................................................54814
7170...............................................................57192
7171...............................................................57192
7172...............................................................57192
7173...............................................................57939
7174...............................................................58521
7175...............................................................58521
7176...............................................................65582
7177...............................................................66150
7178...............................................................66151

                                  1996

43 CFR
                                                                   61 FR
                                                                    Page
Chapter II
1821.2-1  (d) amended..............................................37687
2120  Redesignated as 4600.........................................29031
2567.0-3--2567.8 (Subpart 2567)  Removed; eff. 10-10-96............47725
2900  Note removed.................................................32353
2920  Authority citation revised...................................32353
2920.0-9  Added....................................................32353
2920.2-2  Existing text redesignated as (a); new (a) amended; (b) 
        added......................................................32353
3103.2-2  Introductory text amended.................................4750
3103.4  Heading revised.............................................4750

[[Page 1090]]

3103.4-1  Heading and (b)(1) revised; (c) and (d) redesignated as 
        3103.4-2(a) and (b); (e) redesignated as (c)................4750
3103.4-2  Redesignated as 3103.4-4; (a) and (b) redesignated from 
        3103.4-1(c) and (d); new heading added......................4750
3103.4-3  Added.....................................................4750
3103.4-4  Redesignated from 3103.4-2................................4750
3140.1-4  (c)(3) amended............................................4752
3165.1  (b) amended.................................................4752
3715.0-1--3715.9-1 (Subpart 3715)  Added...........................37125
4100.0-3  (g) removed...............................................4227
4110.2-2  (b) amended...............................................4227
4110.2-3  (a)(2) amended............................................4227
4120.2  (e) amended.................................................4227
4120.3-1  (c) amended...............................................4227
4120.3-2  (a), (b) and (d) amended..................................4227
4120.3-4  Amended...................................................4227
4120.3-6  (d) amended...............................................4227
4120.3-8  (b) amended...............................................4227
4130.1-2  (a) amended...............................................4227
4130.2  (g) introductory text, (1) and (i) amended..................4227
    (j) added......................................................29031
4130.4  (a) amended.................................................4227
4130.8  (d) amended.................................................4227
4130.8-1  (c) amended...............................................4227
4140.1  (a)(4), (b) introductory text, (1)(vi) and (8) amended......4227
4150.3  (e) amended.................................................4227
4160.2  Amended.....................................................4227
4160.3  (b) amended.................................................4227
4160.4  Amended.....................................................4227
4180.2  (f) introductory text revised..............................59835
4600  Redesignated from 2120.......................................29031
4600.0-2--4600.0-3 (Subpart 4600)  Heading revised.................29031
4610.5  Amended....................................................29031
5470  Authority citation revised...................................53861
5475.0-3--5475.7 (Subpart 5475)  Removed...........................53861
8000  Removed......................................................29679
8300  Removed......................................................29679
8364  Public land closures..........................................7077
8400  Removed......................................................15723
Chapter II  Appendix removed........................................2137
Chapter III
10010  Added.......................................................16720
Public Land Orders
1374  Revoked in part by PLO 7186...................................7223
1992  Revoked in part by PLO 7185...................................7223
2588  Revoked in part by PLO 7185...................................7223
3689  Revoked in part by PLO 7182...................................4359
7157  Corrected by PLO 7185.........................................7223
7179................................................................2137
7180................................................................2138
7181................................................................2138
7182................................................................4359
7183................................................................4752
7184................................................................5719
7185................................................................7223
7186................................................................7223

                                  1997

  (Regulations published from January 1, 1997, through October 1, 1997)

43 CFR
                                                                   62 FR
                                                                    Page
Chapter II
1810  Authority citation revised...................................47569
1813.1--1813.3-1 (Subpart 1813)  Removed; eff. 10-10-97............47569
2090  Authority citation revised...................................51376
2093.0-3--2093.5-1 (Subpart 2093)  Removed; eff. 10-31-97..........51376
3190  Authority citation revised...................................49586
3190.2-2  (b)(2) revised...........................................49586
3192.1--3192.18 (Subpart 3192)  Revised............................49586
3400  Authority citation revised...................................44369
3400.0-5  Introductory text and (rr)(6) revised....................44369
3470  Authority citation revised...................................44369
3472.1-2  (e)(1)(i), (6)(ii)(D) and (E) revised....................44370
3480  Authority citation revised...................................44370
3481.4  Added......................................................44370
3481.4-1  Added....................................................44370
3481.4-2  Added....................................................44370
3481.4-3  Added....................................................44370
3481.4-4  Added....................................................44370

[[Page 1091]]

3483.3  Heading, (a) introductory text and (1) revised.............44370
3487.1  (g) and (h) redesignated as (h) and (i); (f)(6) and new 
        (g) added; (e)(6), (f) introductory text, (2) and new 
        (h)(4) revised.............................................44370
3800 Authority citation revised.....................................9099
    Technical correction...........................................26966
3809.0-1--3809.6 (Subpart 3809)  Authority citation removed.........9099
3809.0-9  Added.....................................................9099
3809.1-8  Removed...................................................9100
3809.1-9  Revised...................................................9100
3809.3-1  (b) revised...............................................9102
3809.3-2  (e) revised; (f) added....................................9103
4750.4-2  Revised...................................................5339
5511.1-2  Removed; eff. 10-31-97...................................51377
5511.1-4  Removed; eff. 10-31-97...................................51377
5511.2-1  (a) and (b) designation removed; eff. 10-31-97...........51377
5511.2-5  Removed; eff. 10-31-97...................................51377
5511.4  (b)(2) removed; eff. 10-31-97..............................51377